Income Tax Ordinance, 2001 (XXIX of 2001) - Sections 137, 138, 139 & 140 - General Clauses Act, 1897 - Section 24-A - Recovery of Tax from persons holding money on behalf of Taxpayer - Adoption of Coercive measures by recovery of Tax from Bank of Taxpayer without consent - Validity - Whether practice of making recovery u/s 140 without issuance of notice cannot be supported by any stretch of interpretation of provisions of Income Tax ordinance, 2001 - Held yes - Whether Section 24-A of General Clauses Act, 1887 needs to be read as part of every Federal Statute - Held yes - Whether sub-section (2) of section 24- A of General Clauses Act obliges Authority with duty to give reasons and inform person likely to eject prejudicially - Held yes - Whether it cannot be agreed that action of attaching account u/s 140 of Income Tax ordinance is not coercive measure - Held yes - Whether Deptt. was restrained from taking any action u/s 140 i.e. from recovering amount after attachment of account w...
PRESENT:
SHAHID, JAMIL KHAN, JUDICIAL MEMBER, AND MUHAMMAD ZAHIR-UD-DIN, ACCOUNTANT MEMBER.
Petitioner(s) by: Abdul Hafeez, ITP.
Respondent(s) by: Jamshed Fakhri, DR,.
Law: Income Tax Ordinance, 2001
Sections: 137,138,139,140
Law: General Clauses Act, 1897
Sections: 24A
Disclaimer / Note: We have reproduced the judgment for facilitation of readers; however, the readers must study the original or certified copy of the above said judgment before referring it in any Court of Law. The judgment as reproduced above is a reported judgment available in law magazines and journals namely: 2013 PTD 954 | 106 TAX 375 | 2013 PTCL 242