ORDER

This reference application is directed against judgment dated 27.04.2010 of learned Appellate Tribunal Inland Revenue (Appellate Tribunal), whereby department’s appeal was dismissed, while affirming order of 21.04.2009 of CIT/WT (Appeals).2. Matter pertains to Tax year 2004. Following question of law is proposed for determination, statedly arising out of the judgment under reference.“Whether under the facts and in the circumstances of the case, the learned Appellate Tribunal Inland Revenue was justified in upholding the deletion of addition by the Commissioner (Appeals) observing that the provisions of clause (3A) of Part-.IV of Second Schedule to the Income Tax Ordinance, 2001, when the said clause was enacted through Finance Act, 2004 and was applicable from tax year 2005 and onwards?3. Facts are straightforward. Deemed assessment order of section 120 of the Income Tax Ordinance 2001 (Ordinance, 2001) was reviewed by the Taxation Officer in guise of rectification, invoking sectio...