Pursuant to the order dated 03.09.2024, this Court, while issuing notices to the Respondents, including the Attorney General for Pakistan, directed them to file their reports and parawise comments in response to the legal questions raised in this Petition. On the said date, it was noted by this Court that through this Petition the amendment brought in the Income Tax Ordinance, 2001 (the "Ordinance") through the Tax Laws (Amendment) Act, 2024 (the "Act"), wherein certain modifications have been made to the appellate procedure provided under the Ordinance, has been challenged. It was also noted that the Ordinance prescribes the procedure of pecuniary jurisdiction in Appeals; firstly, before the Commissioner (Appeals), then before the Appellate Tribunal and thereafter a remedy can be availed before this Court in terms of Section 133 of theOrdinance by filing a Tax Reference. However, through the impugned amendment one forum of appeal has been taken away.2. It is astonishing that the Respo...
PRESENT:
JAWAD HASSAN, JUSTICE
Petitioner(s) by: M/s. Zahid Shafiq and Faisal Rasheed, Advocates.
Respondent(s) by: Mr. Sajid Ilyas Bhatti, Additional Attorney General with Arshad Mahmood Malik, Assistant Attorney General. Barrister Raja Hashim Javed, Assistant AdvocateGeneral. Malik Itaat Hussain Awan and Mr. Atif Raheem Burki, Advocates.
Law: Income Tax Ordinance, 2001
Sections: 126-A,133,134A
Law: Constitution of Pakistan, 1973
Sections: 4,10-A,37(D)
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: 2025 PTD 1670