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Supreme Court of Pakistan 2024 Income Tax Ordinance, 2001

2024 PTD 483

Notice and proceedings under Section 111
COMMISSIONER INLAND REVENUE, LAHORE
Appellant
VS
Messrs MILLAT TRACTORS LIMITED, LAHORE and others
Respondent

Case Laws / Head Notes / Paras

----Ss. 111, Explanation & 122---Explanation introduced in Section 111 of the Income Tax Ordinance, 2001 ('Ordinance') pursuant to the Finance Act, 2021---Effect---On a plain reading of the said Explanation, it appears that it is couched in clarificatory and declaratory terms for "removal of doubt"---However, the intention behind the Explanation and the effect of adding the Explanation is to take away the right to a separate notice and proceedings under Section 111 if the grounds under Section 111(1)(a) to (d) are confronted to the taxpayer through a notice under Section 122(9) of the Ordinance---Therefore, in essence, it abridges the right to a separate notice and proceedings under Section 111 of the Ordinance, which was the requirement of the law---As a consequence, the Explanation t...