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Lahore High Court 2016 Income Tax Ordinance (XLIX of 2001)

2016 PTD 1790

Rectification, powers of
BISMA TEXTILE MILLS LTD., LAHORE through Chief Executive
Appellant
VS
FEDERATION OF PAKISTAN through Secretary Revenue Division Chairman and 2 others
Respondent

Case Laws / Head Notes / Paras

Rectification, powers of---Scope---Assesse assailed notices on the ground that income tax officer had no powers to rectify assessment order in original---Objection raised by authorities was that the petition under Art. 199 of the Constitution was not maintainable---Validity---Rectification jurisdiction was a very limited jurisdiction which could only be exercised for rectifying mistake apparent on the record or which was floating on the surface of the record---Such jurisdiction could not be assumed to set aside a well-reasoned order which was passed after due deliberation, application of mind and due consideration of relevant provisions of law and the applicable case-law---Notices in question were not legally justified therefore, objection of maintainability of Constitution petition was ov...