--Audit---Provisions of S.177(10) of the Income Tax Ordinance, 2001---Nature---Procedural or substantive legislation---Last line of S.177(10) of the Income Tax Ordinance, 2001 provided that assessment treated to have been made on the basis of return or revised return filed by the taxpayer shall be of no legal effect, provision had charging impact---Said section attacked on the sanctity of the deemed assessment, rather cut roots of deemed assessment---Right accrued to the taxpayer that of deemed assessment and the section snatched its accrued right and affected taxpayer adversely which was the only test to determine fact as to whether any piece of legislation was procedural or substantive---Appellate Tribunal disagreed with the Department that it was a machinery or a procedural legislation.
| Court | Year | Appellant vs Respondent | Sections | Topic |
|---|---|---|---|---|
| Appellate Tribunal Inland Revenue | 2012 | C.I.R. (LEGAL), R.T.O., RAWALPINDI
Vs Messrs EMPIRE HOTEL, MURREE |
Income Tax Ordinance (XLIX of 2001)----
---S. 177(10) |
Procedural or substantive legislation--- |