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Appellate Tribunal Inland Revenue 2012 Income Tax Ordinance (XLIX of 2001)---

2012 PTD 741

Misuse of circular of the Board of Revenue
Messrs KHAN CNG, FILLING STATION, RAWALPINDI and others
Appellant
VS
DEPUTY COMMISSIONER INLAND REVENUE (AUDIT-II), R.T.O., RAWALPINDI and others
Respondent

Case Laws / Head Notes / Paras

---Amendment of assessment---CNG station---Definite information---Annulment of amended assessment---Contention that instead of annulment of the amended assessment, taxpayer be asked to avail the facility of concessionary payment of tax at the rate of 4% as most taxpayers had availed said facility---Validity---Judicial forums were bound to decide every case as per law and facts of the case---Taxpayer/appellant could not be forced to follow the option availed by other taxpayers because it was their inalienable right to be treated in accordance with law---Appellate Tribunal ought to protect the revenue but strictly in accordance with law---Deemed assessment under S.120 of the Income Tax Ordinance, 2001 stood restored, said issue was answered in the negative by the Appellate Tribunal.