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Supreme Court of Pakistan 2012 Workers' Welfare Fund Ordinance (XXXVI of 1971)------S. 2(f)(vi)--- Income Tax Ordinance (XXXI of 1979), S. 156-- Income Tax Ordinance (XLIX of 2001), S. 221-Constitution of Pakistan, Arts. 4 & 185(3)-

2012 PTD 501

Mistake-- on face of record and rectifiable
COMMISSIONER OF INCOME TAX and another
Appellant
VS
Messrs PAKISTAN PETROLEUM LTD. and 2 others
Respondent

Case Laws / Head Notes / Paras

---Contribution under Workers' Welfare Fund Ordinance, 1971 paid by respondent corporation voluntarily and its reflection in assessment order by Assessing Officer---Assessment order challenged in appeal by respondent without claiming exemption from payment of such contribution---Rectification application by respondent claiming exemption by alleging such contribution made due to an inadvertent and bona fide mistake---Order of Assessing Officer dismissing such application upheld upto High Court---Validity---Under S. 156 of Income Tax Ordinance, 1979, Revenue had power to correct a mistake in tax calculation resulting in a short levy after terming such mistake to be apparent on face of record---When a mistake resulting in a short levy could be termed as one apparent on face of record and rect...