REEM RICE MILL (PVT.) LTD. VS FEDERATION OF PAKISTAN
2002 P T D 363
[Lahore High Court]
Before Mansoor Ahmad, J
REEM RICE MILL (PVT.) LTD.
Versus
FEDERATION OF PAKISTAN through Minister of Finance, Revenue Division, Lahore and others,
Writ Petition No. 7453 of 2001, decided on 28/09/2001.
Income Tax Ordinance (XXXI of 1979)---
----S.129 [as amended by Finance Ordinance (XXI of 2000)]---C.B. R. Circular No. 3 of 2001, dated 23-5-2001---Prospective in operation ---Pre condition for filing appeal against assessment order to deposit 15% of the amount of tax assessed---Applicability---Central Board of Revenue through Circular No. 3 had clarified that such amendment was prospective in operation and it would not apply to any previous assessment year.
Ch. Anwarul Haq for Petitioner.
Muhammad Ilyas Khan for Respondent
ORDER
Through the present writ petition the petitioner called into question the amendment introduced through Finance Act, 2000 whereby the provision of section 129 of Income Tax Ordinance, 1979 was amended and for filing an appeal from the assessment order a pre condition of deposit of 15 % of tax assessed was imposed.
2. An assessment order for assessment years 1996-97 to 2000-2001 was passed in the case of the petitioner by Special Officer of Income-tax, Circle 10, Zone II, Lahore whereby a tax demand of Rs. 4,21,617 as stated in the petition, was created against the petitioner. The petitioner filed an appeal before the Commissioner of Income-tax Appeal, Lahore whereby the condition of 15% tax deposit of tax assessed was pressed into service. Consequently the petitioner filed the present writ petition.
3. The Central Board of Revenue through Circular No. 3, dated 23-5-2001 clarified that the amendment introduced by Finance Act, 2000 was prospective in its operation and it did not apply to any previous assessment year. In view of this clarification the appeal of the petitioner for the assessment years 1996-97 to 2000-2001 did not fall within mischief of the amendment. In any case this Court vide interim order, dated 7-5-2001 passed in the instant writ petition on 25-5-2001 instructed the Commissioner of Income-tax Appeal to entertain the appeal of the petitioner and dispose of the same according to law without insisting upon the pre-condition of deposit of 15 % tax demand.
4. The learned counsel for the petitioner informed that the appeal was entertained and decided by the Commissioner of Appeal.
In view of the statement of the learned counsel, the grievances of the petitioner stand redressed, accordingly the writ petition is disposed of having borne fruit.
S.A.K./M.A.K./R-90/L Petition disposed of.