Lahore High Court
2026
THLN 6250
2026 PTD 247
Laws Cited
Income Tax Ordinance, 2001
Sections
133(1), 114, 120, 122, 122(5), 114(6), 120(1), 122(5)

Commissioner Inland Revenue

VS

M/s. Engi Plastic Industries.

Petitioner(s) by: Mr. Liaquat Ali Ch., Advocate
Respondent(s) by: Barrister Usman Khalil, Advocate In ITR No. 284 of 2016 Mr. Shahbaz Butt, Advocate.
Present: (Hassan Nawaz Makhdoom) JUDGE (Khalid Ishaq) JUDGE
ORDER

This Income Tax Reference Application pertaining to tax year 2009 has been filed under section 133(1) of theIncome Tax Ordinance, 2001(the "Ordinance"), seeking opinion of this Court on the question of law, which is said to has arisen from order dated 10.05.2016 (Impugned Order) passed by Appellate Tribunal Inland Revenue, Lahore ("Tribunal"):"Whether on the facts and in the circumstances of the case, the learned Tribunal has erred in law in holding that the department should have amended the first amended assessment order passed u/s 122(5) and not the earlier deemed order u/s 120(1) whereas the law under sub-section (4) of the Section 122 clearly provides that where an assessment order referred to as the "original assessment" has been amended, the Commissioner may further amend as many times as may be necessary the original assessment subject to limitation provided under the sub- section?"2.Learned counsel for the applicant department submits that the Tribunal has erred in law while c...