Law: Income Tax Ordinance, 1979

Section: 62,64,64(3),Second SchedulePart-I,Clause86

Law: General Clauses Act, 1897

Section: 20A

(a) Income Tax Ordinance (XXXI of 1979)----Second Sched., Part-I, Cl. (86), Ss.64 & 62---Exemption---Limitation---Assessments were annulled by the First Appellate Authority by holding that those were made on a day which was a "public holiday"---Assessment order having been annulled, there was hardly any occasion to assail the order by the assessee in further appeal as the assessee's claim of exemption from charge of income tax on the profit declared from the educational institution had stood accepted---No assessment order being in the field, the assessee's appeals were dismissed by the Appellate Tribunal being infructuous. (b) Income Tax Ordinance (XXX of 1979)--- ----S. 64(3)---C.B.R. Letter No.1(8)-Rev-Bud/98, dated 26-6-2002---Limitation for assessment---Public holiday---Order was passed on a day when there was a "public holiday"---Assessee contended that there was "public holiday" on 30th June, 2002 and limit of time was available to the Assessing Officer to pass the order was till 29th June, 2002---Validity---Notice issued under S.56 of the Income Tax Ordinance, 1979 was served upon the assessee on 11-12-1999---Last date on which the order was to be made by the Assessing Officer fell on 29-6-2002 and not on 30th June, 2002 because on the said date, there was a "public holiday" being the "Sunday"---Assessing Officer had become functus officio not to pass the order on any other date falling beyond 29th June, 2002---Since, the order was passed on 30th June, 2002 when the Courts were closed to conduct judicial proceedings, because of a "public holiday" on the said date order was passed by the Assessing Officer without any lawful authority being hit by limitation as provided under S.64(3) of the Income Tax Ordinance, 1979---Assessment annulled by, the First Appellate Authority was not intervened by the Appellate Tribunal. (c) Word and Phrases--- ----Public Holiday---Sunday---Expression "Public Holiday" includes "Sunday" and any other day declared by the government by notification in the official Gazette to be the "Public Holiday". (d) Income Tax--- ----Limitation---Public holiday---Application of period of limitation---Principles---Generally and usually…

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