Law: Income Tax Ordinance, 1979

Section: 65,59,56

(a) Income-tax Ordinance (XXXI of 1979)---Ss. 65, 59 & 56--Self-assessment--Reopening--Justification-¬Assessment not re-opened on the basis of one of the reasons mentioned in S.65, would be of no legal consequence in the eye of law. (b) Income-tax Ordinance (XXXI of 1979)-- --Ss. 65, 59 & 56--Self-assessment--Re-opening--Justification--Piece of information which results in decreasing income by a certain amount is not the kind of information which gives justification for the re-opening of assessment. (c) Income-tax Ordinance (XXXI of 1979)-- --5. 65, 59 & 56--Self-assessment--Re-opening--Justification-¬Furnishing of inaccurate particulars is not one of the reasons on the basis of which assessment could be re-opened unless relevant clause or its equivalent was ticked off on the notice issued under S.65--Where the relevant clause was not scored on the notice issued to assessee under S.65, subsequent proceedings in consequence of the said notice, would be of no legal value in the eye of law. 1987 P T D (Trib) 335 ref. (d) Income-tax Ordinance (XXXI of 1979)-- --S.65--Notice--Notice issued in pursuance of S.65, being of a substantive character had to be served on the assessee strictly in accordance with the letter and spirit of law--Where notice under S.65 was not served strictly in accordance with law, such notice would not be of any legal consequence, rendering reassessment based on such notice, as ab initio illegal in spite of the fact that proceedings under S.65 were initiated in accordance with law with the prior approval of the I.A.C. P L D 1980 Lah. 449 and 1984 P T D 171 ref. ORDER These ten cross-appeals on behalf of the assessee and the department are directed against the impugned order of learned AAC in consequence of which he modified assessments relating to the charge years 1980-81, 1981-82, 1982-83, 1983-84 and 1984-85. 2. Brief facts giving rise to these cross-appeals are that the assessee who is an individual, derives income from the purchase and sale of hardware in Committee Bazar, Mandi Bahauddin, District Gujrat. In this case, disclosed income for the charge years 1980-81, 1981-82, 1982-83, 1983-84 and 1984-85, was earlier accepted…

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