Law: Income Tax Ordinance, 1979

Section: 65,65(3A),155

Law: Civil Procedure Code (V of 1908)

Section: O.XX,R.3

(a) Income-tax Ordinance (XXXI of 1979)---S. 65--Civil Procedure Code (V of 1908), O. XX, R.3-Assessment is complete on the date when Assessing Officer affixes his signatures thereon--Income-tax Officer is not-.empowered to make any alteration, in his assessment order, after he has signed it. (b) Income-tax Ordinance (XXXI of 1979)-- ----S. 65--When an Income-tax Officer signs an assessment order within one year from the end of the financial year in which notice under issued, his order shall not be timebarred. Under the Income-tax Ordinance, 1979 the service of the demand notice is material not only for purposes of period of limitation prescribed for filing of appeal but also regarding the creation of tax liability. As such generally the demand notice is signed alongwith assessment order and both are sent to the assessee together. However, sometimes for some good reason, the signing and service of the demand notice may be delayed but as far as the assessment order is concerned it would be deemed to have been made on the date when it was signed. If an Income-tax Officer signs an assessment order within one year from the end of the financial year in which notice under section 65 of the Ordinance was issued, his order shall not be time-barred. C.I.T., Bombay Presidency and Aden v. Khemchand Ramdas (1938) 69 I T R 414 and C.I.T. West Bengal v. Mahabir Prasad Poddar (1974) 93 I T R 215 ref. (c) Income-tax Ordinance (XXXI of 1979)-- ---S. 65(3-A) [as added by Finance Ordinance XII of 1982]-¬Assessment-- Limitation--Notice--No order under S.65(3-A) could be made after expiration of , one year from the end of the financial year in which such notice was served--Where assessment for year 1979-80 was framed on 30th June, 1982, i.e. before Finance Ordinance, 1982 became effective and said Ordinance not being retrospective in operation, assessment made was within time. (d) Income-tax Ordinance (XXXI of 1979)-- ---S. 65(3-A) [as added by Finance Ordinance XII of 1982]-¬Assessment-- Limitation--Law of limitation being a procedural law, there was no vested right in procedure--Where assessment year involved was 1980-81 and assessment was framed on 27th .June, 1983 when…

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