Law: Income Tax Ordinance, 1979

Section: 5,8

Income-tax Ordinance (XXXI of 1979)---Ss. 5 & 8-C.B.R. Circular No. 3 of 1979, para. 5-Self-assessment scheme for 1979-80--Idstructio;-ls by Central Board of Revenue binding on all officers and persons employed in execution of Income-tax Ordinance, 1979-Cases selected for detailed scrutiny-Income-tax Officer does not have jurisdiction to make such assessment single­handedly-Assessment can only be made jointly by Income-tax Officer and Inspecting Assistant Commissioner of Range-Assessment, held, liable to be annulled in circumstances-Assessment also not sustainable for want of approval of Commissioner of Income-tax, assessed income being more than Rupees one lac. P L D 1978 Kar. 723 - 1981 P T D (Trib.) 97 and 1981 P T D (Trib.) 32 ref. ORDER This appeal, under section 134 of the Income-tax Ordinance, 1979, has arisen in the following circumstances: The appellant is a registered Firm. It derives income from business of cotton ginning and cotton seed crushing. Assessment year involved is 1979-80. On 15th September, 1979, it filed return declaring net income at Rs. 63,029. Later on, it filed a revised return on 4th March, 1980 declaring net income at Rs. 2,35,000 as under: -­ Rs. Net income as per P L Account ... 63,029 Addition out of P L.Account ... 8,400 Addition for self-assessment ... 1,63,571 2,35,000 The Income-tax Officer, however, started proceedings fur regular assesment under section 62 of the Ordinance. During the assessment proceedings the assessee vide its letter dated 8th May, 1982, requested the Income-tax Officer that its return should be accepted under the self-assessment scheme. The Income-tax Officer, vide his letter dated lath May, 1982 declined to accept his request for the reason given in the assessment order, The main reason for not framing the assessment under self-assessment scheme was that the return had not been filed voluntarily by the due date. The assessee appeared before the Income-tax Officer from time to time and produced the account books. The Income-tax Officer ultimately framed the 4ssossmtnt sunder normal law. He rejected the book version and made addition in various sums under different heads such as `purchase of kapas…

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