Law: Income Tax Ordinance, 1979

Section: 111,57

Income tax Ordinance (XXXI of 1979) Ss. 57 & 111 Expression "without prejudice to any liability incurred" occurring in S.57 Meaning Provisions of S.57 are comprehensive and cannot be circumvented by restricted meaning Assessee, any time, during course of proceedings, can revise his return to show his total income Imposing of penalty on revising return by assessee, held, would mean denial of permission allowed by statute. ORDER These two appeals filed by the department are directed against the order of learned CIT (Appeals), dated 12 5 1985, whereby he remitted the penalty imposed on the assessee under section 111 of the Income tax Ordinance, 1979 for concealment of income relating to charge years 1980 81 and 1981 82. The assessee filed a return for the charge year 1980 81 'showing income at Rs.61,683. During the course of proceedings he filed a revised return, raising income to Rs.74, 283. Similarly, for the charge year 1981 82 he revised his return to include hotel income amounting to Rs.12,800. The assessee explained that the amount included by revising returns represented hotel income, which had been separately assessed. The I. T. O. did not accept this explanation and finding that it was concealment on the part of assessee to have left out the amount from original returns. Accordingly, he penalized him under section 111 ibid. The assessee went in appeal disposing of which the learned C.I. T. (Appeals) remitted the penalty observing that it was legally permissible for the assessee to revise his returns before finalization of the proceedings. Hence these appeals by the department. The learned…

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