Law: Income Tax Ordinance, 1979

Section: 64

(a) Income-tax---Appeal before Tribunal--Question of law--Appellant allowed to argue a point on question of law notwithstanding the fact that it was not taken up before Appellate Assistant Commissioner. (b) Income-tax Ordinance (XXXI of 1979)-- ---S. 64 [as amended by Finance Ordinance (XII of 1982)]--Object of amendment. Section 64 of the Income-tax Ordinance, 1979 as originally enacted and after its amendment read together, leads to the inescapable conclusion, that amendment was brought in section 64 with the object of removing a lacuna which did not permit the making of an assessment if return of income was filed after the expiry of two years from the end of the year in which the income was first assessable. Whereas in the amended section subsections (1) and (3) contain provisions of the originally enacted section, subsection (2) of the amended section provides that assessment in cases where return is voluntarily filed after due date would be made within two years from the end of the Financial year in which the said return is filed. (c) Income-tax Ordinance (XXXI of 1979)----S. 64 [(as amended by Finance Ordinance (XII of 1982)]--Provisions of S. 64 (as amended) are applicable prospectively. ORDER SIKANDAR HAYAT KHAN (MEMBER).--This appeal on behalf of the assessee is directed against the impugned order of learned Appellate Assistant Commissioner in consequence of which he reduced estimate of turnover from Rs.2,70,000 to Rs.1,50,000. Brief facts giving rise to this appeal are that the assessee who is an individual derives income from running a brick kiln. He filed a return to disclose net profit of Rs.12,200 under the self-assessment scheme. The Income-tax Officer on his part, in view of circular No.3 of the C.B.R., set apart this case for assessment under subsection (3) of section 23 of the repealed Income-tax Act, 1922. In consequence thereof net income of the assessee was determined at Rs.90,000. In this connection computation of net income as adopted by the I. -T.O. is set out below:---- Capacity of the kiln is taken at 3,00,000 Total bricks burnt in a year by burning 4 rounds 12,00,000 Less wastage and Bhatta consumption on estimate as it was the first…

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