Law: Income Tax Ordinance, 1979

Section: 65,59,56

Law: Income Tax Act, 1922

Section: 34(2),34,23,28(1A)

(a) Income-tax Ordinance (XXXI of 1979)---S. 65--Assessee, a re-rolling mill--Additional assessment-­Information--Assessing Officer received information from vigilance wing of the Department that assessee had understated consumption of energy--Income-tax Officer obtained approval of I.A.C. before re-opening the case--No exception, held, could be taken in circumstances against re-opening of the case on the ground that I.T.O. had no definite information. Eastern Newspaper v. C.I.T. 1981 P T D 237 distinguished (b) Income-tax Act (XI of 1922)-- ---S. 34(2)--Assessee, a re-rolling mill--Allegation of suppression of energy consumption by assessee--Assessee never declared any consumption of energy in his computation of income but had only declared receipts and expenditure--Contention that since consolidated expenditure had been declared by assessee which included expenditure on consumption of energy, there was no question of suppression of energy being correct, case was not a case of suppression of income or expenditure but at best it could be a case of under-assessment and be re-opened under S. 34. (c) Income-tax Act (XI of 1922)-- ---S. 34(2)--Income-tax Ordinance (XXXI of 1.979), Ss. 166(2) & 65---Case of under-assessment--Reopening of case--Limitation--Income-tax Officer is not empowered either by S. 166 or 65 so as to revive his power to re-open ease in which remedy is barred by time before coming into force of the Income-tax Ordinance, 1979. This was case of under assessment, which would fall under section 34(1) of the Income-tax Act, 1922. The limitation for re-opening the case provided under section 34(2) of the Act was two years from the end of the year in which the income was first assessable. The income was assessable for the assessment year 1976-77 upto 30-6-1977. Therefore, the limitation for re-opening of the case under section 34(2) of the Repealed Income-tax Act was up to 30-6-1979. Thus, before the Income-tax Ordinance came into force, the limitation to re-open the case of the assessee had already expired. Unless a statute expressly so provides or unless there is a necessary implication, retrospective operation cannot be given to the statute so as to…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492