Law: Income Tax Ordinance, 1979

Section: 65,65(1)

(a) Income-tax Ordinance (XXXI of 1979)---- ---S. 65 (1)--Powers of Income-tax Officer to re-open an assessment--Exigency. Subsection (1) of section 65, Income-tax Ordinance, 1979 empowers an Income-tax Officer to re-open an assessment only in the following exigency:- (i) If any income chargeable to tax has escaped assessment; or (ii) 1f the total income of an assessee has been under assessed; or (iii) If the, total income of an assessee has been assessed at too low a rate; or (iv) If the total income of an assessee has been the subject of excessive relief or refund; or (v) If the total income of an assessee has been assessed under subsection (1) of section 59, and no order of assessment has subsequently been made under section 65 or any other provision of the Income Tax Ordinance, 1979. Under subsection (2) of section 65, no proceedings under subsection (1) shall be initiated unless definite information has come into the possession of the Income Tax Officer and he has obtained the previous approval of the Inspecting Assistant Commissioner of Income Tax in writing to do so. The conditions prescribed by subsection (1) of section.65 should first be satisfied and only then the second stage of definite information and previous approval of the Inspecting Assistant Commissioner could come into play. (b) Income-tax Ordinance (XXXI of 1979)--S.65--Income-tax Officer is not entitled to re-open', the case merely on the basis of a change of opinion, as to allow him to do so, would subject the assessee to lengthy proceedings and unnecessary harassment. Calcutta Discount Co. Ltd. v. Income-tax Officer A I R 1961 S C 372; Gemini Leather Stores v. Income-tax Officer A I R 1975 S C 1268; Parashuram Pottery Works v. Income-tax Officer A I R 1977 S C 421): Income-tax Officer v. Madnani Engineering Works Ltd. (1979, 118 I T R 1 ; Commissioner of Income ­tax, Delhi v M.K.S. Partab Kumari of Alwar 1982 P T D 59; Dr. H.K. Mahtab v. Income-tax Officer 1981 P T D 74; Dalal Consultants and Engineers Ltd. v: Miss D.V. Bapat, Income-tax Officer and another 1983 P T D 317; Wyeth (India) Pvt. Ltd. v. N.D. Bhatt, Inspecting Assistant Commissioner of Income-tax and another (1982) I T R 20;…

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