Law: Income Tax Ordinance, 1979

Section: 65,

Law: Constitution of Pakistan, 1973

Section: 199

(a) Income Tax Ordinance (XXXI of 1979)]-----S.65 Information Income tax Officer, at the time of original assessment, knew that the assessee company was owned by Federal Government (PACO) and thus applied rate of tax which was applicable to public limited company, but later on having realised that on the same set of facts and situation a higher rate of tax could be applied as the assessee, in his view, could not be treated as a Public Limited Company Record showed that no fresh information was available to Income tax Officer at the time of initiating action under S.65 Held, provision of S.65 could not be invoked unless definite information had come into the possession of the Income tax Officer Merely because Income tax Officer had realised his mistake in applying a wrong provision of law while framing original assessment, it would not be an information upon which S.65 could be invoked ¬Income tax Officer, on the same set of facts and circumstances, being of opinion that another provision of law should be applied for determining the rate of tax would not amount to information on the basis of which action under S.65 could be initiated as it was merely a change of opinion and not an information available from the record or from outside agency which could be made basis of such action. Eduljee Dinshaw Ltd. v. Income tax Officer PLD 1990 SC 399 ref. (b) Income Tax Ordinance (XXXI of 1979) S.65 "Information" Interpretation Receiving or obtaining by Income tax Officer certain interpretations of a particular provision of law from any department, be it Ministry of Law or Central Board of Revenue or any Legal Advisor or from his own knowledge and reading law books would not constitute "Information" as required by S.65 Liberal interpretation of word "information" would give unrestricted discretion in the hands of the Assessing Officers who might on their interpretation of law set at naught the settled and final assessments. Bhambhore Ceramic Industries Ltd. v. Income tax Officer C.P. No. D 447 of 1988; N. V. Philips Glocilam Peufabricken v. Income tax Officer and another (1990) 61 Tax 159 ; Jason International (Pvt.) Limited v. Income tax Officer and others 1989 PTD 1141;…

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