Law: Income Tax Ordinance, 1979

Section: 65

(a) Income Tax Ordinance (IXCI of 1979)----S.65---Expression "definite information" as used in S.65---Meaning. The expression "definite information" cannot be given a universal meaning as it will have to be construed in the context of circumstances of each case, the expression "definite information" as used in section 65 of the Income Tax Ordinance means much more than mere material so as to cause a reasonable belief or even such evidence which might lead to a definite belief. In other words mere existence of an evidence which may lead to even a certain conclusion will not be covered within the parameters of definite information which necessarily means a direct information which need not be put to further trial by supporting material. Central Insurance Company and others v. Central Board of Revenue and others 1993 SCMR 1232 = 1993 PTD 766; Chamber's 20th Century Dictionary New Edition; Concise Oxford Dictionary, Seventh Edition; New Webster's Dictionary of English Language; Black's Law Dictionary, Fifth Edition; 1990 PTD 889; Income-tax Officer and others v. Chappal Builders 1993 SCMR 1108 and 1990 PTD 155 ref. (b) Income Tax Ordinance (XXXI of 1979)---S.65---Definite information---Notice under S.65 to the assessee alleging that he had understated the price of plot purchased by him---Additional assessment ---Assessee had a solid defence which he put up in reply to the very first notice served upon him---Proceedings conducted prior and subsequent to notice were in fact in furtherance of a preconceived belief that the price of plot purchased by assessee was under-stated by him---Existence of such a belief earlier to any definite information, however, was without any basis whatsoever---Lack of availability of definite information remained present all along as the Assessing Officer had based his reassessment order solely on the report of the Inspector who in turn started working on the presumption that since another sale-deed was available in which price of the plot in the vicinity was stated higher, therefore, assessee had under-stated the value of his purchase ---Held the Assessing Officer was not justified to re-open the case as the assessment was not based upon…

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