Law: Income Tax Ordinance, 1979

Section: 59,65

(a) Income Tax Ordinance- (XXXI of 1979)----S. 59---Self-Assessment Scheme---Framing of assessment under normal law is the rule which changes into exception when a return is filed under Self¬-Assessment Scheme or under any instruction or orders as notified by the Central Board of Revenue in accordance with the provision of S.59, Income Tax Ordinance, 1979. (b) Income Tax Ordinance (XXXI of 1979)--- ----S. 59---Self-Assessment Scheme---Object. Self-Assessment Scheme introduced in the income-tax law of Pakistan has been introduced to encourage the taxpayers to make contribution towards the State effort in running the Government and the other related State machinery more willingly than it used to be under the normal assessment Scheme. One purpose was to save an honest taxpayer from unnecessary suspicion, accusation and torture of being assessed and/or found guilty of deceit and falsehood. This being the main purpose, care was taken to safeguard the interest of the State also against deceit and cheating even in the Self¬Assessment Scheme. For the better purpose the scheme as well as the provisions in the income Tax Ordinance provided for a very limited reopening of the self-assessment. 1993 P T D 1108 = 1993 SCMR 1108 quoted. (c) Income Tax Ordinance (XXXI of 1979)--- ----S. 59---Self-Assessment Scheme (1991-92), para. 4(ii)---C.B.R. Circular No.22 of 1991, dated 21-7-1991, para. 4(ii)---Terms "gross understatement" and "definite information" in para. 4(ii) of the Self-Assessment Scheme (1991-92)--Connotation---Balance between the rights of an honest taxpayer and hi, obligations towards revenue has to be kept in mind while judging whether or not an information was "definite" in nature and was based upon material evidence raising legitimate. suspicion of "gross understatement" of income. (d) Income Tax Ordinance (XXXI of 1979)--- ----Ss. 59 & 65---Self-Assessment Scheme (1991-92), para. 4(ii)---Para. "definite information" used in para. 4(ii) of the Self-Assessment Scheme (1991 92) and as used in S.65, Income Tax Ordinance, 1965---Distinction-¬Expression "definite information" cannot be given a universal meaning but is will have to be construed in the context…

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