Law: Income Tax Ordinance, 1979

Section: 57

(a) Income Tax Ordinance (XXXI of 1979)---S.57---Revised return of total income ---Assessee is entitled to file a revised return under the provision of S.57, Income Tax Ordinance, 1979 at any time before the assessment is finalized. Cannon Products Ltd. and others v. I.T.O. and others 1985 PTD 549 ref. (b) Income Tax Ordinance (XXXI of 1979)--- ----S.57---Revised return of total income ---Assessee a builder---Second return filed by assessee constituted a "revised return" as envisaged under S.57 of the Income Tax Ordinance, 1979---Assessing Officers failure to take due notice of it would colour the subsequent proceedings. Per Nasim Sikandar, Judicial Member--- After filing of the revised return by the assessee the scope of further proceedings and inquiry-could only be the declarations etc. made in the revised return and not on the basis of the original return. This having not been done arid the-assessing officer having continued proceedings and the scope of inquiry, having remained the original return, all subsequent steps after filing of the revised return definitely coloured the whole assessment proceedings. These were accordingly set aside alongwith the impugned order and it was directed that the case should be remitted to the assessing officer to base his further inquiry on the declarations/statements made in the revised return. Cannon Products Ltd. and others v. ITO and others (1985) 51 Tax 114 ref. Per Khalid Mahmood, Accountant Member (Minority view)--¬ CIT v. Sodra Devi (1957) 32 ITR 615 (SC); Tarulata Shyam v. CIT (1977) 108 ITR 345 (SC); Arunachalam Chattiar v. CIT (1931) 6 ITC 58; CIT v. Badridas Ramrai (1939) 7 ITR 613; CIT v. Angara Satyam 37 ITR 230; Amjad Ali Najir Ali v. CIT (1977) 110 ITR 419; CIT v. Subramania Chattiar (1977) 110 ITR 602; Sulemanji Ganibhai v. CIT (1980) 121 ITR 373; Union Engineering Co. v. CIT (1980) 122 ITR 719; CIT v. Radhey Shyam (1980) 121 ITR 125; Muhammad Ibrahim Ajimulla v. CIT (181) 131 ITR 680; CIT v. Hajt P. Muhammad (1981) 132 ITR 623; CIT v. Mahim (1984) 149 ITR 737 and Cannon Products Limited v. ITO 1985 PTD 549 ref. ORDER NASIM SIKANDER, (JUDICIAL MEMBER).---This further appeal by a URF assails an order recorded…

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