Law: Income Tax Ordinance, 1979

Section: 65,156

(a) Income Tax Ordinance (XXXI of 1979)----S. 65---Re-opening of assessment---Additional assessment---Definite information---Duty of Assessing Officer---Definite information being foundation stone of any action under S.65, Income Tax Ordinance, 1979, Assessing Officer was duty bound to probe the matter minutely and a definite opinion based on definite information and not on the change of opinion---Re-opening of assessment is prohibited on doubts and suspicions. (b) Income-tax--- ----Charge of tax---Joint assessment---Sharing of a common name by two distinct persons cannot be made basis for joint assessment of such persons. 1978 PTD (Trib.) 54 ref. (c) Income-tax--- ----Co-ownership of an asset is distinct from partnership---Principles. Co-ownership of an asset is distinct from partnership which are the basis of common business. Moreover co-ownership is not necessarily the result of agreement. One co-owner can, without the consent of the other co-owners, confer its interest to a stranger but a partner cannot do this etc. All appellant ¬firms and the members of URF could not be held liable for the acts of each other during period in which they had no concern whatsoever with the business activities of one another. (d) Income Tax Ordinance (XXXI of 1979)--- ----S. 156---Rectification of mistakes---Vagueness of notices and illegal assumption of jurisdiction is not rectifiable. 1983 P T D 344 ref. ORDER ABDUL RASHID QURESHI (JUDICIAL MEMBER).--These are ten cross-appeals pertaining to the assessment years 1989-90, 1990-91, 1991-92, 1992-93 and 1993-94 filed by the assessee as well as the department against the impugned order passed by the learned. Appellate Additional Commissioner of Income-tax/Wealth Tax, Sahiwal on 31-8-1995. Appeal for the assessment year 1989-90 was filed by the unregistered firm, for the assessment years 1990-91 arid 1991-92 by the Registered firm consisting of three partners and for the assessment years 1992-93 and 1993-94 by the Registered firm consisting of four persons. All the appeals filed by the assessee are directed against the combined assessment order, dated 13-5-1995 as well as the combined appellate order dated 31-8-1995 whereas the…

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