Law: Income Tax Ordinance, 1979

Section: 156

(a) Income Tax Ordinance (XXXI of 1979)-----S. 156---Rectification of mistake---Contention was that no initial depreciation had been allowed to the assessee by the Assessing Officer in the order under S.156, income Tax Ordinance, 1979---Commissioner of Income Tax (Appeals) in his appellate order had given directions to the Assessing officer to look into the claim of the assessee to allow initial depreciation if he was entitled under the facts and circumstances of the case---Such order of the Commissioner of Income Tax (Appeals), held, did not suffer from any legal lacuna and no ground for interference by the Appellate Tribunal had been made out by the assessee. (b) Income-tax--- ----Addition---Disallowance of expenses out of profit and loss account---Such disallowance made on reasonable grounds did not call for any interference by Appellate Tribunal. (c) Income-tax--- ----Addition---Additions made according to the history of the assessee did not require any interference by the Appellate Tribunal. ORDER SARDAR MUHAMMAD ANWAR A. KHAN (JUDCIAL MEMBER).---Four appeals pertaining to the assessment years 1987-88, 1990-91 and 1991-92 have been filed against the order of the CIT (Appeals), dated 18-12-1991 of the learned CIT(Appeals), Gujranwala to call questions the legality of the same. The appeals filed by a private limited company are as under:- (1) A/year 1987-88 against order under section 62. (2) A/year 1987-88 against under section 156. (3) A/year.1990-91 against order under section 62. (4) A/year 1991-92 against order under section 62._ APPEAL UNDER SECTION 156 (ASSESSMENT YEAR 1987-88) 2. The appellant-company derived income from the manufacture and sale of laundry and toilet soap during the years under consideration. 3. The assessee-company has come up in second appeal against the order, dated 18-12-1991 of the learned CIT (Appeals). The learned C.I.T. (Appeals) set aside order under section 156 of the Income-tax Ordinance 1979, dated 4-6-1990. With the directions to the assessing officer to re- i examine the claim of the assessee in respect of initial depreciation under the Rules. The assessee had argued before the learned CIT(A) that no initial…

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