| Citation(s) |
|---|
| 1998 SLG 333 1998 SLD 333 1998 PTD 2551 |
Appellate Tribunal Inland Revenue
M. A. (Rect.) Nos. 371/KB to 373/KB of 1997-98 in I.T.As. Nos.899/KB to 901/KB of 1994-95, decision dated: 20-05-1998, hearing DATE : 16-05-1998
AFTAB IQBAL RATHORE, ACCOUNTANT MEMBER.
Abdul Tahir, I.T.P. for Appellant. Amjad Malik, D.R. for
Respondent
M. A. (Rect.) Nos. 371/KB to 373/KB of 1997-98 in I.T.As. Nos.899/KB to 901/KB of 1994-95, decision dated: 20-05-1998, hearing DATE : 16-05-1998
AFTAB IQBAL RATHORE, ACCOUNTANT MEMBER.
Abdul Tahir, I.T.P. for Appellant. Amjad Malik, D.R. for
Respondent
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Law: Income Tax Ordinance, 1979
Section: 156
Income Tax Ordinance (XXXI of 1979)-----S. 156---Rectification of mistake---Rectification of Income Tax Appellate Tribunals order---Order was passed on the basis of incorrect perusal of facts and misconception---Order was re-called by the Tribunal for rehearing. ORDER These three Miscellaneous Applications for the assessment years 1990-91, 1991-92 and 1992-93 have been filed on 4-4-1998 seek the rectification of this Tribunals Order in I.T.As. Nos.899, 900 and 901/KB of 1994-95 dated 17-2-1998. 2. Heard Mr. Abdul Tahir, I.T.P. learned representative of the applicant and Mr. Amjad Malik, learned D.R. 3. The learned A.R. firstly submitted that the addition under section 13 has been confirmed by this Tribunal due to mis-understanding and incorrect appraisal of the facts with regard to amount of concealment confronted and actually added by the ITO. It was submitted that for three assessment years under appeal the ITO vide his notice under section 62 dated 10-10-1993 had required the assessee to show cause why the addition of undeclared income at Rs.43,807 for the assessment year 1990-91, 8.61,963 for the assessment year 1991-92 and Rs.47,021 for the assessment year 1992-93 should not be made to the income of the assessee as concealed actual profit. However, while framing the assessment the ITO made addition under the heads cash incentives, bonus and also disallowed part of the expenses totalling Rs.130,775 for the assessment year 1990-91, Rs.174,760 for the assessment year 1991-92 and Rs.152,621 for the assessment year 1992-93. As the addition made by the ITO is in excess of what was confronted, it was submitted that he had pleaded…
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