Law: Income Tax Ordinance, 1979

Section: 65&107(5),62,Art.199

Law: Income Tax Rules, 1982

Section: R.48(1)(a)(b),(c)

(a) Income Tax Ordinance (XXXI of 1979)----Ss.65 & 107(5)---Additional assessment---Tax credit on account of balancing, modernizing and replacement was allowed by Assessing Officer while completing assessment under S.62 read with 5.132 of the Income Tax Income Tax Ordinance, 1979---Non-fulfilment of conditions of S.107 of the Ordinance---Effect---Definite information---No new material on record ---Re¬opening of assessment---Validity---Assessment in the present case could be re-opened under S.65 of the Income Tax Ordinance, 1979 on the basis of material on record if all the conditions specified in S.107 of the Income Tax Ordinance, 1979 for allowing the relief of tax credit were not complied with---Re-opening of assessment would not be dependant on the availability of extraneous or new/fresh material or evidence---Non-fulfilment of any of the requirements or conditions specified in S.107 of the Ordinance for allowance of relief of tax credit brought to the knowledge of the Assessing Officer would be deemed to be as "definite information" on the basis of which assessment could be re-opened under S.65 of the Income Tax Ordinance, 1979. Messrs Central Insurance Co. and others v. The Central Board of Revenue Islamabad and others 1993 SCMR 1232; Inspecting Assistant Commissioner and another v. Pakistan Herald Ltd. through Director, Finance and Corporate Affairs 1997 PTD 1485; Syed Saghir Ahmad Naqvi v. Province of Sindh through Chief Secretary, S&GAD, Karachi and another 1996 SCMR 1165; Fateh Ali v. Province of Balochistan through Secretary, Health and others 1997 SCMR 1687 and The State v. Sultan 1992 SCMR 2034 ref. (b) Income Tax Ordinance (XXXI of 1979)--- ----Ss.107(5), 65 & 62---Income Tax Rules, 1982, R.48(1)(a)(b) & (c)--¬Constitution of Pakistan (1973), Art.199---Tax credit on account of balancing, modernizing and replacement---Non-production of documentary evidence---Re-opening of assessment---Definite information---Constitutional petition---Factual controversy---Maintainability---Assessment was completed under S.62 of the Income Tax Ordinance, 1979 and 4llowed the tax credit--¬Subsequently, show-cause notice under S.65 was issued for…

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