Law: Income Tax Ordinance, 1979

Section: 25(c),156

(a) Income Tax Ordinance (XXXI of 1979)---S.25(c)---Addition---Amount subsequent recovered in respect of deduction---Trading liability---Exemption period---Addition was made by the Assessing Officer under S.25(c), Income Tax Ordinance, 1979--¬Rectification was sought by the assessee on the ground that trading liabilities remained unpaid for the period relating to exemption period which could not be taxed under the provision of S.25(c) of the Ordinance---Rectification application was rejected by the Assessing Officer---Validity---First Appellate Authority deleted the addition made by the Assessing Officer but the same was upheld by the Appellate Tribunal. (b) Income Tax Ordinance (XXXI of 1979)--- ----S.156---Rectification of mistake---Mistake of law and fact---Mistake of law and fact could be rectified under 5.156, Income Tax Ordinance, 1979. 1983 PTD 240 ref. (c) Income tax Ordinance (XXXI of 1979)--- ---S.156---Rectification application ---Disposal of ---Assessee brought facts to the notice of Commissioner of Income tax paving that the assessing Officer directed to dispose of rectification application ---C.I.T. disposed of said application by himself---Held, C.I.T. usurped jurisdiction vested in Assessing officer by deciding rectification application and, thus, made a void order ---C.I.T. ought to have issued instructions to Assessing Officer for disposal of application pending before him in circumstances. ORDER MUHAMMAD MUJIBULLAH SIDDIQUI (CHAIRMAN). ---The above appeal at the instance of department is directed against the order, dated 15-10-1997 by the learned C.I.T.(A), Zone-II, Karachi in I.T.A. No.14 of 1997. 2. The grievance: of department is that the learned C.I.T.(A) has erred in directing/holding that the addition made under section 25(c) of the Income Tax Ordinance, 1979 may be treated as deemed to have been rectified under section 156(3) of the Income Tax Ordinance. It is further averred in the grounds of appeal that the provisions contained in section 156 are not attracted to the addition made under section 25(c) at Rs.3,75,31,923. 3. Heard Mr. Misri Ladhani, learned representative for the department and Mr. S.M. Tanauli, learned counsel for the…

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