Law: Income Tax Ordinance, 1979

Section: 66A,143B,55,59(1)

(a) Income Tax Ordinance (XXXI of 1979)----S.59(1)---Self-Assessment Scheme, 1995-96---C.B.R. Circular No.12 of 1991, dated 30-6-1991---C.B.R. Circular No.12 of 1991 was not issued under the Self-Assessment Scheme and, thus, was not covered by words "instructions or orders" as used under S.59(l) of the Income Tax Ordinance, 1979---Contention that instructions contained in Circular No.12 of 1991, dated 30-6-1991 were to be deemed to be the instructions as envisaged under S.59(1), Income Tax Ordinance, 1979 and were, thus, mandatory in effect was repelled. Central Insurance Company v. C.B.R. 1993 SCMR 1232 = 1993 PTD 766 rel. (b) Central Board of Revenue----Circular No.12 of 1991, dated 30-6-1991---Examples provided in a circular---Significance---Examples given in the circular were only hypothetical and any effect of prescribed pro forma could not be attributed to such examples. (c) Income Tax Ordinance (XXXI of 1979)---Ss.66-A, 143-B, 55 & 59(1)---C.B.R. Circular No. 12 of 1991, dated 30-6-1991---Powers of Inspecting Additional Commissioner to revise Deputy Commissioners order---Imports and local sales---Imports were liable to presumptive tax declared in the statement filed under S.143-B, Income Tax Ordinance, 1979---Local sales were declared in the return of income filed under S.55 and was assessed under. S.59(1) of the Income Tax Ordinance, 1979---Expenses claimed in Profit and Loss Account were not prorated to turnovers of import and local sales but a note was given that expenses claimed exclusively belonged to business income except import business---Inspecting Additional Commissioner assumed jurisdiction under S.66-A of the Income Tax Ordinance, 1979 and disallowed the expenses of Profit and Loss Account to be prorated to turnovers of import on the ground that expenses in the Profit and Loss Account made it obvious that those must have been incurred both in manufacturing (local sales) and commercial imports and should have been prorated, which had not been done ---Validity-¬No basis existed for the Inspecting Additional Commissioner to consider the order passed by the Assessing Officer under S.59(1) of the Income Tax Ordinance, 1979 to be erroneous in…

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