Law: Income Tax Ordinance, 1979

Section: 66A,59D,62

Income Tax Ordinance (XXXI of 1979)---Ss.66-A, 59-D & 62---Powers of Inspecting Additional Commissioner to revise Deputy Commissioners order---Assessee obtained C.V.T. Certificate for purchase of plot on 28-12-1994 and failed to declare said plot in the wealth tax return for the assessment year 1995-96---Show-cause notice to reopen assessment completed under S.62, Income Tax Ordinance, 1979 by the Assessing Officer for the assessment year 1995-96 on account of said plot was not considered in the assessment order---Declaration of said plot was filed by assessee, in the meanwhile under S.59-D, Income Tax Ordinance, 1979, and accepted in the consolidated order passed under. S.62 for the assessment years 1996-97. & 1997-98---Assessment for the, assessment year 1995-96 was cancelled by Inspecting Additional Commissioner on the ground that neither wealth statement was called for by the Assessing Officer nor, the plot was declared in the wealth tax return for the said assessment year---Validity; --Prejudice or the error in the order passed under S.62, Income Tax Ordinance, 1979 was removed when the assessee filed the declaration under S.59-D of the Income Tax Ordinance, 1979---Show-cause notice was issued before commencement of the proceedings under S.65 but .no proceedings were actually conducted under S.65, Income Tax Ordinance, 1979. Information about purchase of plot was already available with the department at the tune of making assessment---Error in the assessment was secured by declaration under 5.59-D of the Income .Tax Ordinance, 1979--Order of the Inspecting Additional. Commissioner was vacated in circumstances. ORDER INAM ELLAHI SHEIKH (ACCOUNTANT. MEMBER).---An individual assessee deriving income from hardware business has filed this appeal against an order, dated 10-3-1999 recorded by the Inspecting Additional Commissioner of` Income-tax/Wealth Tax, Range-II, Zone-A, Lahore whereby the assessment framed under section 62 of the Income Tax Ordinance (hereinafter called the, Ordinance) has been cancelled. The facts of the case have been summarised by the I.A.C. in her show-cause notice as reproduced in the impugned order in the following manner:---…

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