Law: Income Tax Ordinance, 1979

Section: 66A&59(1)

(a) Income Tax Ordinance (XXXI of 1979)---S.66-A---Powers of Inspecting Additional Commissioner to review Deputy Commissioners order---Error and prejudice---Show-cause notice--¬Error and prejudice should be manifest in the show-cause notice and not subsequently by a fishing enquiry---When show-cause notice was more of an enquiry in nature than a finding, notice was ab initio illegal. (b) Income Tax Ordinance (XXXI of 1979)----Ss.66-A & 59(1)---Powers of Inspecting Additional Commissioner to review Deputy Commissioners order---Order was passed on the basis of show-cause notice requiring the assessee to submit documents and to explain the investment by the Inspecting Additional Commissioner---Same issues were considered and accepted by the Assessing Officer while completing assessment under S.59(1) of the Income Tax Ordinance, 1979---Validity--¬Order passed by Assessing Officer was not considered by I.A.C. to be erroneous and prejudicial to the interest of Revenue but the notice proposed to gather the material so as to investigate and come to the conclusion of prejudice to Revenue after said enquiry---Investigation by Assessing Officer was accepted in the order and, thereafter, Inspecting Additional Commissioner tried to unsettle the finding given by the Assessing Officer without any material evidence---Order was declared to be illegal and the same was cancelled by the Tribunal. 1999 PTD (Trib.) 700 rel. ORDER SHAHID JAMAL (ACCOUNTANT MEMBER).---This appeal is directed against the order under section 66-A of I.A.C. Income-tax, Sukkur Range, Sukkur. 2. Mr. Abdul Tahir Ansari, Authorised Representative for the appellant, pressing the grounds of appeal submitted that original assessment in this case was finalized under section 59(1) of the Income Tax Ordinance and assessees return income of Rs.53,500 was accepted. He invited our attention to the said assessment order submitted that the facts regarding purchase of Al-Imran Hotel and another Hotel in Ranipur and the source thereof was fully discussed and accepted in the said order. Similarly, assessees gross wealth of Rs.13,57,104 liabilities of Rs.11,01,823 to different banks and the net wealth declared at…

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