Law: Income Tax Ordinance, 1979

Section: 65,66A,138

(a) Income Tax Ordinance (XXXI of 1979)----Ss.66-A & 65---Powers of Inspecting Additional Commissioner to revise Deputy Commissioners order---Basic distinction between the two jurisdictions ---I.A.C. revised the assessment order on the point of non-taxing of interest transferred to suspense account of assessee---Assessee assailed the Authority of I.A.C. to invoke revisional jurisdiction under S.66-A, Income Tax Ordinance, 1979 on the ground that department could exercise jurisdiction under S.65 of the Income Tax Ordinance, 1979 and could not resort to exercise of jurisdiction under S.66-A of the Ordinance ---Validity--¬Basic difference in exercise of jurisdiction under Ss.65 & 66-A of the Ordinance was that the Assessing Officer could not exercise jurisdiction under S.65 on the basis of material already available on record and which had already been consciously considered by the Assessing Officer, while an I.A.C. could exercise revisional jurisdiction under S.66-A on examination of the record of any proceedings under the Ordinance and could exercise revisional jurisdiction, if on examination of material available on record, he considered the order passed as erroneous and prejudicial to the interest of revenue---Appellate Tribunal, in view of the basic difference in the jurisdictions vested in Assessing Officer under S.65 and conferred on I.A.C. as revisional Authority under S.66-A observed that no resort could be made, in the facts and circumstances of the present case, by Assessing Officer to S.65 of the Income Tax Ordinance, and the issue could be considered by the I.A.C. only under S.66-A of the Income Tax Ordinance. (b) Income Tax Ordinance (XXXI of 1979)--- ----Ss.66-A & 138---Power of Inspecting Additional Commissioner to revise Deputy Commissioners order---Power of review ---I.A.C. revised the assessment order on different points/issues---Subsequently, same order was revised on another point/issue which was not discussed in previous revised order ---Assessee assailed the Authority of the I.A.C. for invoking revisional jurisdiction on the ground that order under S.66-A amounted to review of earlier order under S.66-A, which Authority was not…

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