Law: Income Tax Ordinance, 1979

Section: 59,66A,59(1)

Income Tax Ordinance (XXXI of 1979)----Ss. 66-A & 59(1)---Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---No order in writing---IT-30 form or demand notice---Order of Inspecting Additional Commissioner was challenged on the ground that no action could be taken under S.66-A of the Income Tax Ordinance, 1979 because no order in writing was passed by the Assessing Officer under S.59 (1) of the Income Tax Ordinance, 1979 and only the demand notice and IT-30 form was issued; that under the provisions of S.66-A of the Income Tax Ordinance, 1979, the action could only be taken when there was any order in writing passed by the Assessing Officer which was erroneous and prejudicial to the interest of revenue; that IT-30 form or demand notice were not the substitute of an assessment order required to be passed in writing by the assessing officer under the provisions of S.59(1) of the Income Tax Ordinance, 1979---Validity---Where declared income was accepted as such the requirement of the provisions of S.59(1) of the Income Tax Ordinance, 1979, to pass an order in writing was fulfilled with the preparation and signing of IT-30 from and demand notice by the Assessing Officer---Initiation of proceedings under S.66A of the Income Tax Ordinance, 1979, on the basis of assessment framed as per IT-30 form was held to be legally justified---Addition in assets shown in wealth statement as on 30-6-2000 against those assets declared as per wealth statement as on 30-6-2005, did not reconcile with the income declared and assessed for the assessment year 1996-97 onwards as per assessment record---Even otherwise no prejudice was caused to the assessee by the order of Inspecting Additional Commissioner whereby he was provided with the opportunity to explain and substantiate his contention regarding the sources of investment---Appeal was dismissed by the Appellate Tribunal. 2003 PTD 2276 (Trib.); 2003 PTD 692 (Trib.) and 2003 PTD (Trib.) 2749 ref. 1998 PTD 3718 (Trib.) rel. ORDER KHALID WAHEED AHMED, JUDICIAL MEMBER.---This appeal, at the behest of the assessee-appellant, pertaining to assessment year 2001-2002 is directed against the order of IAC…

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