Law: Income Tax Ordinance, 1979

Section: 156,65,62,86,88,80C,143B,50(4),52&52A

Income Tax Ordinance (XXXI of 1979)----Ss. 156, 65, 62, 86, 88, 80C, 143-B, 50(4), 52 & 52A---Rectification of mistake---Additional assessment---Deduction of tax at source---Failure of--¬Liability of persons failing to deduct or pay tax---Recovery from the person from whom tax was not deducted or collected ---Assessee, a contractor filer: statement under S.143-B of the Income Tax Ordinance 1979 wherein are amount of Rs.23.00.000 received on account of construction work was declared to the statement ---Assessing Officer reopened the assessment un&° S.65 of the Income Tax Ordinance, 1979 and created a demand and charge.: additional tax under S.88 of the Income Tax Ordinance, 1979 on the ground that the provisions of the Income Tax Ordinance, 1979, with reference to proviso to S.50(4) of the Income Tax Ordinance, 1979, were applicable where tax had not been deducted or collected under S. 50(4) of the Income Tax Ordinance, 1979 and found that provisions of S.65 were also applicable ---Assessee assailed the jurisdiction of Assessing Officer in respect of reopening of assessment under S.65 of the Income Tax Ordinance, 1979 pertaining to the income covered under presumptive tax regime---First Appellate Authority and Appellate Tribunal repelled the objection of the assessee---Validity---Held, there was a mechanism contained in the scheme of presumptive tax regime and if any deemed income under ,presumptive tax regime escaped deduction of tax, the revenue could be retrieved by recourse to the provisions contained in Ss.52 & 86 of the Income Tax Ordinance, 1979 and now by recourse to the provisions contained in S.52A inserted by Finance Act,. 1999 which was retrospective in effect being procedural in nature---Section 65 caters the requirements of normal tax regime where total income was assessed/determined after filing of returns while under the presumptive tax regime neither return of Income vas required to be filed nor any total income was assessed/determined---Non-compliance of requirement of law pertaining to presumptive tax regime shall not have the effect of taking the case to the normal tax regime---Once it was found that any transaction was covered…

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