Case Details

Citation(s)
2000 SLG 187 2000 SLD 187 2000 PTCL 173 2000 PTD 332
Appellate Tribunal Inland Revenue
I.T.A. No.2532/LB of 1998, decision dated: 30-04-1999.hearing DATE : 30-04-1999.
KHAWAJA FAROOQ SAEED, JUDICIAL MEMBER AND NAZEER AHMAD SALEEMI, ACCOUNTANT MEMBER
Asif Aziz Banth for Appellant. Mrs. Talat Altaf, D.R. for
Respondent.

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Law: Income Tax Ordinance, 1979

Section: 5,66A

Income Tax Ordinance (XXXI of 1979)----S.66-A---Powers of Inspecting Additional Commissioner to revise Deputy Commissioners Order---Scope---Assessment order was revised by Inspecting Additional Commissioner which merged, with the order of Inspecting Additional Commissioner---Successor of Inspecting Additional Commissioner found that there were more errors in the assessment order and directed for cancellation of the assessment---Validity---Order of the Assessing Officer was modified and re-assessment was made by Inspecting Additional Commissioner exercising jurisdiction under 5.66-A, Income Tax Ordinance, 1979.---Order of successor Inspecting Additional Commissioner being illegal and beyond jurisdiction, order of his predecessor was restored by the Tribunal. ORDER KHAWAJA FAROOQ SAEED (JUDICIAL MEMBER).---In this assessees appeal, cancellation of the assessment order by the IAC under section 66-A is challenged. 2. The brief facts in this case are that the assessee filed Income Tax Return declaring loss of Rs.65,66,978, which was assessed by the I.T.O. Range-III, Coys. Zone-2, Lahore. The I.A.C. mondified the same. He found that while making assessment the expenses attributable to the income under section 80 have not been properly proportioned. The same were calculated by him at Rs.2,38,505 and the loss was reduced to Rs.7,17,797. 3. The learned A.R. while explaining these facts remarked that the earlier order have fully merged with the I.A.C.s order to which assessee had not objected. The learned IAC Range-II, Coys., Zone-2, Lahore again inspected the record of the assessee and alleged that there were some more errors in the order and directed for cancellation of the assessment which is now impugned before us. 4. The learned A.R. of the assessee after bringing the above facts before us argued that all the observations of learned IAC were factually incorrect as in subsequent years the assessment has been framed in the same manner on the basis of which the learned IAC has cancelled the assessment order. It was also argued that the assessment order having merged with the order with the order of IAC, the assessment order was not in existence and the learned revising…
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