Law: Income Tax Ordinance, 1979

Section: 65,13(i)(aa)&59(1)

Income Tax Ordinance (XXXI of 1979)---Ss.65, 13(i)(aa) & 59(1)---Additional assessment--Addition---Change of opinion---Assessment was finalized under Self-Assessment Scheme---Assessing Officer re-opened the case subsequently on the basis of information gathered from the accounts/computation chart attached with the return and made additions---Validity--When return was accepted under Self- Assessment Scheme there would be a presumption in law that Assessing Officer had ensured that same qualified for being processed under Self -Assessment Scheme and for that purpose material. on record had been examined---Re-examination of same material should amount to change of opinion---Assessment order was held to be without jurisdiction---Proceedings of re-opening of assessment were quashed and original assessment order was restored by the Appellate Tribunal. 1990 PTD (Trib.) 539 rel. ORDER MUHAMMAD MUJIBULLAH SIDDIQUI (CHAIRMAN).---This appeal at the instance of assessee is directed , against the order dated 2-8-1999 by the learned CIT(A), Hyderabad in I.T.A. No.687 relating to the assessment year 1994-95. 2. The appellant has raised objection in the upholding or reopening of assessment under section 65, maintaining of addition under section 13(1)(aa) at Rs.3,18,875 confirming of G.P. rate applied and maintaining the estimated sales- 3. Heard Mr. A. S. Wry, learned counsel or the appellant and Mr. 7aki Ahmad, learned representative for the department. The learned counsel for the appellant has vehemently assailed the reopening of assessment. He has submitted that reopening is the result of change of opinion and is not based on any information envisaged under section 65. In. support of his contention the learned counsel for the appellant has taken us through the assessment order, according to. which the return was filed under the Self-Assessment Scheme. The assessment was completed under the Self Assessment Scheme. The assessment was reopened on the basis of re-examination of record according to which the appellants payment towards power bills were shown at Rs.1,48,362 and according to the Assessing Officer gross receipts were declared at Rs.1.00,000. A perusal of…

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