Law: Income Tax Ordinance, 1979

Section: 62,66,66A,156

[Income Tax Ordinance (XXXI of 1979)].....Sections 66-A, 62 & 156---Powers of Inspecting Additional Commissioner to revise Deputy 'Commissioner's order ---Assessee was an "Association of Persons" which derived income from running a Hospital---Assessment was finalized under S.62, Income Tax Ordinance, 1979 accepting the declared receipts from "Departmental patients" and loss was assessed---Revising Authority cancelled the assessment on the ground that declared receipts were less than the actual receipts from the "Departmental patients" as per certificate submitted by the assessee---Assessee contended that difference in the total amount as per certificates and assessed was a calculation-mistake which was curable under S.156, Income Tax Ordinance, 1979 and in the presence of provisions of rectification, there was no justification to apply the provisions of S.66-A, Income Tax Ordinance, 1979 and further that there was no loss of revenue, if the amount found as "difference" in the total receipts was added to the final figure of loss assessed and, therefore, proceedings under S.66-A, Income Tax Ordinance, 1979 could not be initiated merely on the expectations of loss of revenue--Validity--Assessment order was cancelled on finding out the discrepancy in the amount declared of account of receipts from various departments and in the total of certificates submitted by the assessee--Receipts from various companies declared by the assessee had been accepted being verifiable---Difference in the total of receipts declared by the assessee and adopted by the Assessing Officer was due to contributory negligence on the part of the Assessing Officer---Total receipts from companies were accepted by the Assessing Officer being verifiable, therefore, the action under S.66-A, Income Tax Ordinance, 1979 on the basis of difference in the total of amounts shown on the certificates did not appear to be justified---Revising Authority should have modified the assessment order instead of cancelling the whole assessment---Order of the. Revisionary Authority was modified by Appellate Tribunal with the direction that the assessment framed by the Assessing Officer be modified to adopt the…

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