Law: Income Tax Ordinance, 1979

Section: 65,154(6)

Law: Constitution of Pakistan, 1973

Section: 199

(a) Income tax Ordinance (XXXI of 1979)------S.65 Re opening of assessment Term "definite information" Conveys a meaning which is not the same as change of opinion Different interpretation of any provision of law or deriving a different conclusion from a given set of facts will not amount to definite information but a change of opinion Notice under S.65 recited facts and allegations for re opening the assessment under S.65 Notice also referred to the claim of bad debts allowed by the Tribunal and recited that as these debts did not relate to the business income they could not be allowed Objection to grant of claim for bad debt was based an perusal of details filed by the assessee alongwith the return of income Department itself admitted that objections were based on the return of income and documents filed by the assessee which were available before the I.T.O, Commissioner of Income tax and Income tax Appellate Tribunal and it could be said that points enumerated and raised in the notice which were the basis for re opening of assessment under S.65 did not strike the authorties nor" the department at any stage challenged that the debts did not relate to business income Department, however was of the opinion that the debts did not relate to the business income Held, this was merely a change of opinion based on application of facts which were available to the assessing officer and could not amount to a "definite information" which might have come to the possession of the assessing officer Basis for re opening the assessment being a change of opinion, department could not have taken any action under S.65 of the Ordinance being not based on definite information. (b) Income tax Ordinance (XXXI of 1979) S.65 Re opening of assessment Where all the facts had been fully disclosed by the assessee and considered by the Income tax Authorites and the assessment had been framed consciously and no new facts had been discovered, the assessment could not be re opened under S.65. Edulji Dinshaw Limited v. The Income tax Officer (Appeal No.K 1 of 1983 fol. (c) Income tax Ordinance (XXXI of 1979) S.65 Jurisdiction under S.65, when can be exercised Change of opinion, what amount to.…

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