Law: Income Tax Act, 1922

Section: 66A,65,32A(2)

(a) Income tax Ordinance (XXXI of 1979)------S. 66 A Exercise of powers under S.66 A by Inspecting Assistant Commissioner or Commissioner of Income tax Conditions to be fulfilled. Before an IA.C. or C.I.T. as the case may be, exercises his powers under section 66 A the following conditions must be fulfilled namely: (a) He calls for and examines the record of any proceedings. (b) He considers that the order recorded by the assessing officer is erroneous in so far as it is prejudicial to the interest of the revenue. (c) He provides the assessee with an opportunity of hearing. (d) He, then, makes or causes to be made such enquiry which he deems fit. (b) Income Tax Ordinance (XXXI of 1979) S. 66 A Expression "record of any proceedings" Connotation Commissioner of Income tax cannot rely upon material which was not available before the Income tax Officer. Ganga Properties v. Income tax Officer (1979) 118 ITR 447 rel. J.P. Shrivastava & Sons v. C.I.T. (1978) 111 ITR 326 (All.); Russell Properties (Pvt.) Ltd. Co. v. Additional Commissioner of Income tax (1977) 109 ITR 229 and T. Narayana Pai's case (1975) 98 ITR 422 ref. (c) Words and phrases Expressions "think", "consider", "satisfy" and "in his opinion" are not synonyms of each other Difference between the expressions stated. (1976) 30 Taxation 27 ref. (d) Income tax Ordinance (XXXI of 1979) S. 66 A Commissioner of Income tax acting under S.66 A was required to consider that any order passed in a case by the Income tax Officer was erroneous in so far as it was prejudicial to the interest of the revenue. (e) Income tax Ordinance (XXXI of 1979) S. 66 A Word "consider" in S.66 A has been used to mean something more than mere thinking but something less than the opinion or satisfaction of Inspecting Assistant Commissioner or Commissioner of Income tax as the case may be Requirements to be fulfilled outlined. The word "consider" has been used in section 66 A of Income tax Ordinance, 1979 to mean something more than mere thinking but something less than the opinion or satisfaction of IAC or CIT as the case may be. However, in any case, the IAC or CIT, as the case may be, is required to apply his mind with a view to…

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