Law: Income Tax Ordinance, 1979

Section: 65(3),(3A),135(9),134(2)

(a) Income tax Ordinance (XXXI of 1979)----S.65(3), (3 A) [as amended by Finance Ordinance (XII of 1982) and Finance Ordinance (XXVIII of 1984)] Additional assessment Effect of amendment of S.65(3) and insertion and then substitution of subsection (3 A) Resultant effect of amendment made in S.65(3 A) was that period of limitation for processing of additional assessments stood restored at 10 years in the cases wherein notice under S.65(1) was issued before 1 7 1982. This substituted amendment was made effective from 14 6 1982. A cursory glance at the history of subsections (3) and 3(A) of section 65 of the Ordinance establishes: (i) Under original subsection (3) of section 65 of the Ordinance period of limitation of ten years was provided for completion of additional assessments; (ii) By virtue of subsection 3(A) added in 1982 period of limitation for additional assessment was provided as one year from the end of the financial year in which notice under subsection (1) of section 65 was served. This provision was effective from 14 6 1982. (ii) Vide Finance Ordinance, 1984 subsection 3(A) of section 65 of the Ordinance was amended with effect from 13 6 1982 providing that subsection 3(A) will be applicable only in those cases where notices under subsection (1) of section 65 of the Ordinance were issued on or after 1 7 1982." The resultant effect of amendment made in subsection 3(A) of section 65 of the Ordinance was that period of limitation for processing of additional assessments stood restored at 10 years in the cases wherein notice under subsection (1) of section 65 of the Ordinance was issued before 1 7 1982. (b) Income tax Ordinance (XXXI of 1979) S.135(9) Appeal before Appellate Tribunal Finality attached to order passed in appeal Appeal is a continuing procedure of assessment and assessment merges in the order of the first appellate authority which in turn merges in the order of the Tribunal Finality thus attaches to the proceedings after passing of the order by the Appellate Tribunal and transaction of assessment becomes past and closed only after order of the Tribunal. (c) Income tax Ordinance (XXXI of 1979) S.134(2) Departmental right of appeal being a…

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