Case Details

Citation(s)
1991 SLG 174 1991 SLD 174 1991 PTD 1078 (1991) 64 TAX 154
Income Tax Appellate Tribunal
I.T.A. No. 35/KB of 1990-91, decision dated: 24-09-1991, hearing DATE : 14th September 1991
FARHAT ALI KHAN, CHAIRMAN AND IQBAL M. QURESHI, ACCOUNTANT MEMBER
Salman Pasha for Appellant. Ashraf-ud-Din Bhatti, D.R. for
Respondent

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Law: Income Tax Ordinance, 1979

Section: 59B

(a) Income Tax Ordinance (XXXI of 1979)--S. 59-B---C.B.R. Circular No.7 of 1989, dated 26-6-1989, paras.1(a)(i), (ii) 3(d)---Scheme for Simplified Procedure for Assessment for the assessment year 1989-90---Case of an existing assessee which was qualified for acceptance under C.B.R. Circular No.7 of 1989. From perusal of section 1, clause (a), paras. (i) and (ii) of C.B.R Circular No.7 of 1989 it appears that the case of an existing as assessee is qualified for acceptance under aforesaid Circular No.7 of 1989 if his total income declared is less than Rs.1,00,000 and his last declared total income and last assessed total income was also less than Rs.1,00,000. However, from perusal of clause (d) of section 3 of aforesaid Circular, it appears that the expression "the last assessed total income" has been defined to mean assessed total income of the latest assessment year prior to assessment year 1989-90 as stood completed before the date of filing of return of total income for the assessment year 1989-90. (b) Income Tax Ordinance (XXXI of 1979)--- ----R. 59-B---C.B.R. Circular No.7 of 1989, dated 26-6-1989, paras. l(a) & 3(d)--¬Scheme for simplified procedure for assessment for the assessment year 1989-90---Conditions to be complied with before return of assessee stood qualified under the Scheme. (c) Income Tax Ordinance (XXX1 of 1979)--- ----S. 59-B---C.B.R. Circular No.7 of 1989, dated 26-6-1989, para.3(d)---Scheme for simplified procedure for assessment for the assessment year 1989-90---'Last assessed total income'---Illustration. If one reads clause (d) of section 3 of aforesaid Circular, it appears that the last assessed total income would be that which is the assessed total income of (1) an assessment year which is latest to assessment year 1989-90, and (2) which stood completed before 15th October, 1989; the date of filing of return of income for assessment year 1989-90. Question evolved as to which was the "last assessed total income" for the purpose of finding out as to whether the declared income of Rs.93,522 in assessment year 1989-90 was qualified to be accepted under aforesaid Circular No.7? As far as assessment year 1984-85 was concerned, it was…
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