Law: Income Tax Act, 1922

Section: 10

Law: Constitution of Pakistan, 1973

Section: 199

Law: Income Tax Ordinance, 1979

Section: 59,65,2,8,23,122,14,107

(a) Income Tax Ordinance (XXXI of 1979)----Ss. 59 & 65---Change of opinion---Question of change of opinion would arise in cases where the income-tax Officer had passed a conscious order of assessment and had not acted in a mechanical manner without investigating into the claims and declaration made by assessee. 1971 PTD 200; (1975) 89 ITR 382 and H.M. Abdullah v. The Income-tax Officer and others C.P.D. 340 of 1988 ref. H.M. Abdullah v. The Income-tax Officer and others C.P.D. 340 of 1988 fol. (b) Income Tax Ordinance (XXXI of 1979)--- ----Ss. 59 & 65---Where assessment order under S.59 was made without much consideration and without dilating and discussing the claim for depreciation allowance and exemption claimed by the assessee, it would not be a case where question of change of opinion would arise. (c) Constitution of Pakistan (19713)--- ----Art. 199---Income Tax Ordinance (XXXI of 1979), Second Schedule, cl. 122--¬Constitutional petition---Maintainability---Where the case involved inter¬pretation of the provisions of a statute, â-ž Court would be liberal in considering the Constitutional petition and not shut out the remedy on technical grounds. Nawabzada Muhammad Amir Khan v. Controller of Estate Duty PLD 1961 SC 119; Sindh Industrial Trading Estate Ltd., Karachi v. Central Board of Revenue and 3 others PLD 1975 Kar. 128; Nagina Silk Mills, Lyallpur v. Income-tax Officer, A-Ward, Lyallpur and another 1963 PTD 633; PLD 1958 SC 437; PLD 1959 SC 177; (1968) 18 Taxation 1; (1969) 19 Taxation 97; 1972 SCMR 556; (1989) 179 ITR 287; (1989) 1 ITR 140; PLD 1979 Lah. 559 and 1985 PTD 465 ref. (d) Income Tax Ordinance (XXXI of 1979)--- ----Third Sched., Rr.l, 2, 8 & S.23---Depreciation allowance ---Assessee acquired assets by way of a gift---Depreciation---Deduction---Conditions for admissibility of depreciation allowance---Where an assessee acquires any asset and uses it for purposes of business or profession during the income year he is entitled to depreciation allowance on the "actual cost" to him---Once entitlement is established term "actual cost" should be interpreted in such a manner that a written down value is determined---"Actual cost" to the…

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