Law: Income Tax Ordinance, 1979

Section: 65

Law: Constitution of Pakistan, 1973

Section: 185(3)

(a) Income-tax Ordinance (XXXI of 1979)---S.65--Constitution of Pakistan (1973), Art. 185(3)--Leave to appeal was granted to consider contentions; (i) that the Income-tax Officer in seeking to re-open the past assessment for the last 9 years under S.65 of the Ordinance acted beyond his jurisdiction because all material facts were already on the record of the department on the basis of which his predecessors had held that the assessee was liable to be assessed as a property holding company i.e. a company not carrying on the business of buying and selling properties; there was no suppression or concealment of any facts but merely a change of opinion by the I.T.O., as to the inference to be drawn from the same, facts; there was thus no legal basis for proceeding under S.65 of the Ordinance; (ii) that High Court erred in law in considering that the assessee had an adequate remedy under the Income-tax law against the proceedings initiated against it whereas there was in fact, no remedy in law against the issuance of a wrongful notice; the Constitutional petition, could not, therefore, have been dismissed as premature but deserved to be decided on merits; and (iii) that the assessment orders passed by the I.T.O. on 26-12-1982 were not valid and legal, because they were passed after the issuance of the stay order by Supreme Court on 23-12-1982; in so far as a stay order is operative and takes effect as soon as it is passed vide 1974 SCMR 509, the circumstance that it might have been communicated to the I.T.O. after he had passed his assessment orders on 26-12-1982, would not make any difference because Supreme Court had passed the order of stay three days earlier on 23-12-1982. Abdul Rashid Khan and 2 others v. Mst. Nasim Akhtar 1974 S C M R 509 ref. (b) Income-tax Ordinance (XXXI of 1979)-- ---S.65--Once all the facts have been fully disclosed by the assessee and considered by the Income-tax Authorities and the assessments have been consciously completed, and no new fact has been discovered, there can be no scope for interference with these concluded transactions under the provisions of S.65 on the ground that the income chargeable to tax under the Ordinance has…

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