Law: Income Tax Ordinance, 1979

Section: 65

(a) Income-tax Ordinance (XXXI of 1979)----S. 65--Escaped assessment--Scope of S.65--Fresh information--What amounts to--Merely by deducing another conclusion from the same documents and material would amount to change of opinion by the Assessing Officer--Where facts had fully been disclosed and assessment had been made consciously and no new facts had been discovered, no assessment under S.65 could be made. 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 section 65 of the Income-tax Ordinance, 1979 'on the ground that the income chargeable to tax under the Ordinance has escaped assessment or has been under-assessed; etc in the meaning of clause (a) or (b) of subsection (1) of section 65 of the Ordinance. Jurisdiction under section 65 of the Ordinance can be exercised only in case where after the assessment any new material comes to the knowledge of the Income-tax Officer and definite information to that effect has been received from which it can be inferred and deduced that the assessee's income has been under-assessed or escaped assessment. Unless such definite information is available on record, the Income-tax Officer cannot exercise jurisdiction by reopening the case under section 65. Where all the materials available on record including documents and account books produced have been scrutinized and assessment order has been passed by applying mind, merely by deducing another conclusion from the same documents and materials will amount to change of opinion and the Income-tax Authorities would not be entitled to invoke section 65. But there may be cases where documents may have been filed but neither they have been examined nor considered and the assessment order has been passed without referring to those documents and material then proceedings under section 65 can be initiated. However, when the materials have been placed and a considered speaking order has been passed it would be difficult to say that the order does…

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