Law: Income Tax Act, 1922

Section: 65,65(1)(a),13(1)(2),

(a) Income Tax Ordinance (XXXI of 1979)-----S.65(1)(a) Expression "any income" Connotation Expression "any income" as used in S.65(1)(a) creates a situation where it is no longer possible to say that any income, deemed by fiction of law, cannot be charged to tax once the "income year" relevant to the "assessment year" has lapsed. In clause (a) of section 65(1), Income tax Ordinance, 1979 words employed are "any income" whereas in clause (b) words "the total income" express a different intendment. Obviously clause (a) does not contemplate a situation where "total income" could have escaped assessment but relates to a situation where "any income" (being only a part of the total income which should have been assessed) has escaped assessment. The expression "any income" as used in clause (a) of subsection (1) of section 65 clearly creates a situation where it is no longer possible to say that any income, deemed by fiction of law, cannot be charged to tax once the "income year" relevant to the "assessment year" has lapsed. (b) Income Tax Ordinance (XXXI of 1979) S.65 Additional assessment Grounds on which action for additional assessment can be taken enumerated. Grounds on which action for additional assessment under section 65 may now be taken are as follows: (i) Partial escapement of income; (ii) under assessment of income; (iii) assessment at too low a rate; (iv) erroneous allowance resulting in excessive relief or refund. (c) Income Tax Ordinance (XXXI of 1979) S.65 "Escaped assessment" Situations covered by reference to income having "escaped assessment" as appearing in S.65 detailed. Reference to income having "escaped assessment" (as appearing in section 65) covers the following situations: (i) When income arising from a particular source or head remains un-assessed whereas income from another source falling under the same head (or from a different head of income) has been assessed i.e. a source of income or a complete head of income may have escaped assessment (ii) When income arising from a particular source or head of income has been assessed in a wrong assessment year, or in the hands of a wrong person. (d) Income Tax Ordinance (XXXI of 1979) S.65 Re…

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