Law: Income Tax Ordinance, 1979

Section: 156,86,88,59(1),50(7C),80D,52&52A

Income Tax Ordinance (XXXI of 1979)----Ss. 156, 86, 88, 59(1), 50(7C), 80-D, 52 & 52A---Rectification of mistake---Self-Assessment Scheme---Additional tax---Deduction of tax at source---Liability of persons failing to deduct or pay tax ---Assessees return was accepted under Self-Assessment Scheme---Assessment was rectified under S.156 of, the Income Tax Ordinance, 1979 and tax was levied under S.50(7C) of the Ordinance at the rate of 7.5 % on the amount earned by winning prize bond with additional tax under S.88, Income Tax Ordinance, 1979---Assessee contended that tax was deductible by the Authority from the payment and such payment/income was covered under presumptive tax regime under S.80-D of the Income Tax Ordinance, 1979 which had nothing to do with the Return filed under Self-Assessment Scheme that Assessing Officer could initiate proceedings under Ss.52 & 52A as well as under S.86 of the Income Tax Ordinance, 1979 and that the price won by assessee was not liable to deduction to tax under S.50(7C) of the Income Tax Ordinance, 1979 because no prize individually was in excess of Rs.25,000---Validity--¬Assessing Officer had incorrectly invoked jurisdiction under S.156 of the Income Tax Ordinance, 1979 and he had to take recourse to the provisions contained in Ss.52 & 52A of the Income Tax Ordinance, 1979---Both orders under Ss.56 & 88 were without jurisdiction which were annulled by Appellate Tribunal with the observation that Assessing Officer might initiate proceedings under Ss.52 & 52A of the Ordinance if so advised and warranted in law. ORDER MUHAMMAD MUJIBULLAH SIDDIQUI (CHAIRMAN).---The above appeals are directed against the order dated 1-2-2000 by the learned CIT(A), Hyderabad in I.T. As. Nos.124 and 125 relating to the assessment year 1995-96. The first appeal arises out of order under section 156 and the second appeal out of order under section 88 which is consequential in nature. 2. Heard Mr. A. S. Jafry, learned counsel for the appellant and Mr. Zaki Ahmad, learned representative for the department. Mr. A. S. Jafry has contended that the entire proceedings under section 156 and consequential proceedings under section 88 are…

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