Law: Income Tax Ordinance, 1979

Section: 13(1)(aa),59B,65,65(1)(c),63,143(3),62,5 9(3),59(1),156,59A,80B,80C,80CC

Law: Income Tax Ordinance, 1979

Section: 13(1)(aa),59B,65,65(1)(c),63,143(3),62,5 9(3),59(1),156,59A,80B,80C,80CC

ORDER The Order was passed by Jawaid Masood Tahir Bhatti, Judicial Member.- The instant appeal has been fixed before me due to difference of opinion in the order of this Tribunal dated 5-5-2001 in ITA No. 3831/KB of 1993-94 (Assessment year 1989-90) between my learned brothers the Judicial Member, Mr. Syed Kabirul Hassan and Mr. Shahid Jamal the Accountant Member (as he then was). Following question has been referred to me for resolution:- Whether on the facts and circumstances of the case, the order passed u/s 59(B) of the Income Tax Ordinance and later rectified u/s 156 of the Ordinance could be reopened u/s 65 of the Income Tax Ordinance 1979"? The facts have been discussed in the said order of my learned brothers as well as in the impugned order made by the assessing officer u/s 63/65 of the Ordinance in detail but in order to refresh the memory and to have focussed attention on the issue these are reproduced at the cost of repetition:- While perusal of the order u/s 63/65 of the Income Tax Ordinance, 1979, I have observed that the assessment for the assessment year 1989-90 was originally completed u/s 59(B) of the Ordinance at net income of Rs.71,380/-. However the case was rectified u/s 156 of the Ordinance as credit of tax was not allowed being under verification. Subsequently it transpired that the capital available with the assessee on 1-7-1988 was Rs.60,033/- but the assessee got cleared a consignment of Rs.7,17,930/- on 24-5-1989. Assessing Officer, therefore, started proceeding u/s 65 of the Ordinance and addition of Rs.6,50,000 u/s 13(1)(aa) of the Ordinance was made. The assessee agitated that order before learned CIT(A) on the grounds that: i) the assessment order was completed on 11-6-1992 which was a close holiday on account of Eid-ul-Azha hence order become illegal: ii) order is against total disregard to the decision of Hon'ble Sindh High Court in Constituted Petition No. D-428, 623, 624 & 429 of 1991: iii) order in question was completed in total contradiction to the decision of Hon'ble Lahore High Court constitution Petition No. 3511 of 1988; iv) the assessee was not confronted twice as mandatory due to decision of this Tribunal; v) the…

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