Law: Income Tax Ordinance, 1979

Section: 2(7),2(16),50(4A),59(A),61,62,80C,132,15 9

Law: Companies Act, (VII of 1913)

Section: 171

Law: Companies Ordinance, 1984

Section: 247,361(1),366,370(b)

THIS ORDER PASSED BY: JAWAID MASOOD TAHIR BHATTI (JUDICIAL MEMBER):----------- The department through this appeal has objected to the impugned order of the learned CIT(A), dated 2-12-2002, cancelling the order passed by the Assessing Officer being without jurisdiction. The appellant department has objected the impugned order on the following grounds: - (1) That the learned CIT(A)-III has failed to appreciate the provision of section 159 of Income Tax Ordinance, 1979 and wrongly held that proceedings in respect of earlier assessment year could not be initiated after a period of three months of appointment of Liquidator. (2) That the learned CIT(A) has misdirected herself by relying on the learned ITATs reported case 1990 PTD 520, which is of different circumstances, without referring to any provision of law. 2. The original assessment in this case was made under section 62, which was agitated by the assessee in first appeal and the learned CIT(A) set aside the assessment for de novo proceedings. The Assessing Officer has passed the assessment order under section 132/59(A) read with 80-C of the Income Tax Ordinance, 1979 on 22-10-2002 which is reproduced hereunder: "Assessee a (Pvt.) Ltd. Company earns its income as commission working as shipping agent. Original order as passed under section 62 by the DCIT who assessed the income under section 80-C and disallowed the expenses. Being aggrieved assessee filed an appeal to CIT(A) Zone-III, Karachi vide his order No. CIT(A)/III/2002/18, dated 30-1-2002 set aside assessment for the de novo adjudication after given proper opportunity to the assessee." The case was fixed for 16-5-2002 when notice under section 62 was issued as under: Please refer to above and your AR's reply before the learned CIT(A) wherein he has referred to the definition of commission, as given in Black's Law Dictionary as under: Your name of the company denotes that you are running a shipping agency and the nature of business given in the return of income as Shipping Agents. The fee is paid to you as an agent for a basis which comes in the purview of the above definition. Moreover, in your statement of Income and expenditure filed with your return…

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