Law: Income Tax Ordinance, 1979

Section: 65(1)(a)(b)

(a) Income Tax Ordinance (XXXI of 1979)---S. 65---Re-opening of assessment---" Definite information" and "assessment having been consciously completed"---Assessment not consciously completed---Re-opening---Validity---Material on record had established that either the assessment was finalized consciously by the Assessing Officer by applying his mind to the facts of the case, as disclosed by the assessees in their return/accounts nor the Department had come into possession of new facts or had discovered new information which could be said to be "definite information", as envisaged by S.65 of the Income Tax Ordinance, 1979 showing that income chargeable to tax had escaped assessment or had been under ­assessed within the meaning of S.65(1)(a)(b) of the Income Tax Ordinance, 1979---Assessment having not been completed consciously and definite information regarding income chargeable to tax having escaped assessment, issuance of notice under S.65 of the Income Tax Ordinance, 1979 for re-opening of the assessment finalized earlier could not be said to be without authority or jurisdiction or in illegal exercise of jurisdiction or power by the Department and no exception could be taken to the same. Messrs Central Insurance Co. and others v. The Central Board of Revenue, Islamabad and others 1992 SCMR 1232; Messrs Pakistan Tobacco Co. Ltd. v. Government of Pakistan through Secretary Ministry of Finance and 3 others 1993 SCMR 493; Messrs E.F.U. General Insurance Co Limited v. The Federation of Pakistan and others PLD 1997 SC 700; Arafat Woollen Mills Ltd. v. The Income Tax Officer and others 1990 PTD 338; Saghir Hussain Naqvi v. Province of Sindh 1996 SCMR 1165; Ch. Muhammad Ismail v. Fazal Zada, Civil Judge, Lahore and 20 others PLD 1996 SC 246; Mian Ejaz Shafi v. Syed Ali Ashraf Shah and 12 others PLD 1994 SC 867; Muhammad Iftikhar Muhammad v. Javed Muhammad and 3 others 1998 SCMR 328; Fateh Ali v. Province of Balochistan through Secretary, Health and others 1997 SCMR 1687; Collector of Customs, Lahore and others v. S.M. Ahmed & Co. (Pvt.) Limited 1999 SCMR 2268; Messrs Airport Support Services v. Import Manager, Quaid-e-Azam International Airport, Karachi and…

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