Law: Income Tax Ordinance, 1979

Section: 66,66A,

Income Tax Ordinance (XXXI of 1979)------S. 66-A, Explanation ---C.B.R. Circular No. 14 of 1992, dated 1-7-1992---C.B.R. Circular C.No. 2(1) DTA-2 of 1994, dated 19-2-1994---Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---Where order passed by the Assessing Officer was without jurisdiction and was cancelled by the Inspecting Assistant Commissioner being erroneous and prejudicial to the interest of Revenue, such order of I.A.C. was maintained by the Appellate Tribunal with the observation that the order passed by Assessing Officer was rather made in haste and without proper appraisal of the facts of the case. San Paulo (Brazilian) Railway Company Limited v. Carter (Surveyor of Taxes) Tax Cases Vol. III, p.407; I.T.A.T. No. 448/LB of 1998; I.T.H. No. 449/LB of 1998 and I.T.A. No. 450/LB of 1998 distinguished. . THIS ORDER PASSED BY : MAHMOOD AHMED MALIK (ACCOUNTANT MEMBER).--­These two appeals have been filed by the assessee against an order of the IAC passed under section 66-A of the Income Tax Ordinance. 1979 for the assessment years 1997-98 and 1998-99 on 19-6-1999. 2. The brief facts of the case are that the assessments for the years under appeal were finalized under section 62 at an income of Rs. 1,47,600 and Rs. 3,18,800 respectively. The learned IAC held that the assessments were erroneous and prejudicial to the interest of the Revenue for the reasons which were confronted to the assessee as under. 1. As per dealership certificate bearing No. FC/MRT/2810, dated 5-3-1997 issued by the FECTO Cement Ltd. your business address has been given as Messrs Sohail Traders Prop: Syed M. Sohail Tahir Khiali Bye Pass. Sheikhupura Road Gujranwala. Even on copy of security deposit receipt issued by FECTO Cement Ltd. vide No. FCL/MKT/2698, dated 5-3-1998 your address has been written as Messrs Sohail Traders, Prop. Syed M. Sohail Tahir Khiali Bye Pass, Sheikhupura Road, Gujranwala. It was also added that as per Para-4 of above mentioned dealership agreement the a of operation was to be Gujranwala. 2. The Assessing Officer has completed the assessments in your case without lawful jurisdiction as the enquiry report of ITAT on which he…

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