Law: Income Tax Ordinance, 1979

Section: 59,59(1),66,66A

(a) Income Tax Ordinance (XXXI of 1979)-----Ss.66A & 59(I)---Powers of-Inspecting Additional Commissioner to revise Deputy Commissioner's order---Self-Assessment Scheme ---Non­availability of assessment order---In response to show-cause notice under S.66A of the Income Tax Ordinance, 1979, question of non-availability of assessment order under S.59(1) of the Income Tax Ordinance, 1979 was not raised but the assessment was supported and it was asserted to be valid in all respects ---Assessee could not be allowed subsequently to contest alleged non­availability of such order under S.59(1) of the Income Tax Ordinance, 1979 at appellate stage. (b) Income Tax Ordinance (XXXI of 1979)--- ----S.59(l)---Self-assessment---Assessment order---Order under S.59(1) of the Income Tax Ordinance, 1979 is generated automatically once Return filed under Self-Assessment Scheme is found to be in order and taken up for processing by making appropriate entry on the order sheet. (c) Income Tax Ordinance (XXXI of 1979)--- ----Ss.66A &59(1)---C.B.R. Circulars No. 5 of 1997, dated 12-7-1997 and No.11 of 1997, dated 9-9-1997---Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---Self-Assessment Scheme for the assessment year 1997-98---New assessee---Inspecting Additional Commissioner initiated action order S.66A of the Income Tax Ordinance, 1979 on the basis of violation of Self-Assessment Scheme's requirements i.e. non-filing of wealth statement and declaration being not in the ratio of 1/3rd of the capital---Validity---Even if it be accepted that A.O.P. had in effect been exempted from filing wealth statement the fact remains that capital available vis-a-vis income declared was grossly understated/deficient and income cited on the return was as a consequence inadequate and unacceptable for self-assessment purposes---Order of the Inspecting Additional Commissioner was maintained by the Tribunal. ORDER MUHAMMAD MUNIR QURESHI (ACCOUNTANT MEMBER).--- This appeal by an A.O.P. is directed against order of the I.A.C., Range-V, Zone-A, Lahore, dated 2-11-1999. 2. According to the appellant, I.A.C.'-s action under section 66A is not tenable in law as there…

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