Law: Income Tax Ordinance, 1979

Section: 59,66A

Income Tax Ordinance (XXXI of 1979)---Ss. 66-A & 59(1)---C.B.R. Circular No. 18 of 1999, dated 11-9-1999-­Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---Assessment year 1999-2000---.Assessment was finalized under S.59(1) of the Income Tax Ordinance, 1979---Inspecting Additional Commissioner cancelled the assessment on the ground that the income declared was less than the income assessed for the assessment year 1996-97 under S.62 of the Income Tax Ordinance, 1979 and directed the Assessing Officer to make de novo assessment ---Assessee contended that assessment for the assessment year 1996-97 was completed on 19-5-1999 while assessment for the assessment' year 1998-99 was deemed to be completed under. S.59(4) of the Income Tax Ordinance, 1979 on 30-6-1999 since no formal assessment order was passed with regard to assessment for the assessment year 1998-99 and comparison of the declared income for the assessment year 1999-2000 was to be made with the preceding assessment year 1998-99 in which assessment stood completed on 30-6-1999 by operation of law under S.59(4) ,of the Income Tax Ordinance, 1979 and income assessed for the assessment year 1996-97 could not be made basis for invoking S.66-A of the Income Tax Ordinance, 1979---Validity ---Inspecting Additional Commissioner misinterpreted the C.B.R. Circular No.18 of 1999, dated 11-9-1999 since the assessment in the preceding assessment year had already been completed on 30-6-1999 by virtue of S.59(4) of the Income Tax Ordinance, 1979, income declared for the assessment year 1998-99 to be treated "income last declared" as envisaged by Circular NoA8 of 1999, dated 11-9-1999 .and not the highest income eve lld6eclared by the assessee in the number of years even preceding to the last assessment year---Order of the Inspecting Additional Commissioner passed under S.66-A of the Income Tax Ordinance, 1979 was vacated by the Tribunal. I.T.A. No.2477/LB of 2001 rel. ORDER SYED NADEEM SAQLAIN (JUDICIAL MEMBER). ---Titled appeal for the assessment year 1999-2000 at the instance of the assessee/appellant has been directed against the order, dated 13-8-2001 passed under section 66-A…

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