Law: Income Tax Ordinance, 1979

Section: 156,156(1),38(6)

(a) Income Tax Ordinance (XXXI of 1979)---S. 156(1)---Rectification of mistake---Opportunity of being heard--No order under S.156(1) of the Income Tax Ordinance, 1979 could be passed by the Assessing Officer whereby effect of liability for the assessee was increased unless, the assessee had been given an opportunity of being heard. (b) Income Tax Ordinance (XXXI of 1979)--- ----S. 156(1)---Rectification of mistake---Notice for rectification---Though the Assessing Officer was empowered to rectify any mistake apparent on the face of the record in the original order even on his own, however, it was incumbent upon the Assessing Officer to issue notice under S.156 of the Income Tax Ordinance, 1979 with regard to the subject-matter which the Assessing Officer wanted to rectify---Admittedly, no such notice was given by the Assessing Officer, rectification made regarding such issue was not sustainable in the eye of law. (c) Income-tax--- ----Remand of order---Judicial authority could not use the power of remand just to allow the lower authorities to fill in the lacunae. 1992 PTD 570 rel. (d) Income Tax Ordinance (XXXI of 1979)--- ----S. 38(6)---Limitation as to set-off and carry forward of losses in the case of firms, partners, etc.---Unabsorbed depreciation---Other income---First Appellate Authority fell in error while allowing set off of unabsorbed depreciation allowance against other income of the following year---Section 38(6) of he Income Tax Ordinance, 1979 dealt with cases of firms and partners, while the assessee was a limited company---Allowance for unabsorbed depreciation could not be set-off/adjusted against other income of the following year. (e) Income Tax Ordinance (XXXI of 1979)--- ----S. 38(6)---Limitation as to set-off and carry forward of losses in the case of firms, partners, etc.---Set-off unabsorbed depreciation against other income---Validity---If there was any link between the expense and income from other sources meaning thereby this expense was particularly incurred in earning income from other sources, it could be set-off against profits or gains made out of other income and if not then it must be disallowed---Depreciation was an outcome of…

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