Law: Income Tax Ordinance, 1979

Section: 66A

(a) Income-tax---- ----Acknowledgment slip being the intent of the Legislature was a statutory mandate. (b) Income Tax Ordinance (XXXI 79)---S.66-A---Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---Opportunity of being heard---Physical appearance---Opportunity of being heard as used in S.66-A of the Income Tax Ordinance, 1979 did not mean that if the assessee or his Authorised Representative did not physically show appearance and replied through a letter the requirement of law was not fulfilled. (c) Income Tax Ordinance (XXXI of 1979)--- ----S.66-A---Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---Quality of assessment---In-depth inquiry---Cancellation of assessment---Validity---Quality of assessment was not a valid reason for considering the order as erroneous and prejudicial to the interest of Revenue and likewise the suspicion and presumption that in-depth inquiry in the case would have resulted in more Revenue had, no basis---Such style of cancelling the order was against the spirit of law. (d) Income Tax Ordinance (XXXI of 1979)--- ----S.66-A---Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---Depreciation not claimed---Cancellation of assessment---Validity---Taxpayer was not legally bound to claim depreciation in the sense that the law had prescribed a procedure for the claim---If the claim was not made in the prescribed manner the Assessing Officer had the power to disallow the same---If the assessee said that he purchased the asset/car at the fag end of the year, practically there was no depreciation and he therefore, opted not to claim the same---Claim for deprecations would have resulted in lesser income, which did not cause prejudice to the interest of Revenue---Neither on purchase of asset/car nor on the issue of depreciation the Inspecting Additional Commissioner could establish the order to be erroneous nor he could justify that it had caused prejudice to the interest of Revenue---Cancellation of order was not .justified and the same was disapproved by the Tribunal. ORDER KHAWAJA FAROOQ SAEED (JUDICIAL MEMBER).-----This appeal under section…

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