Law: Income Tax Ordinance, 1979

Section: 66,156

(a) Income Tax Ordinance (XXXI of 1979)-------66-A(1A)---Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---Issue not the subject-matter of appeal or reference---Revising Authority according to S.66-A(lA) of the Income Tax Ordinance, 1979 is vested with the powers, though limited and qualified, to invoke S.66-A to the point or issue which has not been subject-matter of appeal or reference---Revising, Authority can give only such direction as will be independent of, and not inconsistent with or not in derogation of, any determination made by the Appellate Authorities. 1996 PTD (Trib.) 492 distinguished. (b) Income Tax Ordinance (XXXI of 1979)-------S. 66-A---Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---Doctrine of merger---Issues raised by the Inspecting Additional Commissioner were not the subject-matter of appeal before the First Appellate Authority---Doctrine of merger did not apply to the facts of the case. (c) Income Tax Ordinance (XXXI of 1979--------Ss. 66-A & 156---Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---Depreciation not correctly allowed---Rectification---Depreciation was a statutory allowance and no expenses were actually incurred---Where depreciation had not been correctly allowed that could be rectified by passing, an order to this effect in terms of 5.156 of the Income Tax Ordinance, 1979 and not by invoking the provisions of S.66-A of the Income Tax Ordinance, 1979. (d) Income Tax Ordinance (XXXI of 1979)-------S. 66-A---Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---Allowing sales tax as an expense of Profit and Loss Account---Cancellation of assessment ---Validity--­Assessment cancelled by the Inspecting Additional Commissioner on the ground that sales tax claimed had illegally been allowed as an expense of Profit and Loss Account whereas that was an item of trading account and was to be deducted from the gross sales after recasting the accounts, was upheld by the Tribunal to be justified. (e) Income-tax------Gross profit rate---Recasting of trading account---Parallel cases Inspecting…

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