Law: Income Tax Ordinance, 1979

Section: 13,13(1)(aa),50,50(5A),56,61,65,80,80CC, 143,143B

Income Tax Ordinance (XXXI of 1979)----Ss. 65, 13(1)(aa), 56, 61, 50(5A), 80CC & 143-B---C.B.R. Circular No.6 of 1991, dated 30-6-1991---C.B.R. Circular No.6 of 1994, dated 10-7-1994---Additional assessment---Assessee, an exporter---Tax was withheld at export stage---Statement under 5.143-B of the Income Tax Ordinance, 1979 was filed and tax deducted was considered as full and final discharge of tax liability---Notices under Ss. 56 & 61 of the Income Tax Ordinance, 1979 were issued after getting the information from the wealth tax proceedings of assessee regarding the investment made in purchase of plot, which were replied and explained by the assessee---Assessing Officer leaving undecided the matter initiated under S.56 of the Income Tax Ordinance, 1979, issued the notice under S.65 of the Income Tax Ordinance, 1979 and made the assessment---Validity--Action of Assessing Officer was totally against the spirit of law---During pendency of proceedings initiated under S.56 of the Income Tax Ordinance, 1979, issuance of notice and completion of assessment under S.65 of the Income Tax Ordinance, 1979, especially in the case where previously statement under S.143-B had been filed, was patently illegal ' and invalidated the entire proceeding of the case---Order of vacation of First Appellate Authority was confirmed but with different view from the one adopted by the First Appellate Authority because the view of First Appellate Authority that it was mere change of opinion was not tenable as the income and wealth proceedings were of distinctive nature---Queries made by Assessing Officer and their explanation by assessee and finding by Assessing Officer in either of the two assessment proceeding will not debar the additional assessment in the other set of proceedings--Departmental appeal was dismissed by Appellate Tribunal being devoid of any merit. ORDER Through this appeal assessee has assailed the order of the learned CIT(A), dated 8-11-2000. Objections raised by the IAC are as under: That the learned CIT(A) was not justified in holding that no definite information was available. The assessment in this case was rightly re-opened under section 65 of the Income…

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