Law: Income Tax Ordinance, 1979

Section: 65

(a) Income Tax Ordinance (XXXI of 1979)----S. 65---Re-assessment proceedings---Proceedings under S.65 of Income Tax Ordinance, 1979 could be initiated only in case where definite information had come into the possession of Deputy Commissioner and that too after obtaining the approval of Inspecting Assistant Commissioner in writing to do so---Letter from Assessing Officer for obtaining the permission and another letter granting permission were on record, but neither mandatory prior_ approval was sought nor approval was granted---Permission was not equivalent to approval and since there was no mandatory approval of Inspecting Assistant Commissioner, addition was not maintainable in law---C.I.T.(A) in circumstances had erred to have not deleted the addition instead of setting aside the same. 1993 PTD (Trib.) 1172; (2005) 91 Tax 462 (Trib.) and 2003 PTD (Trib.) 1238 ref. (b) Words and pharas--- ----"Permission" and "approval"---"Permission" is not equivalent to "approval". ORDER By this order we would prefer to decide appeals captioned above arising from the order under section 65 of the Income Tax Ordinance, 1979, set aside by the CIT(A) directing to proceed de novo after due consideration to the discussion and providing proper opportunity to assessee of being heard. 2. Perusal of the record shows that vide order sheet entry proceedings were initiated by the ITO on 22-11-2000. The re-assessment proceedings were initiated invoking section 65 of the Income Tax Ordinance, 1979 and due to failure on the part of the assessee to make compliance of the notices, the reassessments were finalized ex parte. 3. The order sheet entry dated 18-1-2001 shows that permission to reopen the case under section 65 of the Income Tax Ordinance, 1979 was sought from the Inspecting Additional Commissioner of Income Tax Sukkur vide ITO's letter…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492