Law: Income Tax Ordinance, 1979

Section: 61,62

[Income Tax Ordinance (XXXI of 1979)]....Sections 62 & 61---Assessment on production of accounts, evidence etc.---Issuance of notice under S.62 of the Income Tax Ordinance, 1979 requiring the assessee to provide books of account---Validity---Notice under S.62 of the Income Tax Ordinance, 1979 was issued by the department requiring the assessee to provide books of account while under section 62 the Assessing Officer could only proceed after examination of books of account in order to point out defects, if any---Under S.61 the Assessing Officer could require an assessee to produce books of account was and not under S.62 of the Income Tax Ordinance, 1979---Notice under S.62 of the Income Tax Ordinance, 1979 though was issued but since it did not fulfil the requirement as envisaged under the law, the same would be presumed that it was not issued---Proceedings initiated were held to be null and void in circumstances---Order was vacated by the Appellate Tribunal who cancelled the assessments and directed to accept the declared results. I.T.A. No. 366 of 2000; 2006 PTD 2654; 2006 PTD 2706; 2007 PTD 1016; 2007 PTD 345 and PLD 2001 Quetta 20 rel. (b) Income-tax--Gross profit rate---Since First Appellate Authority confirmed the Gross Profit rate of 11% in view of the history of the case as well as fixed by the Appellate Tribunal in the previous years no interference was called for by the Appellate Tribunal. ORDER The assessee as well as the Revenue are in cross appeals for the assessment years 1996-97 to 1998-99 while the assessee is also in appeal for the assessment year 1999-2000. Since the issues involved are somewhat different in these appeals, the same are being disposed of in the following manner:-- Assessment Years 1996-97 and 1997-98 Cross Appeals 2. Titled appeals pertaining to the assessment years 1996-97 and 1997-98 have been directed against the combined impugned order, dated 23-2-2004, passed by the learned CIT(A), Zone-II, Lahore. The assessee has challenged the impugned assessment by contending that the learned first appellate authority was not justified in confirming the assessment framed by the Assessing Officer whereby the declared version of the…

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