Law: Income Tax Ordinance, 1979

Section: 54,66A,59(1),134

(a) Income Tax Ordinance (XXXI of 1979)---Ss. 54, 66-A, 59(1) & 134---C.B.R. Circular No.18 of 1999, dated 11-9-1999, para. 12(a)---Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---Universal Self-Assessment Scheme---Assessment year 1999-2000---Short payment of tax---Loss of Revenue---Inspecting Additional Commissioner cancelled the assessment order passed under S.59(1) of the Income Tax Ordinance, 1979 on the ground that tax paid under S.54 of the Income Tax Ordinance, 1979 was short as compared to the total tax payable on declared income and directed the Assessing Officer to proceed the case under normal law--­Validity--Admittedly tax due was not paid alongwith the return and a part thereof was paid even after the order passed under S.66A of the Income Tax Ordinance, 1979---Since tax paid was short and the Assessing Officer did not take cognizance of the matter, his order under S.59(1) of the Income Tax Ordinance, 1979 was prejudicial to the interest of Revenue---Appellate Tribunal upheld the order of the Inspecting Additional Commissioner passed under S.66A of the Income Tax Ordinance, 1979 in circumstances. I.T.A. No.372/KB of 1997-98 and 1991 PTD 968 distinguished. (b) Income-tax--- ----Condonation of delay--- Short payment of tax---Loss of Revenue--­Short payment of tax was definitely and admittedly loss of Revenue and should not be condoned particularly in exercise of discretion of the Assessing Officer. 1991 PTD 968 distinguished. ORDER Through this appeal, the assessee has assailed the order of the IAC Range-III, Zone-E under section 66A, dated 31-12-1999 with the main ground that the assessee had filed return of income under universal Self-Assessment Scheme and the assessment was neither erroneous nor prejudicial to the interest of Revenue because there has been no actual assessment order. 2. While Mr. Muhammad Farid, Advocate was present for the appellant, Mr. Kashani defended the impugned order of the IAC. 3. The facts of the case are as under:--- (i) Return was filed under section 55 under Universal Self­ Assessment Scheme declaring income of Rs.2,47,500 for assessment year 1999-2000. The assessee calculated…

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