Law: Income Tax Ordinance, 1979

Section: 62,136(1)

Income Tax Ordinance (XXXI of 1979)----S. 62---Re-opening of assessment---Cancellation of re-assessment orders by Appellate Authority and Tribunal---Validity---Appellate Authority and Tribunal had found as a fact that there was no justifiable reason available with Assessing Officer to re-open assessments---Kind of definite information and basis for re-opening taken by Assessing Officer having been disapproved by both appellate forums, there was no question of setting aside of assessments---Issue that due to lack of consideration of evidence available on record, Tribunal ought to have set aside assessments instead of cancelling them did not arise at all---High Court declined to entertain questions framed for consideration and dismissed appeal in limine. ORDER Through this single order we intend to dispose of I.T.A. Nos. 185, 186 and 187 of 1997. 2. In these further appeals under section 136(1) of the late Income Tax Ordinance, 1979 the Revenue claims that following questions of law has arisen out of a consolidated order recorded by a learned Member in Chamber of the Income Tax Appellate Tribunal on 25-7-1997 in the case of the assessee, a private limited company which, at the relevant time, derived income from manufacturing and supply of different kinds of machinery:--- (i) Whether under the facts and circumstances of the case the learned Tribunal was justified in upholding the cancellation of assessments? (ii) Whether the facts and circumstances of the case did not warrant the setting aside of assessment instead of its cancellation? (iii) Whether a procedural deficiency in an assessment can justify cancellation of the assessment, thus depriving the State its otherwise due share of tax? 2. The assessee returned a loss for the assessment year 1987-88, 1988-89 and 1989-90 respectively at Rs.1,43,554, 1,69,315 and 1,97,423. Instead the assessments, were framed under section 62 of the late Income Tax Ordinance, 1979 respectively at Rs.2,00,981, 47,692 and 1,21,520. 3. Subsequently these assessments were reopened on the ground that the assessee had concealed certain receipts in the three years involved. On usual proceedings through…

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