Law: Income Tax Ordinance, 1979

Section: 14(1),62,66A,136(2),SecondSched.Cl.(118D )

Income Tax Ordinance (XXXI of 1979) -- Ss.14(1), 66 A,136(2) & Second Sched. Cl. (118 D) Appeal-Assessment order, revision of Exemptions from tax for specified period Proof Assessee claimed exemption under Cl. (118 D.) of Second Sched. of Income Tax Ordinance, 1979 Documentary evidence produced by the assessee was not admitted by Inspecting Additional Commissioner under S.66 A of Income Tax Ordinance, 1979, and assessee was declared to be not eligible for exemption Order of assessment made by the Authorities was modified under S.66A of, Income Tax Ordinance, 1979, and the same was maintained by Income Tax Appellate Tribunal Validity Inspecting Additional Commissioner while initiating action under S.66 A of Income Tax Ordinance, 1979, solely relied upon documentary evidence which was directly or indirectly connected with the affairs of the assessee company while no explanation acceptable at law was offered From the fact emanating from the record it appeared that the Assessing Officer while framing assessment under S.62 of the Income Tax Ordinance, 1979 failed to make the requisite probe and to require the assessee to establish its claim for exemption -Revising Authority, accordingly with reference to the facts and documents on record was justified in holding that the assessee was in fact an existing undertaking and attempted to avail the concession merely by changing its name No question of law requiring answer by High Court had arisen from the order of the Income Tax Appellate Tribunal Issue that the assessee was entitled to exemption with reference to a question of fact could not be allowed to be converted into one of law by mere use of usual phraseology which was peculiar to the framing of question of law for a reference to High Court Appeal was dismissed in limine. JUDGMENT NASIM SIKANDAR, J. This further appeal under section 136(2) of the late Income Tax Ordinance, 1979 is directed against an order of the Income Tax Appellate Tribunal, dated 30 8 1999 whereby the finding recorded by the concerned IAC and the action taken by him under section 66 A of the said Ordinance were found to be sustainable in law. 2. Part 1 of the Second Schedule to the late…

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