Law: Income Tax Ordinance, 1979

Section: 66,66A,59A

Income Tax Ordinance (XXXI of 1979)---Ss. 66-A & 59-A---Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---Assessment on the basis of return--Self-Assessment Scheme---Non-filing of wealth statement--­Effect---Assessment by operation of law---Cancellation of assessment under S.66-A of the Income Tax Ordinance, 1979 for de novo assessment as condition precedent of filing of wealth statement had not been fulfilled---Return filed should have been processed under normal: law---Action under S.59-A by the Assessing Officer was thus erroneous insofar as it was prejudicial to the interest of Revenue ---Validity---Non­observance of the terms and conditions of. the Self-Assessment Scheme under S.66-A, Income Tax Ordinance, 1979 was not sustainable for the reasons that limitation for any action under S. 59-A had expired on 30-6-1992; obligation on the part of Assessing Officer in terms of para. 3, Circular No.22 of 1991-92 was not discharged and Assessing Officer on his own dislodged the requirement of wealth statement by accepting return under S.59-A of the Income Tax Ordinance, 1979--­Order under S.66-A of the Income Tax Ordinance, 1979 was declared without jurisdiction by the Tribunal in circumstances. 1986 PTD (Trib.) 790; 1988 PTD 16; 1986 PTD 843 and 1988 PTD (Trib.) 987 rel. ORDER IMTIAZ ANJUM (ACCOUNTANT MEMBER).---This appeal by appellant/assessee an individual has been filed contesting order under section 66A being against law and facts of the case. The impugned order has further been assailed on the ground that submissions made in response to show-cause notice have not been properly appreciated by the I.A.C. The impugned order in any case has been objected on the plea that, order under section 59A has not been proved to be prejudicial/ erroneous inasmuch as to be against the interest of Revenue. 2. The facts briefly are that appellant individual filed return as- a new assessee on 31-8-1991 under SAS which as far as Assessing Authority is concerned was accepted under section 59A on 5-6-1994 almost after 3 years. Later on, I.A.C. noticed that return filed under S.A.S. did not qualify for acceptance as the condition preceded of…

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