Law: Income Tax Ordinance, 1979

Section: 62,156

(a) Income Tax Ordinance (XXXI of 1979)----S. 156---Rectification of mistake ---Assessee contended that while adjudicating its appeal the arguments, reliances and the case-law had not been mentioned, discussed and adjudicated upon by the Tribunal which constitutes mistake apparent from record warranting recalling the earlier order and re-adjudicating the appeals---Validity---Mistake of non-mentioning of the order sheet entries in their true perspective and not instancing the arguments and the case-law were apparent on record---Such position had resulted into incomplete adjudication of grounds, arguments and reliances---Case-law relied upon by the assessee in respect of scope of rectification application was squarely applicable and when the grounds, arguments and reliances were not mentioned, discussed and adjudicated upon the order was rectifiable---Confirmation of rejection of book version had been made without examining the documents filed and submissions made which actuality had escaped the attention of Appellate Tribunal---Mistake of law had arisen in orders which was floating on the surface of the record and warranted remedial approach to issue under consideration---All the orders passed by the Appellate Tribunal were recalled to be heard afresh. 2002 PTD (Trib.) 1583; 1999 PTD (Trib.) 3892; 2003 PTD (Trib.) 625; 2000 PTD (Trib.) 2193; 1980 PTD (Trio.) 74; 2000 PTD (Trib.) 2157; 2000 PTD 2407 and 79 Tax 108 (Trib.) rel. (b) Income Tax Ordinance (XXXI of 1979)--- ----S. 62---Assessment on production of accounts, evidence etc.---Where books of accounts were produced in support of declared version same could not be discarded merely on account of history without pointing out the specific defects in the books of accounts. (c) Income Tax Ordinance (XXXI of 1979)--- ----S. 62---Assessment on production of accounts, evidence etc.---Notice under S.62 of the Income Tax Ordinance, 1979 was issued before production and examination of books of accounts---After examining the books of accounts no further notice under S.62 of the Income Tax Ordinance, 1979 was issued---In the given facts and circumstances the earlier notice became irrelevant and infructuous. 2003 PTD 625…

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