Law: Income Tax Ordinance, 1979

Section: 59,.59(1B),66A,136(1),156

Income Tax Ordinance (XXXI of 1979)---Ss. 59(1-B), 66-A, 136(1) (as amended) & 156---Appeal before High Court---Question of law---Revising of assessment---Dispute was with regard to investment made by the assessee in a house constructed by him---Assessment finalized by the authorities was revised in exercise of powers under S.66-A- of the Income Tax Ordinance, 1979---Appellate Tribunal cancelled the order passed under S.66-A of the Income Tax Ordinance, 1979, on the -round that the order framed under S.59(1) of the Income Tax Ordinance, 1979, was not prejudicial to the interest of the Revenue and as the Assessing Officer had taken note of the investments claimed by the assessee ,in the property, it could not be said that the required probe into these sources had not been made---Validity---Where the Tribunal, had recorded a finding of fact that order under S.66-A of the Income Tax Ordinance, 1979, was not justified, question raised by the authorities did not constitute any legal controversy to be resolved by High Court under S.136(1) (as amended) of the Income Tax Ordinance, 1979---Appeal was dismissed in liming. ORDER NASEEM SIKANDAR, J.----The assessee in this further appeal under section 136(1) (since amended) is an-individual and a partner of a firm namely Saeed Akhtar & Company, Lahore. For the assessment year 1990-91 his returned income at Rs.41,000 was accepted under section 59(b) of the Income Tax Ordinance, 1979. However, that order was rectified under section 156 of the Ordinance correcting the returned income to Rs.52,936. While making the order of rectification on 16-9-1991 the Assessing Officer also noted that the petitioner had partly constructed a house in Allama Iqbal Town, Lahore. The investment made therein was found to have been properly documented. 2. Subsequently, the revising authority proceeded to cancel the assessment and to direct framing of a fresh assessment on the ground that earlier assessment order under section 59(1) of the Ordinance was erroneous and prejudicial to the interest of the Revenue inasmuch as the Assessing Officer failed to…

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