Law: Income Tax Ordinance, 1979

Section: 61,62,65,80C

(a) Income Tax Ordinance (XXXI of 1979)]....Ss. 80 C, 61 & 62 Presumptive tax regime Entirely different from normal assessment of tax Neither any total income is computed nor any expenses are allowed in such regime, rather entire sales are deemed to be income, on which fixed tax is recovered No concept of probe, inquiry or proceedings in such regime, thus, question of issuance of notice under Ss.61 & 62 of the Ordinance would not arise. (b) Income Tax Ordinance (XXXI of 1979) Ss.80 C, 65, 61 & 62 Presumptive tax regime Re opening of assessment Issuance of notice to assessee under Ss. 61 & 62 of the Ordinance Requirement of Assessee did not opt to appear and file return before Assessing Officer after having been served with notice for re opening of assessment, but only addressed letter to Deputy Commissioner of Income tax Assessing, Officer proceeded to finalise assessment under S.80 C of the Ordinance Validity Assessee had disentitled himself from benefit, which he could have availed by making compliance of notice issued to him by Assessing Officer, who had no option but to finalize assessment in absence of assessee No body could be allowed to take advantage of his wrong Where assessment had been finalized under S.80 C of the Ordinance, the question of issuance of notice under Ss.61 & 62 of the Ordinance would not arise No substantial question of law requiring any consideration or interpretation by High Court had been raised High Court dismissed appeal in limine. (c) Practice and procedure No body could be allowed to take advantage of his own wrong. ORDER In this appeal under section 136(1) of the Income Tax Ordinance, 1979, the appellant has proposed the following questions for our consideration: (i) Whether on the facts and the circumstances of the case, the Hon'ble Income tax Appellate Tribunal was justified in maintaining the reopening of assessment under section 65 when the order of the Deputy. Commissioner of Income tax had merged with the order of the Income tax Appellate Tribunal? (ii) Whether on the facts and in the circumstances of the case, the Hon'ble Tribunal was justified in maintaining the reopening of assessment under section…

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