Law: Income Tax Ordinance, 1979

Section: 59,66A&59(1)

Income Tax Ordinance (XXXI of 1979)]......Ss. 66 A & 59(1) Powers of Inspecting Additional Commissioner to revise Deputy Commissioners order Assessment finalized under Self -Assessment Scheme without issuance of any formal order was cancelled by the Inspecting Additional Commissioner on the ground that declared income was leis than the income assessed in the preceding assessment year Validity Assessment was framed under S.59(1) of the Income Tax Ordinance, 1979 by the Assessing Officer using a cycle styled pro forma and that too was not properly filled in and was left absolutely blank Provisions of S.59(1) of the Income Tax Ordinance, 1979 had provided that there must be an assessment which could not be made without conscious application of mind Older must be in writing in sequel to the assessment order, the tax due, if any, must also be determined In absence of such finding no order could be treated a proper/legal order Inspecting Additional Commissioner having wrongly invoked S.66 A of the Income Tax Ordinance, 1979 his order was vacated and that passed under S.59(1) of the Income Tax Ordinance, 1979 was restored by the Appellate Tribunal. 2002 PTD (Trib.) 1949; 1975 PTD (Trib.) 27; (1967) 16 Tax 119 and 1987 PTD (Trib.) 129 rep. ORDER SYED NADEEM SAQLAIN (JUDICIAL MEMBER). Titled appeal at the behest of the assessee for the assessment year 2000 2001 has been filed against the impugned order, dated 8 9 2001 passed by the learned IAC, Range 1, Lahore. The sole ground of the assessee is that the learned IAC was not justified to invoke section 66A of the Income Tax Ordinance, 1979 (hereinafter called the Repealed Ordinance). 2. Briefly stated the facts of the case are that the assessee is an individual derives income from retail sales of ready made garments. Assessee filed return declaring income of Rs. 1,95,300 which was accepted under section 59(1) of the Repealed Ordinance. Subsequently, on examination of assessment record, the learned IAC observed that the case of the assessee was erroneously accepted under the Self Assessment Scheme since declared income is less than the income assessed in the preceding assessment year. The learned IAC holding the…

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