Law: Income Tax Ordinance, 1979

Section: 65,65(1),

Law: Constitution of Pakistan, 1973

Section: 199,

(a) Income Tax Ordinance (XXXI of 1979)---S.65---Definite information---Re-opening of assessment---Scope---Change of opinion of Income Tax Officer---Where assessee had disclosed all the material facts without concealment and the assessment had been consciously completed by the Income Tax Officer, in absence of discovery of any new fact, which could be treated as "definite information", there could not be any scope for re-opening of the assessment under S.65 of the Income tax Ordinance, 1979, on the grounds referred to in S.65(1)(a)(b) of the Ordinance---Neither any change of opinion on the basis of same material by Income Tax Officer would warrant pressing into service the provisions of S.65(1) of Income Tax Ordinance, 1979, nor circular from Board of Revenue would authorise the Income Tax Officer to reopen the assessment. Messrs Central Insurance Co. and others v. The Central Board of Revenue, Islamabad PLD 1990 SCMR 1232 rel. (b) Income Tax Ordinance (XXXI of 1979)--- ----S.65---Expression "definite information"---Connotation---Scope---Every information cannot be treated as basis for re-opening of the assessment but the information should be of the nature which should qualify as "definite information"---As such the expression cannot be given a universal meaning but the same has to be construed in given facts of each case. Messrs E.F.U. General Insurance Co. Limited v. The Federation of Pakistan and others PLD 1997 SC 700 rel. (c) Income Tax Ordinance (XXXI of 1979)--- ----S.65---Re-opening of assessment---Scope---Re-opening of assessment when not permissible---Requirement of law is that Income Tax Authorities should apply their mind consciously to the facts of the case as appearing on record---Once all the facts have been fully disclosed by the assessee and considered by the Income Tax Authorities and assessment has been consciously completed and no new fact has been discovered there can be no scope for interference with such concluded transactions under S.65 of Income Tax Ordinance, 1979 on the ground that the income chargeable to tax has escaped assessment or has been under assessed within the meaning of S.65(1)(a)(b) of Income Tax Ordinance, 1979. Messrs…

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