Law: Income Tax Ordinance, 1979

Section: 12,12(18),66A,59A&133(7)

Law: Constitution of Pakistan, 1973

Section: 189,201

(a) Income Tax Ordinance (XXXI of 1979)]......S. 66A Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order Issue not examined or settled by the Assessing Officer Re assessment by the Inspecting Additional Commissioner Validity Section 66 A of the Income Tax Ordinance, 1979 was not meant to make a fresh assessment on issues not examined or settled by the Assessing Officer in the assessment order. I.T.As. Nos. 156, 157, 158 and 167/IB of 1993 94 rel. Per Syed Masoodul Hassan Shah (Judicial Member); Muhammad Jahandar (Judicial Member) agreeing with different reasons (b) Income Tax Ordinance (XXXI of 1979) Ss. 12(18), 66 A, 59A & 133(7) Constitution of Pakistan, (1973), Arts. 189 & 201 Deemed income Addition Advance for house building and motor car Loan Assessees were directors of private limited company Assessments were finalized under S.59A of the Income Tax Ordinance, 1979 Advance received for house building and motor car by the assessees being directors/employees of the company was treated "loan" by the Inspecting Additional Commissioner who trade the addition of the same under S.12(18) of the Income Tax Ordinance. 1979 by invoking provision of S.66 A of the Income Tax Ordinance, 1979 Validity Tribunal had already decided the issue involving the present cases in the similar facts and circumstances and in similar situation of the assessees obtaining loans/advances from the same private limited company in the status of their directors/employees No distinction or distinguishing feature appeared in the facts and circumstances of the present appeals and the facts and circumstances of the earlier decided case Tribunal thus had to follow the dictum given in their earlier reported case Appellate Tribunal did not go into further details of the contentions of the assessees or to discuss the grounds of appeals of every assessee which were almost identical in every appeal -Tribunal followed its earlier findings given by Division Bench which had a binding effect in the similar set of circumstances and facts and accepted the appeals of the assessee by holding that the original assessment orders made were not erroneous and prejudicial to…

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