Law: Income Tax Ordinance, 1979

Section: 59(1),59(4),59(c),155

Income Tax Ordinance (XXXI of 1979)-----S. 59(4) &c (55)----Self-assessment---Limitation--Assessment after limitation---Assessment was framed on 30-6-1997 pertaining to the assessment year 1993-94 while the assessment with regard to the assessment year 1994-95 was completed on 25-6-2000---Validity---Admittedly returns were filed under the Self-Assessment Scheme---Assessments were supposed to be completed on or before 30-6-1994 and 30-6-1996 Assessing Officer did not follow the procedure envisaged by the law and proceeded to, complete assessments under normal law much later than the stipulated time---Section 59(4) of the Income Tax Ordinance 1979 was clear or, the issue that order under S.59(1) of the Income Tax Ordinance, 1979 shall be deemed to have been passed on- such date---If no formal order was passed assessment would be considered to be completed by operation of law on such date i.e. by the thirtieth date of June of the financial, year next following the income year in respect of which a return of total income had been furnished---Assessments framed by the Assessing Officer were time barred and the same were directed to be cancelled---Returns filed by the assessee under Self- Assessment Scheme were therefore, restored by the Appellate Tribunal. 1993 PTD 332 and 1993 PTD (Trib.) 1421 rel. ORDER SYED NADEEM SAQLAIN (JUDICIAL MEMBER).---The appeals bearing I.T.A. Nos. 44/LB of 2000 and 1783/LB of 2001 for the assessment years 1993-94 and 1994-95 have been directed against two separate impugned orders passed by the learned CIT(A), Faisalabad. The common ground which has been agitated is that both the assessments framed were time-barred. The additional ground with regard to the business income, agricultural income and property income as being excessive has also been taken. 2. The assessee in the instant case is an individual deriving income from finishing and dyeing of cloth beside earning income from property and agriculture. The assessee filed returns under self-assessment scheme. The learned Assessing Officer excluded the return from the purview of self-assessment scheme for the reason that the assessee failed to disclose property income as well as…

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