Law: Income Tax Ordinance, 1979

Section: 12,12(18),66,66A,136,136(1)

(a) Income Tax Ordinance (XXXI of 1979)----S.136(1)---Order of Appellate Tribunal and Revising Authority remanding matter for fresh probe after setting aside assessment---Validity---No question would arise out of such order as consideration of facts of the case and a ruling thereupon by High Court would be out of place. (b) Income Tax Ordinance (XXXI of 1979)--- ----Ss.12(18) & 66-A---Increase in Company Directors' loan---Assessing Officer accepted such increase without requiring assessee-company to produce relevant evidence---Revisional Authority set aside assessment and remanded matter for fresh probe---Validity---Assessee had submitted only loan accounts of Directors reflecting accumulated figures of debit and credit---Such consolidated figures would not spell out either mode of payment or account on which payments had been made by Directors and credited to their accounts in the books of company---Amount credited in Directors' account in respect of sale of property, thus, needed to be examined as before Assessing Officer only copy of agreement to sell was submitted---Failure of Assessing Officer to require and examine documents in support of claimed increase in directors' loan was erroneous as well as prejudicial to the interest of Revenue---Such failure was sufficient for Revising Authority to invoke provisions of S.66-A of Income Tax Ordinance, 1979. Commissioner of Income Tax v. Kanda Rice Mills (1989) 178 ITR 446 and Commissioner of Income Tax, Faisalabad v. Mst. Ghulam Fatima Gojra 1993 PTD 1104 distinguished. (c) Words and phrases--- ----"Change of opinion" and "difference of opinion"---Distinction stated. The phrases of "change of opinion" and "difference of opinion" are two different things. A change of opinion pre-supposes the making of an order by the same person' or at best by the authority. On the other hand, a difference of opinion pre-supposes holding of two different opinions by different persons. A change of opinion on the part of an officer or authority may be objectionable, but the difference of opinion between the two officers or authorities even of equal status cannot be objected to. (d) Income Tax Ordinance (XXXI of 1979)--- ----S.…

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