Law: Income Tax Ordinance, 1979

Section: 64,65,65(3A),65(1),66,66(1),111

(a) Income Tax Ordinance (XXXI of 1979)].....S. 65(3A) Additional assessment Limitation Assessment was annulled being time barred under S.65(3A) of the Income Tax Ordinance, 1979 by the First Appellate Authority without excluding period consumed in Constitutional petition before High Court Validity -Period consumed in Constitutional petition, from the date of filing of the same to the disposal by the High Court, was to be excluded while computing limitation under S.65(3A)of the Income Tax Ordinance, 1979 Period of limitation. available to Assessing Officer for making assessment under S.65(3A) of the Income Tax Ordinance., ,1979 would work out up to 30 6 2000 and assessment made on 28 6 19§9 was very much in time Appeal filed by Revenue was accepted and order passed by the First Appellate Authority was vacated by the Appellate Tribunal. (b) Income Tax Ordinance (XXXI of 1979) -- Ss. 66(1) & 65(3A) Limitation for assessment in certain cases -Revenue's contention that period of limitation for making the assessment under S.65 of the Income Tax Ordinance, 1979 should be determined under S.66(1) was not found convincing by the Appellate Tribunal -Since notice under S. 65 (1) of the Income Tax Ordinance, 1979 was issued and served on the assessee, so period of limitation would be governed under S.65 (3A) of the Income Tax Ordinance, 1979. (c) Income Tax Ordinance (XXXI of 1979) -- Ss. 66(1) & 65(3A) Limitation for assessment in certain cases -Section 66(1) of the Income Tax Ordinance, 1979 supersedes period of limitation in Ss. 64 & 65(3A) of the Income Tax Ordinance, 1979 but it does not supersede the period of limitation prescribed under S.65 (3A) of the Income Tax Ordinance, 1979 Section 66(1) of the Income Tax Ordinance, 1979 cannot be applied to the case of the assessee upon whom notice under S.65(1) of the Income Tax Ordinance, 1979 has been served and to whom limitation laid down under S.65(3A) has become applicable. (d) Income Tax Ordinance (XXXI of 1979) S.111 Penalty for concealment of income etc. Opportunity of being heard Order had been passed ex parte in absence of assessee and assessee's view point had not been heard Validity Assessing…

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