Law: Income Tax Ordinance, 1979

Section: 156,66A(2),62

Income Tax Ordinance (XXXI of 1979)----Ss. 66-A(2), 62 & 156---Second Sched: Cl. (6-A)---Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---Rectification of mistake---Exemption---Limitation---Assessing Officer allowed exemption under Cl. (6-A) of the Second Sched. of the Income Tax Ordinance, 1979 by rectifying the original order passed under S.62 of the Income Tax Ordinance, 1979 which was not applicable in the case of assessee---Inspecting Additional Commissioner modified the order passed under S.156 of the Income Tax Ordinance, 1979 and income exempted was included in the income of the assessee---Assessee contended that order passed under S.66-A of the Income Tax Ordinance, 1979 was barred by limitation as the limitation started from the date of main order under S.62 of the Income Tax Ordinance, 1979 and not from the date of rectified order under S.156 of the Income Tax Ordinance, 1979---Validity---Contention of the assessee was generally correct but there were distinguishable features in the case, the relief on exemption of income was not granted in original assessments but was only granted in the order passed under S.156 of the Income Tax Ordinance, 1979 and actual grievance of the Department had come into being on the date of order passed under S.156 of the Income Tax Ordinance, 1979 by the Assessing Officer---Period of limitation will start from the date of rectified order---Normally the order passed under S.66-A would be within the period of four years of the main assessment order passed under S.62 of the Income Tax Ordinance, 1979 but where such order was silent on points, which were taken into the orders subsequent to order under S.62 of the Income Tax Ordinance, 1979 were passed by the Assessing Officer, may also be considered---Under S.156 of the Income Tax Ordinance, 1979, the changes could be brought in assessment orders which relate to creating new burden on the assessee or new relief to the assessee as the issues were not discussed in order under S.62 of the Income Tax Ordinance, 1979---Period of limitation provided under S.66A of the Income Tax Ordinance, 1979 would start from the new order passed under…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492