Law: Income Tax Ordinance, 1979

Section: 59,59(1),55,80,80D

(a) Income Tax Ordinance (XXXI of 1979).....Ss. 59(1) & 80D Self Assessment Assessment year 1999 2000 -Income Total income Loss was declared by carrying forward of losses of previous years Return was claimed to be qualified under Universal Self Assessment Scheme on the ground that assessee had paid minimum tax under S. 80D of the income Tax Ordinance, 1979 more than 30% of the last tax paid Para.2(b) of the Self Assessment Scheme for the year 1999 2000 required the declaration of income and not total income which the assessee did Validity After adjusting the income for the year from the business loss, being brought forward from the preceding year, the resultant income declared worked out to be a loss -Bar of scheme that cases where loss had been shown were not entitled to be processed under Self Assessment Scheme was applicable and the assessee's claim of his case for being processed under Universal Self--Assessment Scheme was not tenable. (b) Income Tax Ordinance (XXXI of 1979) Ss. 55 & 59(1) Return of total income Self Assessment Scheme -Total income Income of a year Chapter VII of the Income Tax Ordinance, 1979 regulates the assessment required under S.55 to file a return of the total income which implied the computation of income in accordance with the different provisions of the Income Tax Ordinance, 1979 Section 55 of the Income Tax Ordinance, 1979 provided that the return was to be filed of total income and not that of income of a year. (c) Income Tax Ordinance (XXXI of 1979) S. 59(1) Self assessment Universal Self Assessment Scheme for the assessment year 1999 2000 Held, Scheme as framed by Central Board of Revenue in exercise of powers under S.59(1) of the Income Tax Ordinance, 1979 could not be deemed that by using the word income it had overridden the provisions of the Income Tax Ordinance, 1979 where filing of return of total income was the requirement and not that of income of that year regardless of the necessary deductions of expenses and adjustment of losses. ORDER MUHAMMAD JAHANDAR (JUDICIAL MEMBER). The assessee being a private limited company deriving income from sale and extraction of coal filed return for the years under…

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