Law: Income Tax Ordinance, 1979

Section: 66A,59(1),80D,FirstSched.,ParaIV,Cl.2(b)

income Tax Ordinance (XXXI of 1979)--- ----Ss. 66-A, 59(1), 80-D & First Sched., Para IV, Cl.2(b)---C.B.R. Circular No.16 of 1999, dated 11-9-1999, Para 2(b)(iv)---Self--assessment---Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---Super tax---Registered firm of professional/medical practitioners---Non-payment of super tax---Cancellation of assessment finalized under S.59(1) of the Income Tax Ordinance, 1979---Validity---Deletion of super tax by the First Appellate Authority was upheld holding that being a registered firm of professional/medical practitioners it fulfilled the condition of para. 2(B) of Part IV of the First Schedule to the Income Tax Ordinance, 1979---Basis indicated by the revisional authority did not hold the field and, jurisdiction under S.66-A of the Income Tax Ordinance, 1979 was not lawfully assumed---Order passed by the Inspecting Additional Commissioner was vacated and original assessment order was restored by the Appellate Tribunal. The Law Lexicon with Legal Maxims and Words and Phrases ref. ORDER This appeal by appellant registered firm deriving income from running a hospital is directed against order, dated 19-2-2000 passed under section 66A by IAC Income-tax/Wealth Tax, Range-IV; Multan on the grounds that inferences drawn and conclusions arrived at are against the facts of the case inasmuch as that JAC was not justified in holding that a firm which consisted of medical professionals/practitioners (doctors) is liable to super tax. 2. Relevant facts briefly are that return was filed declaring income of Rs.214771 under SAS. Tax was paid under section 80D. Assessment was finalized under section 59(1) of the Income Tax Ordinance, 1979 (hereinafter mentioned the Ordinance). Later on, on inspection of the file IAC found the completed assessment under section 59(1) without satisfying/justifying mandatory provisions of law as well as Self-Assessment Scheme erroneous in so far it was prejudicial to the interest of Revenue. A show-cause notice, dated 18-1-2002 was issued confronting the appellant that on declared income instead of paying super tax minimum tax liability was made under section 80D as per…

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