Law: Income Tax Ordinance, 1979

Section: 156

(a) Income Tax Ordinance (XXXI of 1979)--S.156-Rectification of mistake---Un-adjudicated ground of appeal--Mistake apparent on the face of record---Since the grounds taken up by the assessee on the issue of gross profit rate remained unadjudicated, the Appellate Tribunal committed a mistake which could be treated as `mistake apparent on the face of record'---Miscellaneous application of the assessee was accepted and earlier order on the issue of gross profit rate was recalled by the Appellate Tribunal. (b) Income-tax--- ----Gross profit rate---Rejection of accounts---Parallel cases---While rejecting declared version no plausible reasons were given by the Assessing Officer---Citations of parallel cases was not in accordance with law for the reason that in parallel cases cited by the assessee in the same locality were not taken into account at all and Assessing Authority proceeded to rely upon the cases of units located at other cities, which were not parallel in stricto sensu---Rejection of declared version and the resultant application of gross profit rate was not in consonance with law---Order of First Appellate Authority was vacated by the Appellate Tribunal and Assessing Officer was directed to accept the declared gross profit rate. 1998 PTD (Trib.) 2106; 2002 PTD 407; 1985 PTD 516; 1984 PTD 150; 2009 PTD (Trib.) 838; 1994 PTD 123; 2003 PTD (Trib.) 1972 and, 2001 PTD (Trib.) 1972 ref. THIS ORDER PASSED BY: SYED NADEEM SAQLAIN, (JUDICIAL MEMBER).---Titled miscellaneous applications bearing M.As. Nos. 451 to 455/LB/08 for the assessment years 1997-98, 1998-99, 2000-2001, 2001-2002 and 2002-2003 have been filed seeking rectification in the consolidated judgment passed by the Tribunal vide order, dated 13-4-2006 in I.T.A. Nos. 7029, 7030, 5072/LB/OS, 5156, 5462/LB/03 and 1031 and 1039/LB/04. The assessee also filed miscellaneous applications for all the assessment years under consideration with the request that the same may be allowed to submit amended grounds since the grounds in the original miscellaneous applications were argumentative and repetitive. 2. The facts in brief are that the assessments for the years under consideration were finalized under section…

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