Case Details

Citation(s)
2004 SLG 165 2004 SLD 165 2004 PTD 826 (2003) 88 TAX 130
Appellate Tribunal Inland Revenue
I.T.As. Nos. 3353/LB to 3355/LB of 1999, decision dated: 30-05-2003, hearing DATE : 3rd May, 2003
RASHEED AHMAD SHEIKH, JUDICIAL MEMBER AND AMJAD ALI RANJHA, ACCOUNTANT MEMBER
M.M. Akram for Appellant. Nemo for
Respondent

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Law: Income Tax Ordinance, 1979

Section: 66A

(a) Income Tax Ordinance (XXXI of 1979)------S. 66 A---Powers of Inspecting Additional Commissioner to revise Deputy Commissioners order Limitation for invocation of S.66 A of the Income Tax Ordinance, 1979 would run from the date of passing the order by the Assessing Officer and not from the date of issuance of show cause notice by the Inspecting Additional Commissioner. (b) Income Tax Ordinance (XXXI of 1979) S. 66 A Powers of Inspecting Additional Commissioner to revise Deputy Commissioners order Limitation Inspecting Additional Commissioner found that limitation for invoking S.66 A of the Income Tax Ordinance, 1979 would run from the date of issuance of first show¬-cause notice under S.66 A of the Income Tax Ordinance, 1979 ¬Validity Assessment under S.62 of the Income Tax Ordinance, 1979 was formulated on 24 11 1995 Limitation for invoking the provisions of S.66 A of the Income Tax Ordinance, 1979 would be counted from the said date Order passed under S.66 A of the Income Tax Ordinance, 1979 cancelling the assessment was made on 12 5 1999 Order had been passed by the Inspecting Additional Commissioner after lapse of four years three months and 18 days whereas that should have been made within four years from the date of passing the order under S.62 of the Income Tax Ordinance, 1979 which date fell on 24 1 1999 and not on 12 5 1999 Action of the Inspecting Additional Commissioner under S.66 A of the Income Tax Ordinance, 1979 was grossly hit by laches ¬Inspecting Additional Commissioner had jostled the assessee into a chain of litigation having no fault on his part Order passed under S.66 A of the Income Tax Ordinance, 1979 was without lawful authority and the same was declared to be of no legal effect by the Appellate Tribunal. (c) Income Tax Ordinance (XXXI of 1979) S. 66 A Powers of Inspecting Additional Commissioner to revise Deputy Commissioners order Modification Directions Assessment was cancelled Assessment was neither modified by the Inspecting Additional Commissioner nor direction was given to Assessing Officer to make a fresh assessment Validity Once any order or the assessment order passed by the Assessing Officer was cancelled by the Inspecting…
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