Law: Income Tax Ordinance, 1979

Section: 13(1)(d),23,24(fff),24(c),50(1),62,62(1) ,111(1)(b),130(3),135,SecondSched.Cl(118 D),ThirdSched.,Rr.5&5B

(a) Income Tax Ordinance (XXXI of 1979)---S. 130(3)-Form of appeal and limitation---Sufficient cause for condonation of delay---Appeal against subsequent order under Ss. 62/135 of the Income Tax Ordinance, 1979 was not filed under the impression that the same was not warranted as the reference application before High Court in respect of order under S.62 of the Income Tax Ordinance, 1979 was pending---Delay condoned by the First Appellate Authority was upheld by the Appellate Tribunal as the assessee had shown reasonable cause for not filing the appeal in circumstances. Messrs Laser Praxis Depilex Clinic v. Customs, Central Excise and Sales Tax Appellate Tribunal 2002 PTD 549 rel. I.T.As. Nos. 1913 to 1915/LB of 1996-97; 1998 PTD (Trib.) 1951; Messrs Concord of India Insurance Co. Ltd, v. SMT. Nirmala Devi and others (.1979) 118 ITR 507; 158 ITR 75 (S.C.); Collector Land Acquisition v. Mst. Katiji and others (1987) 56 Tax 130; CIT v. Krud Sons Ltd. 1994 PTD 174; CIT v. Choudhri Brothers 1986 SCMR 443; Messrs Ayenbee (Pvt.) Ltd. v. ITAT 2002 PTD 407; Messrs PIMPA (Pvt.) Ltd. Karachi v. CIT 1994 PTD 123; MEJ Hazati and Sons v. CIT 1985 PTD 516; CIT v. Messrs Fateh Textile Mills, Hyderabad 1984 PTD 218; Messrs Printers Combine (Mercantile) Ltd., Karachi v. CIT 1984 PTD 276; S.M. Yousaf and Brothers v. CIT 1974 PTD 45; Messrs Barry Brothers v. CIT 2001 PTD 2612; 1998 PTD (Trib.) 2106; 1966 PTD (Trib.) 135 and 2005 PTD (Trib.) 1208 ref. (b) Income Tax Ordinance (XXXI of 1979)--- ----S. 62(1), proviso---Assessment on production of accounts, evidence etc.---Rejection of accounts---Original assessment made under S.62 of the Income Tax Ordinance, 1979 was set aside with the direction to point out specific defects in the books of accounts through notice under S.62 of the Income Tax Ordinance, 1979 as per requirement of law contained in proviso to S.62(1) of the Income Tax Ordinance, 1979---Despite this specific direction, the Assessing Officer had failed to point out any defect in the books of accounts---Though the notice was issued but it did not contain any specific defect in books of accounts---Not only books of accounts but vouchers were also produced which were…

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