Law: Income Tax Ordinance, 1979

Section: 62,80C&SecondSched,59

(a) Income Tax Ordinance (XXXI of 1979)----Ss. 62, 80C & Second Sched., Part-I, Cl. (118E)---Assessment on production of accounts evidence etc.---Exemption claimed was rejected on the ground that assessee was not engaged in manufacturing activities as the assessee could not provide E.O.B.I. and social, security record as .well as purchase vouchers and sale invoice---Proceedings were initiated under S.62 of the Income Tax Ordinance, 1979 and declared receipts were assessed to tax under S.80C of the Income Tax Ordinance, 1979---Validity---Assessing Officer had no lawful jurisdiction to suo motu convert the proceedings initiated under S.62 of the Income Tax Ordinance, 1979 to that of under S.80C of the Income Tax Ordinance, 1979 unless the proceedings under S.62 of the Income Tax Ordinance, 1979 were dropped at the first place---Assessment made was annulled by the Appellate Tribunal having not been lawfully made---Since exemption to income for the first time, was granted by the department, no justifiable reasons could be put forth while refusing the claim of exemption in the subsequent assessment years---Assessing Officer was directed to allow exemption. (b) Income Tax Ordinance (XXXI of 1979)--- ----Ss. 62 & 80C---Proceedings under S.62 of the Income Tax Ordinance, 1979 and those of under S.80C of the Income Tax Ordinance, 1979 were two distinct and independent proceedings---None of them could overlap or override each other until and unless the proceedings initiated under one section were to be closed. (c) Income Tax Ordinance (XXXI of 1979)--- ----Ss. 80C & 80CC---Presumptive Tax Regime---Explanation---Presumptive tax is, in fact, akin to capacity tax i.e. capacity to earn---Imposition of presumptive tax under Ss.80C and 80CC of the Income Tax Ordinance, 1979 was substituted of the normal method of levy and recovery of the income tax---Effect of a deeming provision in a taxing statute is that, it brings within the tax net an amount which ordinarily would not have been treated as an income, in other words, it brings within the ambit of chargeability some thing which might not actually accrue but which through a legal fiction shall be deemed to have…

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