Law: Income Tax Ordinance, 1979

Section: 64,156(4),121,122(2)(4)

[Income Tax Ordinance (XXXI of 1979)]....Section 64...Completion of assessment process?Assessment order would be deemed to be made, when Assessing Officer assessed total income of assessee and determined tax payable thereon. 2002 PTD 2112, 1969 PCr.LJ 1307, 1988 SCMR 50, AIR 1966 SC 1313 and 1992 PTD 243 ref. (b) Income Tax Ordinance (XXXI of 1979)-----S. 156(4)...Period of four years, would be computed from date of service of order sought to be rectified. (c) Income Tax Ordinance (XLIX of 2001)---Ss. 121 & 122(2)(4)... General complaint against Assessing Officer of putting an earlier date on Assessment order... High Court emphasized on legislature to provide safeguard to assessees...Principles stated. ORDER MUHAMMAD MUNIR PERACHA, J.---This judgment shall dispose of Tax References Nos. 61, 66 and 67 of 2007. 2. The following questions of law have been framed by the petitioner:-- "Whether under the law and circumstances of the case the learned income tax appellate tribunal (hereinafter referred as ITAT) was justified in holding the order passed by the Taxation Officer is within time? Whether under the law and circumstance of the case the order passed within 30th June, 2005 but served after last date of limitation is hit by limitation as prescribed in section 64 of repealed Income Tax Ordinance, 1979 and order of ITAT is against the verdict of superior Court? Whether under the law and circumstance of the case the word "made" includes the service as given in section 64 of the repealed Ordinance, 1979? Whether a valid and enforceable order come into existence by only writing and service on the assessee is not essential within limitation provided in section 64 of the repealed Ordinance?" Whether under the law and circumstances of the case the ITAT was justified in holding that the entries in Register complete the process of assessment whereas the making of assessments includes calculation of income, calculation of tax, passing of order and service of order demand notice on assessee? Whether under the law the word "made" used in section 64 of the repealed Income Tax Ordinance, 1979 is synonyms to word "passed" used in section 156 of the repealed Income Tax…

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