Law: Income Tax Ordinance, 1979

Section: 66,66A,156,59,59(1)

(a) Income Tax Ordinance (XXXI of 1979)---Ss. 156 & 66-A---Rectification of mistake---Application for rectification on the ground that Appellate Tribunal did not adjudicate upon the arguments advanced which drew the force from a of Appellate Tribunal---By exercising the powers of modifying the assessment order the Inspecting Additional Commissioner had passed the order---After revising the order the Inspecting Additional Commissioner could not subsequently invoke S.66-A of the Income Tax Ordinance, 1979 against its own assessment---Inspecting Additional Commissioner had become functus officio with no jurisdiction to cancel the assessment by setting aside the same---Validity--Matter referred was rectifiable under S.156 of the Income Tax Ordinance, 1979---Order was rectified by holding that order was beyond the jurisdiction of the Inspecting Additional Commissioner and thus was illegal, void ab initio which merited cancellation, thus, modifying earlier findings when the matter was remitted back to Inspecting Additional Commissioner---Assessment as finalized prior to invoking of S.66-A of the Income Tax Ordinance, 1979 was restored by the Appellate Tribunal. 2000 PTD (Trib.) 332 and 1997 PTD (Trib.) 879 rel. (b) Income Tax Ordinance (XXXI of 1979)--- ----S. 66-A---Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order---Setting aside of assessments already modified by the Inspecting Additional Commissioner himself was definitely illegal and had no legs to stand upon in the eye of law---Inspecting Additional Commissioner, after firstly modifying the assessment had lost the authority as well as jurisdiction under S.66-A of the Income Tax Ordinance, 1979. 2000 PTD (Trib.) 332 rel. ORDER Through this miscellaneous application for rectification it has been prayed that, this Tribunal's order, dated 15-1-2004 passed while disposing of I.T.A. No. 5293/LB of 2003 for assessment year, 1996-97 whereby the order under section 66A was remitted back to IAC may be rectified. By this application the attention of this Tribunal has been drawn to the fact that no findings have been recorded on a case-law quoted by the learned AR with a , citation as…

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