Law: Income Tax Ordinance, 1979

Section: 132,65,156,

(a) Income Tax Ordinance (XXXI of 1979)---S. 65---Additional assessment--" Definite information"---Information received by the Assessing Officer about discount, after the original assessment is a "definite information". (b) Income-tax--- ----Gross profit rate---Glass business---4% G.P. rate assessed against 2.38 % declared was reduced to 3.5 % by the Appellate Tribunal. (c) Income Tax Ordinance (XXXI of 1979)--- ----Ss. 156 & 132---Rectification of mistake---Appeal before Appellate Tribunal---Argument in respect of rectification made by First Appellate Authority---Validity---Argument that original order passed under S.132 of the Income Tax Ordinance, 1979 had been rectified under S.156 of the Ordinance and the Assessing Officer did not file appeal against the same had no validity because the original order under S.132 had been vacated by the Appellate Tribunal and the matter was remanded to the First Appellate Authority to decide the matter on the grounds taken by the assessee. THIS JUDGMENT DELIVERED BY S. HASAN IMAM (JUDICIAL MEMBER).---By this order we intend to decide appeal preferred by the assessee being aggrieved and dissatisfied with the impugned order, dated 14-10-2000 passed by the learned A.A.C. under section 132 of the Income Tax Ordinance, 1979. 2. The assessee has taken objection that the order of the learned A.A.C.(A) is bad in law, the discount disclosed by the assessee in the trading account as gross profit has not been considered and that the learned C.I.T(A) adopted the sales at Rs. 13,000,000 as against Rs. 12,400,000 taken by the DCIT with no reason thereof. 3. Further objection is taken to the order that the original order No. 204 under section 132 was rectified under section 156 against which no appeal was preferred whereby the department accepted the appellate order. 4. The facts reveal that the assessee an individual, deriving income from sale of glass on wholesale basis. The assessment for the assessment year 1996-97 was finalized under section 59(i) of the Income Tax Ordinance, 1979. Later on information collected from Messrs Shehra Sheet Glass Industries and Messrs Gunj Glass Works that the assessee has allowed discount of Rs.…

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