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ASSESSMENT
55. Return of total income.-(1) Every person,-
(a) whose total income or the total income of any other person, in respect of which he
is assessable under this Ordinance, for any income year (hereinafter referred to as the
'said income year') exceeds the maximum amount which is not chargeable to tax under this
Ordinance; or
(b) who has been charged to tax for any of the four income years immediately
preceding the said income year, or
59B. Assessment under the Simplified Procedure for Assessment.- (1) Where the
return of total income of an assessee, being an individual, an un-registered firm, a
registered firm, an association of persons or a Hindu undivided family, for
the income year relevant to the assessment year commencing on or after the first day of
July, 1988, and ending on or before the thirtieth day of
June, 1990, qualifies for acceptance in accordance with the provisions of a scheme of
Simplified Procedure for Assessment made by the Central Board of Revenue for that year; or
under any instructions or orders issued thereunder, the total income of the assessee shall
be assessed on the basis of the said return.
(2) After receipt of a return of total income referred to in sub-section (1), an
acknowledgment of its receipts, in the prescribed form, shall be issued by such income tax
authority subordinate to the Commissioner as may be authorised in this behalf by the
Commissioner.
(3) The acknowledgment referred to in sub-section (2) shall be deemed to be an order of
assessment in respect of the return of total income referred to in sub-section (1).
59C. Fixed Tax.- (1) Notwithstanding anything contained in this Ordinance, the
Central Board of Revenue, may make scheme or schemes of fixed tax or minimum fixed tax-
(a) for persons maintaining small establishments to carry on business or profession
whereunder an assessee may opt to pay fixed amount of tax without being required to
furnish a return of his total income under section 55 or 56 and receipt obtained
for payment of such tax shall deem to be an order of assessment under section 59A; [ ]
(b) for persons carrying on any business or profession in shopping centres and commercial
markets whereunder an assessee shall pay fixed amount of tax; and
(c) for
persons engaged in or carrying on any business or profession, whereunder an assessee may
be required to pay a minimum fixed amount of tax without being required to furnish a
return of his total income under section 55 or 56 and receipt obtained for payment of such
tax shall be deemed to be an order of assessment under section 59A.
(2) The scheme or schemes referred to in
sub-section (1) may provide for such classes of persons by whom fixed tax may become
payable, at such rates, and in such areas, as may be specified in the scheme.
(3) The Central Board of Revenue may, by notification in the official Gazette, make
provisions relating to the payment and collection of, or any other matter connected with
or incidental to, the fixed tax.
59D. Tax on undisclosed
income.- (1) Notwithstanding anything contained in this Ordinance, the Central Board
of Revenue may, make scheme of payment of tax in respect of undisclosed income.
(2) Where any person declares his undisclosed income in accordance with the scheme and the
rules the tax on such income shall be charged at such rate as may be
prescribed.
(3) Where a person has paid tax on his undisclosed income in accordance with the scheme
and the rules, he shall -
(a) be entitled to incorporate in his books of account such undisclosed income in tangible
form; and
(b) not be liable to pay any tax, charge, levy, penalty or prosecution in respect of such
income under this Ordinance.
(4) For the purpose of this section "undisclosed income" shall mean any income
(including any investment to be deemed as income under section 13 or any other deemed
income) for any year or years [--] which was chargeable to tax
but was not so charged.
59E. Fixed or minimum tax.-- Notwithstanding anything
contained in this Ordinance, the Central Board of Revenue, may make a scheme for the
payment of fixed or minimum tax by persons falling within section 3AA of the Sales Tax
Act, 1990,
60. Provisional
assessment.- Where no return of total income has been furnished by an assessee for any
income year, the Deputy Commissioner
may, by an order in writing made before any assessment is made under section 62, 63 or 65
assess provisionally the total income of the assessee and the tax payable by him on the
basis of the assessment, if any, made under any of the said sections or under section 59
or section 59A for the latest preceding assessment year.
60A. Provisional
assessment in certain cases.- Where a concealed assets of any person [ ] is impounded by any department or agency of the Federal or
Provincial Government, the Deputy Commissioner may, at any
time, by an order in writing before making any assessment under section 62, 63 or 65,
assess provisionally the total income of such person and the tax payable by him on the
basis of the assessment:
Provided that proceedings under this section shall not be initiated without prior
permission in writing of the Commissioner.
Explanation.- For the purpose of this section, "concealed asset" means any
property or asset which, in the opinion of the Deputy
Commissioner, was acquired from any income liable to tax.
61. Notice
for production of books of account, etc.- The Deputy
Commissioner may serve upon any person who has furnished a return of total income for
any income year, or upon whom a notice has been served to furnish such return, a notice
requiring him on a date specified therein, to attend at the Deputy
Commissioner's office or to produce, or cause to be produced, any evidence on which
such person may rely in support of the return, if furnished and such accounts, documents
or evidence (including accounts or documents) relating to any period prior or subsequent
to the said income year) as the Deputy Commissioner may
require:
Provided that the Deputy Commissioner shall not require the
production of any accounts relating to a period more than three years prior to the income
year.
61A. Utilisation of certain
information:- The value of stock-in-trade determined or any other information
obtained or collected during survey of any business or profession, carried out under the
Survey for Documentation of National Economy Ordinance, 2000, may be used for purposes of
assessment or re-assessment of total income of the income year during which the said
survey is carried out and any preceding income year not being earlier than the income year
ending 30th day of Jun,e 2000, unless there is sufficient evidence provided by the assess
to show that the value of stock-in-trade or other information as aforesaid was
substantially different in respect of the preceding income year as aforesaid.
62. Assessment
on production of accounts, evidence, etc.- (1) The Deputy
Commissioner, after considering the evidence on record (including evidence, if any,
produced under section 61) and such other evidence as the Deputy
Commissioner may require, on specific points, shall, by an order in writing, assess
the total income of the assessee and determine the tax payable by him on the
basis of such assessment :
Provided that where the assessee produces
books of account as evidence in support of the return, the Deputy Commissioner shall,
before disagreeing with such accounts, give a notice to the assessee of the defects in the
accounts and provide an opportunity to the assessee to explain his point of view about
such defects and record such explanation and the basis of computation of total income of
the assessee in the assessment order.
(2) Where a person is authorised by the Central Board of Revenue under
section 7 to assist the Deputy Commissioner in making an
assessment and the Deputy Commissioner disagrees with the
opinion of such person on any point concerning assessment, the Deputy
Commissioner shall record, in the order under sub-section (1), the opinion of such
person and the reason for his disagreement with such opinion.
62A. Assessment
after appellate decision.- Where an assessment or re-assessment or any order made
under this Ordinance, has been annulled, set aside, cancelled or modified, the
proceedings may commence from the stage next preceding the stage at which such annulment,
setting aside, cancellation or modification took place and nothing contained in this
Ordinance shall render necessary the re-issue of any notice which had already been issued
or the re-furnishing or re-filing of any return, statement, or other particulars which had
already been furnished or filed, as the case may be.
62B. In
making any assessment for the year beginning on the first day of July, 1995, the 'income
year' shall be deemed to include the period, if any comprised in the 'income year' as
defined in the repealed clause (b) of sub-section (26) of section 2, for which the
assessment would have been made if the said clause had not been repealed and where such
income year exceeds a period of twelve months, the total income and the tax payable shall
be prorated on the basis of the average income of a period of twelve months.
62C. Powers of tax authorities to
modify orders, etc. - (1) Where a question of law
has been decided by a High Court or the Appellate Tribunal, the Deputy Commissioner of
Income Tax may notwithstanding that the commissioner has filed an appeal against the
decision of the High Court or of the Appellate Tribunal, as the case may be, follow the
said decision so far as it applies to an identical question arising in any case pending
before him until the decision of the High Court or of the Appellate Tribunal is reserved
or modified subsequently:
Provided that the assesses makes an application before the Deputy Commissioner of Income
Tax that an identical question of law has arisen in his case and makes a declaration that
if the decision is reversed or modified by the High Court or the Supreme Court, he shall
not file any appeal against such order.
(2) In case the High Court or Appellate Tribunal's order referred to is sub-section (1) is
reversed or modified subsequently, the deputy Commissioner of Income Tax may,
notwithstanding the expiry of period of limitation prescribed for making any assessment or
order, within a period of six
months
from the date of receipt of decision, modify the assessment or order so that it conforms
to the final decision.
63. Best judgment assessment.- Where any person-
(a) fails to furnish a return of total income required to be furnished by him under
section 56, sub-section (3) of section 72 or sub-section (3) of section 81; or
(b) fails to comply with any of the terms of a notice issued under sections
58 [ ] or 61,
the Deputy Commissioner may, by an order in
writing, assess the total income of the assessee to the best of his judgment and determine
the amount of tax payable by him.
64. Limitation
for assessment.- (1) No assessment under section, 59A,
section 62 or section 63 shall be made after the expiration of two years from the end of
the assessment year in which the total income was first assessable.
(2) Notwithstanding anything contained in sub-section (1), where a return of
total income [ ] has been filed after the end of the financial year in which the last date of filing of such return
specified in section 55 falls, no assessment under section 59A, section 62 or section 63 shall be made after the
expiration of two years from the end of the financial year in which the said return is
filed.
(3) Notwithstanding anything contained in sub-section (1), where, for any income year, an
assessee has failed to furnish the return of total income, no assessment under section 62
or section 63 shall be made after the expiration of two years from the end of the
financial year in which notice under section 56, sub-section (3) of section 72 or
sub-section (3) of section 81, as the case may be, was served.
65. Additional assessment.- (1) If, in any year, for any reason,-
(a) any income chargeable to tax under this Ordinance has escaped assessment; or
(b) the total income of an assessee has been under assessed, or assessed at too low a
rate, or has been the subject of excessive relief or refund under this ordinance; or
(c) the total income of an assessee and the
tax payable by him has been assessed or determined under sub-section (1) of section 59 or
section 59A or deemed to have been so assessed or determined under sub-section (1) of
section 59 or section 59A,
the Deputy Commissioner may, at any time,
subject to the provisions of sub-sections(2), (3) and (4), issue a notice to the assessee containing all or any of the requirements of a notice under
section 56 [ ] and may proceed to assess or determine, by an
order in writing, the total income of the assessee or the tax payable by him, as the case
may be, and all the provisions of this Ordinance shall, so far as may be, apply
accordingly:
Provided that the tax shall be charged at the rate or rates applicable to the assessment
year for which the assessment is made.
(2) No proceedings under sub-section (1) shall be initiated unless definite information
has come into the possession of the Deputy
Commissioner and he has obtained the previous approval of
the Inspecting Additional Commissioner of Income Tax in
writing to do so.
Explanation.- As used in this sub-section,
"definite information" includes information in respect of sales and purchases,
made by the assessee, of any goods, and any information regarding acquisition, possession
or transfer, by the assessee, of any money, asset or valuable article, or any investment
made or expenditure incurred by him.
(3) Notice under sub-section (1), in
respect of any income year, may be issued within ten years from the end of the assessment year in which the total income of the said income year was first
assessable :
Provided that, where the said notice is
issued on or after the first day of July, 1987, this sub-section shall have effect as if
for the words "ten years" the words "five years" were substituted.
(3A) Where a notice under sub-section (1)
is issued on or after the first day of July, 1982, no order under the said sub-section
shall be made after the expiration of one year from the end of the financial year in which
such notice was served.
[(4)]
66. Limitation for assessment in certain cases.- (1) Notwithstanding
anything contained in section 64 and sub-section (3) of section 65 where in
consequence of, or to give effect to, any finding or direction contained in any order made
under this Chapter or Chapter VIII, XIII or XIV or any order made by any High Court or the
Supreme Court of Pakistan in exercise of its original or appellate jurisdiction,-
(a) an assessment is to be made on any firm or a partner of any firm; or
(b) an assessment is to be made on the assessee or any other person; or
(c) an assessment has been set aside, in full or in part, by an order under section 132 or
section 135 and no appeal is filed under section 134 against such order or
no appeal filed under section 136 in respect thereof,
as the case may be,
such assessment may be made at any time within two years in any case to which clause (a)
or clause (b) applies, and within one year in any case to which clause (c) applies, from
the end of the financial year in which such order is received by the Deputy Commissioner.
(2) Where, by any such order, as is referred to in sub-section (1), any income is
excluded-
(i) from the total Income of the assessee for any year and held to be the income of
another year;
(ii) from the total income of one person and held to be the income of another persons,
the assessment of such income as income of another income year or of another person, as
the case may be, shall, for the purposes of the said sub-section, be deemed to be an
assessment made in consequence of, or to give effect to, a finding or direction contained
in such order.
(3) Notwithstanding anything contained in this Ordinance, where the ownership of any
property the income from which is chargeable under this Ordinance is in dispute in any
Civil Court in Pakistan, the assessment on any person in respect of such income may be
made at any time within one year of the end of the financial year in which the decision of
such Court is brought, or otherwise comes, to the notice of the Deputy Commissioner.
66A. Powers of Inspecting
Additional Commissioner to revise Deputy Commissioner's order.- (1) The Inspecting Additional Commissioner may call for and examine the record of
any proceedings under this Ordinance, and if he considers that any order passed therein by
the Deputy Commissioner is erroneous in so far as it is
prejudicial to the interests of revenue, he may, after giving the assessee an opportunity
of being heard and after making, or causing to be made, such enquiry as he deems
necessary, pass such order thereon as the circumstances of the case justify, including an
order enhancing or modifying the assessment, or cancelling the assessment and directing a
fresh assessment to be made.
(1A) The provisions of sub-section (1)
shall, in like manner, apply,-
(a) where an appeal has been filed under sections 129, 134 and 137, or an appeal has been filed under section 136, against
an order passed by the Deputy Commissioner;. And
(b) where an appeal [ ] referred to in
clause (a) has been decided, in respect of any point or issue which was not the subject
matter of such appeal [ ].
(2) No order under sub-section (1) shall be made after the expiry of four years from the
date of the order sought to be revised.
Explanation.- For the purpose of this
section, an order prejudicial to the interests of revenue shall include an order passed
without lawful jurisdiction.
67. Reference to valuers.- (1) Where, in the course of any assessment proceedings, the Deputy Commissioner
is of the opinion that the value of any capital asset shown in any return, statement or
other document furnished by an assessee is not correct, he may, either on an application
by the assessee or otherwise, refer the matter to a valuer or valuers for ascertaining the
proper value of such asset.
(2) Nothing contained in sub-section (1) shall be so construed as to make it obligatory on
the Deputy Commissioner to make a reference to a valuer or
valuers, as the case may be, or to adopt the value as determined by any valuer or valuers.
(3) The Central Board of Revenue may make rules to give effect to the provisions of this
section and t$ provide for any matter connected with, or incidental to, the operation of
this section.
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