The petitioner, an Income-tax Assessee, filed return for the year 1991-92 which was completed by the Income-tax Officer under section 62 of the Income Tax Ordinance, 1979 vide an order dated 8- 10-1991 (Annexure A). Some rectifications were later made on appeal by the Commissioner of Income-tax (Appeals) on 19-11-1991 vide an order (Annexure D). Against the said appellate order the respondent-Department filed an appeal which is stated to be pending before respondent No.3.
2. The grievance being made out in this writ petition is that on 24-6-1997, a notice under section 66-A of the Income Tax Ordinance, 1979 had been issued.
3. This writ petition was admitted to regular' hearing on 30-6-1997 and a notice was issued. On 6- 10-2000, the learned counsel for the respondent-Department put in appearance and a written statement was directed to be filed within two weeks. This written statement was filed on 10-11-2000.
I have examined the said written statement and I find that. The same is evasive and the said averment of the petitioner that the notice could not have been issued on 24-6-1997, has not been replied or explained.
4. The learned counsel for the petitioner contends that the proceedings under the said provision of law i.e. Section 66-A of the Income Tax Ordinance, 1979 cannot be commenced after expiry of four years from the date of the order sought to be revised. The learned counsel for the respondents, on the other hand, has tried to support the impugned notice.
5. The admitted facts of the case are that the Income tax Officer finalized the case on 6-11-1991 while the Commissioner passed the order on 19-11-1991. Notice dated 24-6-1997 (Annexure A) states that as to why the said order of the Income-tax Officer be not revised. Now I find that upon a plain reading of section 66-A of the said Ordinance, an order cannot be passed under subsection
(1) of section 66-A ibid after the expiry of four years from the date of the order sought to be revised much less that the proceedings can be commenced after the expiry of the said period. This being so, the impugned notice has been issued without lawful authority and is accordingly declared as such.
6. This writ petition accordingly is allowed and the impugned notice (Annexure H) of respondents is declared to be without lawful authority and of no legal effect.
7. No orders as to the costs. .