2001 PTD 2874

ORDER

MUHAMMAD DAUD KHAN (ACCOUNTANT MEMBER).-- -As per these Miscellaneous Applications the assessee wants us to recall our orders in I.T.As. Nos.1606 and 424/KB of 1999-2000 (assessment years 1997-98. and '1998-99). Mr. Abdul Tahir, I.T.P. appeared for the applicant while Mr. Zaki Ahmed, D.R. represented the respondent department. We have heard both the parties to appeals and perused the impugned orders. The assessee had submitted applications to same effect for the years earlier also [M.A. (Rect.) Nos.298 and 299/KB of 2000-2001] but the same were rejected vide this Tribunal's order, dated 27-2-2001.. The learned A.R. stated that this order of the Tribunal was not appropriate since it was passed ex parte while the assessee had not received .any intimation regarding the hearing of its applications by the Tribunal. He reiterated the. pleas taken during the course of hearing to the effect that the assessee had not revised the return for the year 1997-98 showing an income of Rs.65,000 against the originally declared income of Rs.52,000 thus conceding concealment or under statement of income. However, he could not adduce any dependable evidence for the same. The matter is discussed in our order and we don't find any mistake rectifiable under section 156. D.R. defended the treatment meted out and stressed that section 156 was meant only to correct the mistake or error floating at the surface and not recalling the whole orders. The case relied upon by the assessee's A.R. is not strictly relevant to the issue in hand and even on the basis of figures' narrated by him during the course of hearing, the under statement of income by, the assessee in the returns filed under the Self-Assessment Schemes for the years is beyond any shadow of doubt. The matter is discussed in our order and assessee's A.R. has not been able to prove with positive material that the findings contained in our order are erroneous which require rectification under section 156. However, during the course of presentation of his applications he complained that the NA of 00.37 % directed to be applied in assessee's case is excessive which has caused extreme hardship to the assessee and stated that he will be satisfied in case the same is reduced to 00.25 % to 00.3 % . The facts of parallel case relied upon are not known to assessee and so the quantum of turn over in that case. No accounts are, kept. We therefore, direct that the assessee's -income be determined by applying net rate of 00.3 % which will yield incomes of Rs.265,338 and Rs.118,834 for the two years.

2. The rectification applications are accordingly disposed of.

C.M.A./M.A.K./98/Tax(Trib.) Application disposed of.