Law: Income Tax Act, 1961

Section: 13(1)(a),13(1)(b),13(1)(C)

Law: Income Tax Act, 1961

Section: 13(1)(a),13(1)(b),13(1)(C)

Income Tax Ordinance, 1979 -- Sections 13(1)(a) to 13(1)(c) -- Addition -- Exercise of jurisdiction without approval of I.A.C. -- Validity -- Income Tax officer picked up unexplained credit in the books of accounts of company -- Such credit did not in fact existed in books of accounts of assessee -- Income Tax Officer made addition without taking prior approval of I.A.C. -- Whether addition was lawful -- Question of law -- Approval of I.A.C. -- Whether addition was lawful -- Question of law -- Approval of I.A.C. -- Natur of -- Whether approval by I.A.C. was not procedural but condition precedent for exercise of jurisdiction to make addition -- Held yes -- Whether addition made by Income Tax Officer was lawful and Tribunal was justified to confirm same -- Held no -- Addition -- Company -- Credit in personal account of Director of the Company in the books of account of company -- Addition -- Validity -- Books wherefrom the alleged unexplained credit was picked being not the books of account of the assessee, Section 13(1)(a) of the Income Tax Ordinance, 1979 was not attracted -- Addition -- Approval by Inspecting Additional Commissioner -- Nature -- Approval by Inspecting Additional Commissioner as contemplated in proviso to Section 13 of the Income Tax Ordinance, 1979 was not procedural but a condition precedent for exercise of jurisdiction to make addition under Section 13(1)(aa) to (e) of the Income Tax Ordinance, 1979 -- Addition -- Assessee, Director of a company -- Credit in personal account of assessee in the books of account of the Company -- Addition made under Section 13(1)(a) of the Income Tax Ordinance, 1979 without approval of Inspecting Additional Commissioner -- Validity -- Assessee's case being not covered by sub-clause (a) of Section 13(1), Assessing Officer could have treated the unexplained credit in any of the other sub-clauses including sub-clause (aa) or even (b) of Section 13(1) of the Income Tax Ordinance, 1979 which were subject to approval of Inspecting Additional Commissioner -- Addition made under Section 13(1)(a) of the Income Tax Ordinance, 1979 being not in accordance with law, Tribunal was not justified to confirm the same --…

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