Law: Income Tax Ordinance, 1979

Section: 80C(4),13(aa),143B,65,13,80C,80CC

ORDER It is contended on behalf of the appellant that statement under section 143-B of the Income Tax Ordinance, 1979 was filed by the appellant declaring imports of Rs. 15,27,750, whereupon, tax at the rate of 2% was paid. Subsequently, show-cause notice was issued by respondent No. 1 to the appellant requiring an explanation as to the source of the funds employed in the import of the said consignment. The appellant contested the issuance of the show-cause notice on the ground that the respondent had no jurisdiction to ask for the source of the funds for the consignment as the tax deducted at source was full and final discharge of the tax liability in view of subsection (4) of section 80-C of the Ordinance. The contention of the appellant did not find favour and were rejected and the case was re-opened under section 65 and notice issued in this behalf to the appellant. The appellant challenged the aforesaid notice under section 65 of the Income Tax Ordinance before this Court through W.P. No. 6573 of 1994 which was disposed of by a learned Single Judge of this Court in terms of order, dated 7-6-1994 holding:-- "I regret my inability to agree with the learned counsel. Subsection (4) of section 80-C is hedged with the condition that the assessee should have no other source of income. It is not disputed by the petitioners learned counsel that the Income Tax Department can inquire into as to whether or not there are other sources from which a person had derived his income. This aspect of the matter which is purely factual cannot be adjudicated upon in the Constitutional jurisdiction of this Court. Dismissed in limine." 2. That respondent No. 1 vide order, dated 30-6-1994 completed the assessment and imposed an income tax of Rs.7,50,630. 3. The appellant challenged the order, dated 30-6-1994 by way of appeal before respondent No. 3 which was dismissed on 16-7-1996 whereafter the appeal preferred before the ITAT too did not find favour and was dismissed vide the impugned order, dated 20-2-1998. 4. In pith and substance the contention raised- by the learned counsel for the appellant is that a statement under section 143-B had been filed under the presumptive tax…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492