Law: Income Tax Ordinance, 2001

Section: 41,120(1)(B),122(5),122(9)

(a) Income Tax Ordinance (XLIX of 2001)----Ss. 41, 120(1)(B), 122(5) & 122(9)---Khyber Pakhtunkhwa Land Tax and Agricultural Income Tax Ordinance, 2000, Second Sched.---Agricultural income---Definite information---Payment of agricultural income tax---Agricultural income was imputed on the basis of such paid tax---Validity---Information obtained from District Officer Revenue and Estate, about payment of agricultural income tax was definite---Under the obligation of Khyber Pakhtunkhwa Agricultural Income Tax Ordinance, 2000, taxpayer had paid tax of Rs.10,800 against which imputable agricultural income came to Rs.23,000, whereas it had been declared at Rs.1,800,000 which suggested the avoidance of taxation under the Income Tax Ordinance, 2001---Taxpayer could get the credit of imputable agricultural income under the Income Tax Ordinance, 2001; it stood proved that Taxation Officer had taken the action and had amended the order on the basis of "definite information" and for the reason of under assessment, which could not be disproved---Declaration of agricultural income over and above Rs.223,000 under the Income Tax Ordinance, 2001 i.e. at Rs.1,800,000 was inflated and was liable to addition toward the income of the taxpayer, which had rightly been subjected to addition by the Taxation Officer---No iota or any doubt existed to the effect that First Appellate Authority had committed a grave mistake by vacating the order of the Taxation Officer---Order of First Appellate Authority was set aside, which resulted in restoration of the amended order passed by the Taxation Officer. 2003 PTD (Trib.) 2287; 2000 PTD (Trib.) 2905; 2000 PTD (Trib.) 2531; 2004 PTD (Trib.) 983; 1993 SCMR 1232 = 1993 PTD 766; 2006 PTD 2275; 2000 PTD 359; 2007 PTD (Trib.) 954 and 2005 PTD (Trib) 2229 ref. (b) Income Tax Ordinance (XLIX of 2001)--- ----S. 41--- Khyber Pakhtunkhwa, Land Tax and Agricultural Income Tax Ordinance, 2000 Second Sched.---Agricultural income---Jurisdiction of Taxation Officer---No doubt, the actual agricultural income was exempt from federal taxation under S.41 of the Income Tax Ordinance, 2001, but it did not mean that the taxpayer was scotfree to declare such…

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