Law: Voluntary Declaration of Domestic Assets Ordinance, 2018

Section: 5,8

Voluntary Declaration of Domestic Assets Act (XI of 2018)- -Ss. 5 & 8-Declaration of domestic assets in Pakistan-Payment of tax-Finality of proceedings-Scope-Petitioner had sought benefit under S. 5 of Voluntary Declaration of Domestic Assets Act, 2018 and had filed declaration accordingly-Deputy Commissioner Inland Revenue rejected the declaration so filed on the ground that the recovery notice had been issued against the petitioner after passing of assessment order on the basis of which the petitioner was liable to pay certain amount-Validity-Explanation included in S. 8 of Voluntary Declaration of Domestic Assets Act, 2018 clarified that declaration could even be made in respect of undisclosed income or assets which were pending proceedings under Income Tax Ordinance, 2001 until same had attained finality-Basic purpose of the explanation was to clarify that even where proceedings pending under Income Tax Ordinance, 2001 related to assessment or otherwise, the taxpayer could make a declaration of undisclosed income or assets uptil the point when those proceedings had attained finality-Proceedings under Income Tax Ordinance, 2001 attained finality when the taxpayer exhausted the right of appeal and order was passed thereon by the appellate forum- Order of assessment was not a final order for the reasons that it could be challenged in an appeal or revision as the case might be and it only became final when it went through all the forums and remedies available under the law-Taxpayer was entitled to pursue the remedy of appeal or second appeal as such remedies reopened the assessment, meaning that it was not final unless it crossed all forums under that law in which it could be challenged and the order of the last forum would be final-High Court held that petitioner was entitled to file a declaration under S. 5 of Voluntary Declaration of Domestic Assets Act, 2018-Constitutional petition was accepted. Central Board of Revenue and others v. Chanda Motors 1992 PTD 1681 ref. THIS JUDGMENT DELIVERED BY: AYESHA A. MALIK, JUSTICE:---.--- Through this petition, the Petitioner has impugned notice dated 03.04.2019 issued by Respondent No.3, Deputy Commissioner Inland…

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