Law: Income Tax Ordinance, 2001

Section: 136

Law: Registration Act, 1908

Section: 17

Income Tax Ordinance (XLIX of 2001)--- ----S.136---Registration Act (XVI of 1908), S. 17---Assessment---Oral gift---Non-registration of gift declaration---Authorities were aggrieved of accepting unregistered oral gift of immovable property held by assessee---Validity---Gift deed executed under Transfer of Property Act, 1882, was required to be registered compulsorily in light of S.17 of Registration Act, 1908, which provided that transfer of immovable by way of deed, was to be registered---Oral gift was exception to that and the same was duly acknowledged by Courts of the country---Oral gift conferred valid title upon donee, provided three elements recognized for same were present viz offer of gift, acceptance of the same and delivery of possession of the property in question---Fact that in relevant records, gift had not been transferred was immaterial and the same could not bean invalid gift---Such legal position stood confirmed and had remained subject matter of ample consideration without any ambiguity---For the purposes of income tax laws, it would be only appropriate that transaction of property, whether it was sale, gift or through any other means, be recorded in revenue record to avoid chances of tax avoidance---Gift could not be invalid only because of the fact that it was not recorded in relevant record of the regulator or custodian of the property---High Court declined to interfere in passed by Income Tax Appellate Tribunal---Appeal was dismissed, in circumstances. Muhammad Zaman Khan v. The Additional Chief Land Commissioner and another 1986 SCMR 1121 and Mst. Saadia v. Mst. Gul Bibi 2016 SCMR 662 rel. ORDER: AAMER FAROOQ, C.J:---.--- This order shall dispose of instant Tax Appeal as well as Tax Appeals Nos.123 of 2000, 124 of 2000, 238 of 2000, 290 of 2000, 291 of 2000 and 292 of 2000. 2. The instant Tax Appeals have been filed by Commissioner of Income Tax under section 136 of the Income Tax Ordinance, 1979 against the order dated 12.05.1999 by Income Tax Appellate Tribunal proposing following questions of law:- i) Whether in the facts and circumstances of the case the Honourable Tribunal was justified to hold that the assessment was made without…

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