Law: Income Tax Act, 1922

Section: 23,23(4)

[Income Tax Act, 1922 (XI of 1922)].......Section 23(4)-Best assessment-Renewal of registration-Exparte assessment for default of statutory notices- Refusal of renewal of registration by the some order-Whether proper and valid-Held yes; Section 23(4) of the Income Tax Act lays down that in a case hit by this provision, the Income Tax Officer shall proceed to finalize his best , assessment and may also, in the case of a Firm, refuse to register it or cancel the assessee incurs in consequence its registration. This liability which sequence of his failure to comply with the terms of the notices served on him under Section 22(4) and Section 23(2) of the Act is in addition to and over and above the powers vested in the Income Tax Officer under Section 26A of the Act. Cases referred to:- Commissioner of Income Tax, Madras v. Krishnama & Co., Gudur (1955) 28 I.T.R. 273 ; Commissioner of Income Tax v. Noble Trading C0. Dacca (1963) 7 Taxation 289 ; Commissioner of Income Tax, Karachi V. Platinum Jubilee (1972) 25 Taxation 153 and Messrs Odeon Cinema, Lahore v. The Commissioner of income Tax, Lahore Zone, Lahore P.L.D.1971 Lah. 632 ; (1971) 23 Taxation 244. JUDGMENT [The judgment of the court was delivered by MUHAMMAD AKRAM, J]. - The Income Tax Appellate Tribunal Pakistan, Lahore has referred to the High Court, under Section 66(1) of the Income Tax Act, 1922, the following question of law said to arise of its order dated the 9th of June 1970 passed in I.T.A. No. 2462 of 1967-68, relating to the assessment year 1962-63 :- "Whether on the facts and in the circumstances of the case the Tribunal was justified in confirming the Appellate Assistant Commissioner's order rejecting the renewal of registration under the provisions of sub-section (4) of Section 23 of the Income Tax Act?" 2. The brief facts leading to this reference are that the petitioner (hereinafter called the assessee) was a registered Firm. Its registration was also renewed from year to year until the assessee filed as application for the renewal of its registration for the assessment year 1962-63. In respect of this year in question the assessee filed a return declaring a total income of Rs. 6,235. It…

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