Law: Income Tax Ordinance, 1979

Section: 32,13(1)(aa)(d),13(2)

(a) Income tax Ordinance (XXXI of 1979)---S.32 Sales estimated without basis Effect Assessee dealing in electric. goods and not maintaining accounts Income tax Officer rejecting declared version, estimated 'sales on basis of inspector's report made in subsequent period Inspector submitting two estimates while reporting ¬Held: Inspector's report of subsequent period could not be made basis estimating sales of the preceding year Inspector's estimate of assessee, held, was absolutely bald Of two estimates of circle Inspector the one favoring assessee should have been, made basis for estimating sales Sales reduced by Tribunal in circumstances. (b) Income tax Ordinance (XXXI of 1979) Ss.13(1)(aa)(d) & 13(2) "Deemed income" Determination of Reasonable opportunity of being heard to assessee a statutory requirement No specific opportunity under S.13(2) of .Ordinance given to assessee for explaining investment in purchase of shop Assessee not confronted with estimate made by assessing officer Failure to comply with mandatory provision of statute with regard to giving reasonable opportunity to assessee, held, had rendered impugned order in this behalf wholly void Assessment annulled in, circumstances. P. L D 1964 S C 410; 1971 S C M R 681 P L D 1959 Kar.669 P L D 1971 Pesh. 210 and P L D 1964 S C 410 ref. ORDER MUHAMMAD MAZHAR ALI (CHAIRMAN). This appeal against the order of the Commissioner of Income tax (Appeals), Zone II, L..., has been brought at the instance of assessee, an individual, who carries on retail business of electrical goods. The assessment year involved is 1981 82. 2. Without maintaining the books of accounts, the assessee filed a return disclosing a net income at Rs.16,000. He also filed computation chart showing sales at Rs.1,90,000 G.P. rate at 14.7%, and expenses at Rs.12,000. The Income tax Officer made him to file wealth statement wherein total net wealth was disclosed at Rs.61,416 including value of shop at Rs.33,000 purchased during the relevant income year. The Income tax Officer recorded the statement of Mr. K... M... the proprietor of the assessee concern, as well as made local enquiries through Inspector. The assessee in his statement…

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