Law: Income Tax Ordinance, 1979

Section: 58(2),108,51,139,140,141,142,143,143A,14 4,55,56,65(1),72(3),81(3),108(a),110

(a) Income-tax Ordinance (XXXI of 1979)-- ---Ss. 55, 56, 58, 108 & 110--Wealth statement--Filing of--Filing of wealth statement obligatory on assessees whose income was not less than Rs. one lac--Other assessees to file wealth statements when so required by Income-tax Officer--Income-tax Officer empowered to impose penalty on defaulting assessees under 5.110 and not under S.108 of Ordinance--Section 108, held, was restricted to returns and no wealth statements and empowered-Income-tax Officer to impose penalty only in cases of default in filing return under S.56 of Ordinance. (b) Income-tax Ordinance (XXXI of 1979)-- ---S. 108--Penal provision--Construction of--Penal provisions of S.108 of Ordinance to be given strict interpretation.--Interpretation of statute. (c) Income-tax Ordinance (XXXI of 1979)-- ---Ss. 55. 56, 58 a 108--Wealth statement, filing of--Assessee failing to file wealth statement under S.58(2) of Ordinance--Income-tax Officer levying penalty under S.108 which did not cover S.58--Order of Income-tax Officer vacated by Tribunal--No penalty, held, could be imposed without a legislative authority which was not available to an income-tax Officer regarding default in filing wealth statement alongwith the return. ORDER FARHAT ALI KHAN (MEMBER).--The appellant an individual, failed to file his wealth statement under section, 58(2) of Income-tax Ordinance, 1979 (hereinafter referred to as the 'Ordinance') for assessment year 1980-81. The Income-tax Officer, therefore, levied penalty something to Rs.9,750 under section 108 of the Ordinance, at the rate of Rs.50 per day from 6th November, 19810 to 19th May, 1981. The appellant was also warned that a further penalty of Rs.100 per day would be levied in case of default. The appellant felt aggrieved and went up in appeal and the learned Appellate Assistant Commissioner by his order, recorded on 8th September 1981 in Income-tax Appeal No. AAC/F/(K)(W)/457, dismissed, the appeal after considering provisions of section 58(2), with the following observation: "It is manifest from the language of this provision that omission in filing of the required wealth statement was tantamount to omission in filing of the…

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