| Citation(s) |
|---|
| 1986 SLG 29 1986 SLD 29 1986 PTD 141 (1986) 53 TAX 95 |
Income Tax Appellate Tribunal
I. T. A. No. 3376 of 1982 83, I. T. A. No. 3377 of 1982 83and I. T. A. No. 3378 of 1982 83, decision dated: 2-10-1985.dates of hearing: 24-06-1984 and 24-02-1985
MIAN ABDUL KHALID, ZAFAR HUSSAIN AND ABRAR HUSSAIN NAQVI, MEMBERS
Khawaja Muhammad Hafeez and Zia H. Rizvi for Appellant. Imtiaz Anjum and Arshad Pervez for
Respondent
I. T. A. No. 3376 of 1982 83, I. T. A. No. 3377 of 1982 83and I. T. A. No. 3378 of 1982 83, decision dated: 2-10-1985.dates of hearing: 24-06-1984 and 24-02-1985
MIAN ABDUL KHALID, ZAFAR HUSSAIN AND ABRAR HUSSAIN NAQVI, MEMBERS
Khawaja Muhammad Hafeez and Zia H. Rizvi for Appellant. Imtiaz Anjum and Arshad Pervez for
Respondent
Law: Income Tax Ordinance, 1979
Section: 166,65,166(2)
Law: Evidence Act, (1 of 1872)
Section: 60
Law: Income Tax Act, 1922
Section: 22,23,34(1),34(2),34(1A),34,31
(a) Income tax Ordinance (XXXI of 1979)--- Ss. 65 & 166 Income tax Act (XI of 1922), Ss. 22, 23, 34(1), 34(2) and 34(1 A) Notification No. S. R. O. 142 (1) 170, dated 1 7 1970¬Escaped assessment Income offered for assessment without any concealment -Assessee neither furnishing any inaccurate particulars nor omitting any material fact for assessment Case of assessee, held, covered by S. 34 (1) (b) of Income tax Act, 1922. (b) Income tax Ordinance (XXXI of 1979) Ss. 65 & 166 Income tax Act (XI of 1979), Ss. 34,34(1 A) Saving clause as per S. 166 (2) of Ordinance, 1979 specifying cases wherein notice under S. 65 of Ordinance could be issued foe reopening of assessment provided no proceedings under S. 34 of Income tax Act, 1922 regarding such income were pending at commencement of Ordinance, 1979 Basis as mentioned in Ss. 34(1) & 34 (1 A) of Act, held ceased to be operative with effect of date of commencement of Ordinance In savings clause, concealment of particulars of income was not provided as one of basis for reopening of assessment by issuance of notice under S. 65 of Ordinance. (c) Income tax Act (XI of 1922) Ss. 34 (1) 34 (1 A) & 34(2) Notification No. S. R. O. 142 (1)/70, dated 1 7 1970 Assessment Assessee filing return offering income front running a poultry farm, sheds of which were taken by him on "ease from land owner as per agreement Assessee making no concealment of material tend true facts but claiming exemption from tax under exemption notification for poultry whereon income tax Officer filed proceedings Income tax Officer, held, accepted return and assessed income as 'Nil' and thereafter if there existed doubts regarding existence of poultry farm, notice could be issued under 5. 34 (1) of Income tax Act, 1922 Period of limitation for such notice was two years Finding of Commissioner Income tax (Appeals) that assessee's case was covered by S. 34 (I A) of Income tax Act, 1922, wherein period of limitation wits six years, held, was wrong. (d) Income tax Ordinance (XXXI of 1979) S. 65 Income tax Act (XI of 1922), S. 34 (1) General Clauses Act (X of 1897), S. 6 Income tax Act, 1922 repealed much after completion of appellant s assessment Effect of…
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