Law: Income Tax Ordinance, 1979

Section: 62

Law: Constitution of Pakistan, 1973

Section: 199

(a) Income tax Agreed assessment based on agreement made by the authorised representative Power of attorney given by assessee to the authorised representative included that his explanation and statement would be binding on assessee and he was also authorised to receive all notices, orders, etc: Writing of agreement for assessment by the authorised representative partook the character of a statement within the meaning of the contents of the deed of Power of Attorney. (b) Income tax Ordinance (XXXI of 1979)]-----S.62 Assessment Procedure to be adopted by Income tax Officer Agreed assessment does not fit into the broad contours of the Ordinance Exceptions. Under the Income tax Ordinance, 1979 the duty of assessing and collecting the public revenue is cast on the Assessing Officer. He has to discharge this obligation in accordance with the provisions of the Statute. There is no specific provision in the Ordinance empowering the Income tax Officer to pass an assessment order on compromise basis. In this view of the matter, the agreed assessment does not fit into the broad contours of the Ordinance. The assessment has to be made by the Assessing Officer on the foundation of the material before him. If the assessee's books of account, his bank account or other evidence produced by him or mustered by the Income tax Officer, warrant a higher assessment, the Income tax Officer, cannot ignore that evidence and go ahead with an agreed assessment. However, the position would be different if there is no material at all and the assessee agrees to be assessed at a particular figure. In such an eventuality the assessee's admission constitutes evidence, and may be acted upon by the Income tax Officer. It may be added that the Income tax Officer, is a quasi Judicial Tribunal and is required to pass a speaking order manifesting application of mind for resolution of the controversy before him. He must give reasons in support of his order which should be adequate and informative so that if the order is called in question before a higher forum, the latter can appreciate and evaluate the process by which the decision was reached. Tanvir Brothers Oil Dealers v. Commissioner of Income…

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