Case Details

Citation(s)
1990 SLG 73 1990 SLD 73 1990 PTD 600 (1990) 62 TAX 11
Appellate Tribunal Inland Revenue
I.TA. No. 879/LB of 1988 89, decision dated: 24-09-1989, hearing DATE : 22-04-1989
MIAN ABDUL KHALIQ, JUDICIAL MEMBER AND INAM ELLAHI SHEIKH, ACCOUNTANT MEMBER
Sh. Rashid Ahmed for Appellant. Mujahid Akbar, DR for
Respondent

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Law: Income Tax Ordinance, 1979

Section: 65(2),13(1)(aa),61,63,65

(a) Income Tax Ordinance (XXXI of 1979)----S.65(2) [before amendment by Finance Ordinance of 1987]--Condition necessary for issuance of notice under S.65 (before amendment of 1987) was the existence of definite information with Income Tax Officer or prior approval of the Inspecting Assistant Commissioner in writing. (b) Income Tax Ordinance (XXXI of 1979) S.65(2) [as amended by Finance Ordinance of 1987] Amendment made in S.65(2) by substitution of the word "and" for "or" being not procedural was not applicable retrospectively to the proceedings already initiated. (c) Income Tax Ordinance (XXXI of 1979) S.65 Self Assessment completed Notice issued under S.65 on the basis of availability of material and after 'obtaining prior approval of the Inspecting Assistant Commissioner Requirement of S.65 was complied with. (d) Income Tax Ordinance (XXXI of 1979) Ss.58 & 59 Self Assessment -Wealth statement Assessee's declared income being Rs. 23,700, filing of wealth statement was not obligatory under the provision of Self Assessment Scheme Entries of the order sheet did not establish whether the Income Tax Officer had called for the wealth statement or the assessee had filed the same Conclusion would be that wealth statement was placed on record after processing of assessment under Self Assessment Scheme. (e) Income Tax Ordinance (XXXI of 1979) S.65 Self Assessment Assessment completed Fact that assessee had not revealed receipt of foreign remittance through Bank was established Assessee's plea of change of opinion by the one I.T.O. over that of the other stood belied ¬Assessee's contention regarding non obtaining of double approval by I.A.C. would not hold field as that was a requirement in the case of difference in the declared amount and the proposed amount. 1989 P T D (Trib.) 150 and 1988 P T D (Trib.) 800 ref. (f) Income Tax Ordinance (XXXI of 1979) Ss.13(1)(aa), 61, 63 & 65 Self Assessment Completion of assessment ¬Despite service of notice under Ss.65 & 61 the assessee having not furnished any return, the Income tax Officer opted to proceed under S.63 of the Ordinance and in re assessment a certain amount was added under S.13(1)(aa) with the prior…
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