| Citation(s) |
|---|
| 1993 SLG 108 1993 SLD 108 1993 PTD 960 (1993) 68 TAX 36 |
Appellate Tribunal Inland Revenue
ITA No. 6217/LB of 1985-86, decision dated: 26th Septemlrer,1992, hearing DATE : 24-09-1992
NASIM SIKANDAR, JUDICIAL MEMBER AND A.A. ZUBERI, ACCOUNTANT MEMBER
F.D. Qaiser, D.R. for Appellant. Hamid Chaudhry, C.A. for
Respondent
ITA No. 6217/LB of 1985-86, decision dated: 26th Septemlrer,1992, hearing DATE : 24-09-1992
NASIM SIKANDAR, JUDICIAL MEMBER AND A.A. ZUBERI, ACCOUNTANT MEMBER
F.D. Qaiser, D.R. for Appellant. Hamid Chaudhry, C.A. for
Respondent
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Law: Income Tax Ordinance, 1979
Section: 59,55,62
(a) Income Tax Appellate Tribunal Rules, 1981--- ---R.13---Where no affidavit as required by R.13 was filed, Tribunal did not allow the appellant to contend a thing which was against the facts appearing from the impugned order. (b) Income Tax Ordinance (XXXI of 1979)---S.59, 55 & 62---Where a person expressly admits a liability towards revenue by declaring certain income the question of annulment of the assessment oar any ground whatsoever is clearly not warranted. (c) Income Tax Appellate Tribunal Rules, 1981--- ----R.12---Failure of appellant-Department to despatch by registered post and before filing an appeal, a copy of memorandum of grounds of appeal to the respondent (assessee)---Effect---Tribunal, in view of circumstances of the case, exercised its discretion to entertain the appeal. CIT v. Mian Javed A. Sheikh 1989 PTD 525; CIT v, Gulzar Muhammad 1989 PTD 11108; CIT v. Kohinoor Trading Company 1989 PTD 1047 and 1990 PTD (Trib.) 1042 ref. 1990 PTD (Trib.) 1042 fol. ORDER NASIM SIKANDAR (JUDICIAL MEMBER).--This departmental appeal impugnes a consolidated order of CIT(A) Zone 1, Lahore, dated 27-2-1986 rendered in respect of assessment years 1984-85 and 1985-86. This appeal, however, pertains only to the assessment year 1985-86. 2. Respondent is an individual and derives income from salary etc. On his failure to file returns for the periods relevant to the assessment years 1984-85 and 1985-86, notices under section 56 of the Ordinance were issued which remained un-complied with. Thereafter, a notice under section 61 of the Ordinance was issued for 3-12-1985 but again no compliance was made. Therefore, the assessing officer proceeded to finalise the assessments for both of these years under section 63 of the Ordinance. And, on the basis of certain information that the assessee-respondent was maintaining accounts with various bank branches at Lahore wherein substantial transactions of money took place during the assessment years under question, proceeded to treat the peak balance in these accounts as income of the assessee. In this way the appellant was assessed at a total income of Rs.861,172 for the assessment year 1985-86. On appeal the learned CIT(A)…
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