Law: Income Tax Ordinance, 1979

Section: 2(24),13(1)(a)

(a) Income Tax Ordinance (ICI of 1979)--- ----S. 2(24)---"Income"--Connotation--Meaning of the term "income" elaborated. (b) Income Tax Ordinance (XXXI of 1979)---- ----S. 13(1)(a)---Unexplained investments ---Assessee had shown a certain amount as total net assets but was unable to explain the sources of investment---Nature of receipts and its source having not been satisfactorily explained by the assessee, which facts were generally within his peculiar knowledge, the Income-tax Officer could legitimately presume that the amount in question was an income of the assessee from an undisclosed source and same was thus liable to be taxed under S.13(1)(a) of the Ordinance. ORDER FAKHARUDDIN SIDDIQUI (JUDICIAL MEMBER).---This further Departmental appeal is brought against the impugned order dated 3-12-1985 passed by the learned Appellate Assistant Commissioner of Incometax, Range-F, Lahore for the assessment year 1982-83 on the following grounds: (i) That the AAC has erred to hold that the return qualified for self-assessment under section 1(b)(1) of the self-assessment scheme of the charge year 1982-83. The assessee had not paid tax in the garb of self-assessment scheme on fictitious ground that she is running a Poultry Farm and income derived from Poultry Farming is exempt from tax (ii) That the AAC is not justified to observe that AR of the assessee protested vide letter dated 23-6-1985 against the proceedings under section 61. No such protest was made but to the contrary the AR joined the proceedings voluntarily. (iii) That the return did not qualify for self-assessment scheme, therefore, the AAC is not justified to order to accept it under section 59(1). 2. Briefly recounted the facts giving rise to the instant appeal are that the respondent/assessee, being individual, declared income suo motu at Rs.45,000 under Self-Assessment Scheme of 1984-85. In the wealth statement the assessee had shown total net assets at Rs.1,00,000 but was unable to explain the sources of investment. The declared income was from poultry farm, which was claimed under exemption of tax. In compliance with the notice under section 61 of the Income-tax Ordinance Mr. Yousaf Ali, ITP, had…

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