Law: Income Tax Ordinance, 1979

Section: 62,63

Income Tax Ordinance (XXXI of 1979)----Ss. 62 & 63---C.B.R. Circular No. 12 of 1991---"Sales"---Meaning--­Expression ,"sales" does not mean the declared sales but the sales estimated by the Assessing Officer---Estimated sales are taken to be the real sales but it is not imaginary figure and when it is taken to be real sales on the basis of which the total income of an assessee is determined, the assessee is entitled to the expenses on the basis of sales estimated by the Assessing Officer. ORDER This appeal is directed against the order dated 18-2-1995 by the learned C.I.T.(A), Zone-VI, Karachi in I.T.A. No. 978/A-VI, relating to the assessment year 1993-94. 2. Mr. Farogh Nasim, Advocate form the appellant partly argued the appeal and during the course of arguments he stated that the appeal of the appellant relating to the assessment year 1990-91 is also pending in the Tribunal. The notice of hearing was served on the Advocate for appellant on 14-4-1996 but no such intimation was given to the office so that if any such appeal is pending the same may also be fixed for hearing today. However, Mr. Farogh Nasim was directed to get the appeal for assessment year 1990-91 located from the Appellate Branch of the Tribunal. Mr. Farogh Nasim deputed one of his juniors namely Mr. lkram Farouqui to the Appellate Branch who did not furnish any particulars of the alleged appeal for the assessment year 1990-91 and left the office saying that the particulars of the appeal were not available with him. Mr. Farogh Nasirn was informed that the appeal shall be taken again for hearing after tea break. Mr. Farogh Nasim did not turn uptil 4.00 p.m. The appeal is, therefore, being disposed of on the basis of material available on record and the facts given by Mi. Farogh Nasim during his arguments in the morning. 3. The appellant is an individual running fresh fruit shop' at Empress Market Saddar Karachi. The appellant has not maintained any books of accounts. The appellant is deriving income from supplies to Hotel Pearl Continental wholesale and retail sale (shop sale). The appellant declared total sales at Rs.41,71,799 out of which supplies were to the extent of Rs.26,51,299 which…

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