Law: Income Tax Act, 1922

Section: 66(1),136(1)

Income-tax Act (XI of 1922)---S. 66(1)---Income Tax Ordinance (XXXI of 1979), S.136(1)---Limitation Act (IX of, 1908), S.5---Reference to High Court---Limitation---Application for reference was filed on 26-3-1980; was heard on 29-8-1981 and the order for reference was passed on 30-9-1981, which was despatched for reference to the High Court on 10-12-1986---Effect---No application under S.5, Limitation Act, 1908 was, however, moved---Reference, held, was badly time-barred and was dismissed. JUDGMENT AHMAD SAEED AWAN, J.--This is a reference under section 66(1) of the Income-tax Act, 1922 on a point of law arising in the following circumstances. 2. The respondent/assessee filed return for the year 1976-77 declaring net income of Rs.12,790; the wealth statement under section 22(4-A) was obtained; in reconciliation statement the assessee had made addition of Rs.15,670 from intangible made in the assessment year 1975-76. The Income-tax Officer disallowed accretion on account of intangibles; the Appellate Assistant Commissioner on appeal filed by the assessee deleted the addition of Rs.15,670. The Department aggrieved by the order of A.A.C. preferred an appeal before the Tribunal, the learned Tribunal upheld the order of learned A.A.C. and dismissed the appeal of the Department. The Department/appellant being aggrieved with the order of learned. Tribunal, required the Tribunal to refer the following question of law arising out of the Tribunal order:--…

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