Law: Income Tax Ordinance, 1979

Section: 13(1)(b),91,13(I)(e),13

(a) Income Tax Ordinance (XXXI of 1979)---Ss. 13(1)(b) & 91---Unexplained investment---Addition---Filing of Wealth Statement prior to finalization of assessment---Validity---Addition was made and penalty under S.91 of the Income Tax Ordinance, 1979 was imposed---First Appellate Authority confirmed the same ---Assessee assailed same in second appeal---Held, assessee was entitled to file Wealth Statement prior to finalization of assessment and as such Wealth Statement should have been considered as properly filed---Amount of addition having been shown in Wealth Statement, addition 'ander S.13(1)(b) of the Income Tax Ordinance, 1979 was uncalled for. (b) Income Tax Ordinance (XXXI of 1979)--- ----Ss. 13(I)(e) & 91---Addition---Expenses---Imposition of penalty and addition nude--Assessee being of old age and living with other family members and leading a simple life, Tribunal declined to uphold addition in circumstances---Additions under different provisions of S.13 of Income Tax Ordinance having been deleted, there seemed no reason to uphold penalty imposed and confirmed by Revenue Authorities below. ORDER CH. MUHAMMAD ISHAQ (JUDICIAL MEMBER). ---These appeals pertaining to the assessment years 1990-91 and 1991-92 have been preferred at the instance of the Assessee to call in question the Order dated 11-8-1992 passed by the Commissioner of Income Tax, Appeals, Zone-II, Lahore. For both these years, appeals have also been lodged against the imposition of penalty under section 91 of the Income Tax Ordinance, 1979 vide order dated 19-1-1993 passed by the Commissioner of Income Tax (Appeals-II) Lahore. 2. The learned A.R., appearing for the assessee/appellant agitates the additions made under section 12(1)(b) at Rs.1,88,080 for the year 1990-91 and under section 13(1)(e) at Rs.17,000 and Rs.21,227 for the years 1990-91 and 1991-92 respectively as being uncalled for. Imposition of penalty in respect of both the years has also been agitated as being unjustified. 3. We have heard the parties and examined the record. 4. The learned A.R. submits that the addition at Rs.1,88,080 for the year 1990-91 made under section 13(1)(d) is not justified as the same has been…

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