Law: Income Tax Ordinance, 1979

Section: 13(1),13(2),13,13(1)(d)

(a) Income Tax Ordinance (XXXI of 1979)----Ss. 13(1) & 13(2)---Notice before making additions under provisions of S.13---Two notices under S. 13 of the Ordinance whether requirement of law---Appellant agitated issue of notices at appellate forums and stated that he received notices under S.13(2) only but notice under S.13(1) was not issued by department, before making addition, therefore, proceedings became nullity in eye of law---Held, record belied assessee as both notices were on record even otherwise two separate and distinct notices before making addition were not requirement of law. (b) Income Tax Ordinance (XXXI of 1979)--- ----S. 13(1)(d)---Addition as deemed income---Validity---Production of registered deed---Effect---Appellant presented registered deed showing value of property but tax authority rejected same and adopted value of its own--¬Held, record showed that assessee had been urging that property under consideration should not be equated with property having different nature and location---Department having ample time and opportunity, failed to verify, enquire and determine value of property---Assessment made only on conjectures was invalid and unsustainable in law---Addition deleted. (c) Income Tax Ordinance (XXXI of 1979)--- ----S. 13(1)(as)---Addition---Validity---Cash payment ---Assessee's version of cash payment for property sold and addition made was held by Tribunal to be afterthought and could not be accepted in view of fact that payment had not been made through verifiable channels and amount was received through cash---So, addition made was accordingly confirmed. 1993 PTD (Trib.) 1681; 1995 PTD (Trib.) 1182; 1995 PTD (Trib.) 1179; 1995 PTD (Trib.) 1170; M.A. Stay No.253/LB of 1986-87; ITA No.3468/KB of 1993-94 and (1979) 31 Tax 132--Karachi H.C. ref. ORDER ASHFAQ AHMAD (ACCOUNTANT MEMBER).---This appeal has been filed by the assessee to assail an order of the learned CIT(A) for the assessment year 1984-85. The appellant feels aggrieved on account of estimation of income additions under section 13(1)(d) and 13(1)(aa) and share in the shop not being considered. The additions under section 13(1)(d) and 13(1)(aa) have been challenged…

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