Law: Income Tax Ordinance, 1979

Section: 65,13(1)(aa)(d),59(1-),136

Income Tax Ordinance (XXXI of 1979)-----Ss.65, 13(1)(aa)(d), 59(1-) & 136---Additional assessment ---Addition--¬Reference---Assessment was finalized under Self-Assessment Scheme --¬Assessee purchased property and Excise and Taxation Department assessed the same to higher value than the value showing in the sale-deed---Assessing Officer reopened the assessment under S.65, Income Tax Ordinance, 1979 and made addition of the difference of value adopted by the Excise and Taxation Department and the sale-deed---Addition made was deleted by the First Appellate Authority and confirmed by the Appellate Tribunal--¬Department filed Reference framing the "question of law" regarding the double approval of the Inspecting Assistant Commissioner of Income Tax--¬Validity---If appeals were dismissed only on the ground of lack of double approval, then the proper course for the Tribunal was to remand the cases to the Assessing Officer for removal of the defect---First Appellate Authority had deleted the addition on facts as there was no evidence on record to prove the value of the property as assessed by the Assessing Officer---Reference applications were dismissed by the High Court as being containing no question of law. JUDGMENT SHEIKH ABDUR RAZZAQ, J.---This judgment shall also dispose of Reference Applications Nos.7 of 1991, 10, 11, 15, 36, 39 and 40 of 1990, 2 and 19 of. 1991, as common questions of law and facts are involved in all these applications. 2. Briefly stated the facts are that the respondent/assessee filed return for the assessment year 1981-82 declaring his net income at Rs:24,700 which was accepted under section 59(1) of Income Tax Ordinance, 1979. Subsequently, the case was reopened under section 65 of the said Ordinance on receipt of information that the assessee purchased two plots bearing Nos. AA 277-280 on 11-4-1981 as per sale deed for a sum of Rs.9,000. each. The value of the said plots was assessed by the Excise and Taxation Department at Rs.3,00,000 each. Thus, the difference in value declared by the assessee and assessed by the Excise & Taxation Officer %das Rs.5,80,000 and the said amount was added by the Income Tax Officer after providing…

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