Law: Income Tax Ordinance, 1979

Section: 13,132(1)(a)(i),13(1)(aa)

(a) Income Tax Ordinance (XXXI of 1979)---Ss. 132(1)(a)(i) & 13(1)(aa)---Decision in appeal---Setting aside of assessment ---Service of notice---First Appellate Authority set aside the assessment with the observation that contention of the assessee relating to service of notice was found to be correct and directed the Assessing Officer to verify the source of investment after providing fresh opportunity to assessee---Validity---Contention of the assessee regarding the investment in the purchase of shares having been made from the sale proceeds of agrarian land of forefathers was not accepted by the Assessing Officer for the reason that no proof of transaction of money in the form of gift or loan or inheritance was filed---Order of First Appellate Authority on the other hand revealed that necessary evidence and reconciliation could not be produced before the Assessing Officer as the then Authorized Representative had fallen ill who later on expired---Objection relating to issue of jurisdiction also remained unsubstantiated since no arguments or evidence was produced by the assessee---Finding of First Appellate Authority to set aside the assessment was upheld by the Appellate Tribunal to be justified considering the facts of the case. (b) Income Tax Ordinance (XXXI of 1979)--- ----S.13(1)(aa)---Addition---Approval---Permission---Assessee contended that assessment should have been annulled since the approval of the Inspecting Additional Commissioner and no permission was required, for addition to be made under S.13(1)(aa) of the Income Tax Ordinance, 1979---Validity---Expression "permission" of Inspecting Additional Commissioner had been used in the same sense and had the same meaning as that of "Approval" of Inspecting Additional Commissioner which was required to be obtained by the Assessing Officer for making addition under the provision of S.13(1) of the Income Tax Ordinance, 1979---Findings of First Appellate Authority were upheld by the Appellate Tribunal being justified in the circumstances of the case. 2000 PTD 3788; 2003 PTD (Trib.) 1238; 1994 PTD (Trib.) 1288 and 1998 PTD (Trib.) 1935 distinguished. 1994 PTD (Trib.) 1288 rel. ORDER KHALID WAHEED…

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