Law: Income Tax Ordinance, 1979

Section: 13(1)(d)&136

Law: Income Tax Rules, 1982

Section: 8,207A

Income Tax Ordinance (XXXI of 1979)----Ss.13(1)(d) & 136---Income Tax Rules, 1982, 8.207-A---Addition--Appeal to High Court---Question of law---Addition made by Assessing Officer was reduced by First Appellate Authority which was .deleted by Appellate Tribunal on the ground that declared value was in accordance with the value settled by the District Collector for purpose of stamp duty---Department contended that question of law had arisen out of Tribunals order as to whether Appellate Authorities were justified to reduce/delete the addition---Validity---Direction of Appellate Tribunal to accept the declared value in accordance with prescribed rate by the District Collector being supported by Rule 207-A, Income Tax Rules, 1982, question framed, therefore, could not be described as one of law or raising a legal controversy---Appeal was dismissed it; limine by High Court in circumstances. Gulbai Jehangir Sukhia v. Controller of Estate Duty 1967 PTD 200 rel. ORDER NASIM SIKANDAR, J.---The appellant is an individual and an assessee of the Income Tax Department. For the assessment year 1994-95 he returned income from different sources. During the assessment proceedings, it was noted that he had purchased a four Kanal plot, namely 32-C Model Town, Lahore for a declared value of Rs.56 lacs. The Assessing Officer finding the declared rate pet Kanal to be on the lower side, proceeded to estimate the same at Rs.15 lac per Kanal. The basis of his estimation being three parallel cases from the locality. The difference between the declared and estimated value at Rs.4 lac was accordingly added towards his income under section 13(1) (d) of the Income Tax Ordinance, 1979. The Commissioner Appeals maintained the addition though he found the same to be on the higher side and therefore, directed it to be reduced to Rs.2 lacs. On further appeal, Lahore Bench of Income Tax Appellate Tribunal directed acceptance of the decretal value of the plot. 2. For the Revenue it is contended that following question of law has arisen out of the said order of the Tribunal dated 14-4-1999:--- "Whether on facts and in the circumstances of the case, the learned appellate authorities below were…

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