Law: Income Tax Ordinance, 1979

Section: 13,13(1),13(2),59,62,65,59(1)

(a) Income tax Ordinance (XXXI of 1979)----Ss.13, 59, 62 & 65--Returns were filed by assessee on estimate basis under S.59(1) as no accounts were maintained by the assessee for relevant assessment years which were accepted accordingly---Assessee was given a challan signed by I.T.O. and he deposited the demanded amount Income tax Officer later on addressed a letter to assessee wherein he simply mentioned that assessee had failed to disclose that he was maintaining a bank account and also mentioned the amounts which he proposed to add in all the relevant years Income tax Officer in the said letter, in its concluding paragraph wanted assessee to explain as to why the assessment for the relevant years should not be re opened as provided under S.65 but nowhere mentioned that he had discovered anything about the business income of the assessee which he had not disclosed earlier ¬Effect Held, Income tax Officer was not competent to reassess the business income as be had not served a show cause notice on the assessee as to why his declared income be not re opened Income tax Officer condemned the assessee unheard and thus violated the principle of natural justice and caused miscarriage of justice to the assessee Income tax Officer should have issued notice under Ss. 13(1) & 13(2) of the Ordinance and should have re examined the issue before making any addition in the light of the explanation offered by the assessee and have recorded reasons if he wanted to reject the explanation of assessee ¬Income tax Appellate Tribunal directed the I.T.O. to accept the declared income of assessee accordingly in circumstances. I.T.A. Nos. 4253 and 4254/LB 1984 85, dated 14th July, 1986 and 1987 P T D 300 ref. (b) Income tax Ordinance (XXXI of 1979) Ss. 13, 59,62 & 65 Returns were filed under S.59(1) as no accounts were maintained by assessee Agreed assessment No formal order was recorded but Income tax Officer gave challan to the assessee who deposited the demanded amount of tax Agreed assessment, being a contract, offer and acceptance were clearly established from the order sheet thus there existed all the three ingredients of a contract namely offer, acceptance and…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492