Law: Income Tax Ordinance, 1979

Section: 13,65,61,13(1)(aa)

(a) Income Tax Ordinance (XXXI of 1979)----Ss. 65 & 61---Additional assessment---Revised returns---Notice under S.61 of the Income Tax Ordinance, 1979---Contention was that assumption of jurisdiction by issuing notice under S.61 of the Income Tax Ordinance, 1979 without first invoking the provisions of S.65 of the Income Tax Ordinance, was illegal---Validity-Revised returns of income were filed suo motu and thus there was no cause to issue notice under S.65 of the' Income Tax Ordinance, 1979---Revised returns indicated that original returns too must have been filed earlier---When such returns were available with the Assessing Officer there was no point in invoking the provisions of S.65 of the Income Tax Ordinance, 1979­Assumption of jurisdiction was declared in order by the Tribunal. (b) Income Tax Ordinance (XXI of 1979)---- ----S 13(1)(aa)-Deemed income---Gold brought into Pakistan--­Personal effects---Nothing was brought on record to establish that gold brought into Pakistan was ever cited as "personal effects" under Personal baggage Rules---Gold bullion brought into Pakistan could not qualify as "personal effect" or "household item". (c) Income Tax Ordinance (XXXI of 1979)--- ----Sched. 11, Cl. (130A)---Exemption---Assessment year 1995-96--­Clause (130A) of the Second Sched. of the Income Tax Ordinance, 1979 could only be relevant to assessment years 1991-92 and 1992-93 and not to assessment year 1995-96. (d) Income Tax Ordinance (XXXI of 1979)--- ----S. 13(1.)(aa)---Deemed income---Purchases outside Pakistan---Source of investment---Explanation of---Contention that provisions of Income Tax Ordinance, 1979 were not applicable to the purchase of gold outside Pakistan---Validity---Purchase made outside Pakistan conferred no special privilege with regard to applicability of the provisions of the Income Tax Ordinance, 1979 at the time of assessment of assessee's total income in Pakistan. (e) Income Tax Ordinance (XXXI of 1979)---- ----S. 13(1)(aa)---Protection of Economic Reforms Act (XII of 1992)--­Deemed income---Gold---"Import of gold" or "brought into Pakistan"--­Difference in the two expressions not material---Source of investment--­Explanation…

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