Law: Income Tax Ordinance, 1979

Section: 62,65,59(1),13,132

Law: Income Tax Rules, 1982

Section: 207A

(a) Income Tax Ordinance (XXXI of 1979)----Ss. 62 & 132---Additional assessment ---Aslah/property disposed of during the year not shown in the wealth statement---Same facts and change of opinion---Re-opening of assessment---Validity---Case could not be reopened/re-appraised on same facts and as a result of change of opinion---No information had been received by the Assessing Officer justifying the reopening of the assessment as warranted by law--­Evidence regarding disposal of Aslah was correct and the appellant was right that the Aslah was disposed of within the assessment year and hence he was correct by not showing the same in wealth statement---No addition on this plea could be evolved---Assessment order framed under S.65 of the Income Tax Ordinance, 1979 was annulled being illegal by the Appellate Tribunal and assessment order passed under Ss. 62/132 of the Income Tax Ordinance, 1979 was restored. (b) Income Tax Ordinance (XXXI of 1979)---- -----Ss. 65, 59(1) & 13---Additional assessment---Reopening of assessment in the absence of wealth statement and wealth tax return and material evidence of concealment---Validity---Wealth statements and wealth tax returns were not available on record and in absence of wealth statement, wealth tax returns and any confession by the assessee prior to reopening of the assessment the Department had no definite material evidence required to reopen the assessment so as to make a case for concealment---Department should have possessed definite material evidence and information but the Department had failed to establish concealment as neither the wealth statement was filed by the assessee and until and unless there was record available in the shape of wealth statement/wealth tax return or admission by the assessee regarding his assets at the end of the assessment years how it could be held that there was concealment on simple complaint and direction of any Income-tax Authority---Provisions of Ss. 65 & 13 of .the Income Tax Ordinance, 1979 were not attracted at all and a case of concealment could not be made and legally held valid in the eyes of law---Appellate Tribunal held that the Department had no legally valid…

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