Law: Income Tax Ordinance, 1979

Section: 11.2(44),13,62,63,59(1)

Income Tax Ordinance (XXXI of 1979)----Ss. 11. 2(44), 13, 62, 63 &- 59(1)---Total income ---Scope--­Assessment on production of accounts, evidence etc. ---Self-assessment--­Total audit---Declaration of capital by availing benefit provided by Self-Assessment Scheme---Probe---Assessment---First Appellate Authority cancelled the order with direction that capital declared by the assessee could not be probed---Validity---Once a case was selected for total audit the provisions of Income Tax Ordinance, 1979 including its Ss.62 & 63 of the Ordinance came into operation---Under S.62 of the Income Tax Ordinance, 1979, the Department was to assess the "total income" and "total income" includes income from all sources---Section 2(44) of the Income Tax Ordinance, 1979 defines total income `and S.11 defines the scope of total income and once an assessee is selected for normal assessment in consequence to the selection for total audit, the provisions of S.11 of the Income Tax Ordinance., would apply -in all fours--Department had rightly invoked the provisions of S.13 of the Income Tax Ordinance, 1979, as the assessee could not explain the sources of the capital employed in business---Appellate Tribunal directed the Assessing Officer to give a chance to the assessee to review his claim regarding capital as he had shown the figure- of capital to avail the benefit provided by Self-Assessment Scheme and once he was deprived of the same, he should also be allowed to review his claim---Matter was set aside with the direction that Assessing Officer shall allow the assessee redetermine his claim regarding capital---If the assessee still insists upon the amount of capital/wealth he had shown earlier, the Assessing Officer shall be at liberty to assess the same keeping in view the sources and explanation filed by the assessee in support thereof. I.T.A. No.3074/LB of 1995 rel. ORDER KHAWAJA FAROOQ SAEED (JUDICIAL MEMBER).---These appeals are filed by the Department against the order of the A.A.C. The issue involved is directions to accept the capital declared by the assessee. The learned D. R. says that once a case is selected for total audit the provisions of Income Tax…

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