Law: Income Tax Ordinance, 1979

Section: 13,13(2)

Income Tax Ordinance (XXXI of 1979)----S.13 [as stood before its amendment by Finance Act (VII of 1992)]---Addition to declared income of assessee on basis of increase in or re-determination of value of any property or valuable article---Essentials---Two separate and independent prior approvals of Inspecting Assistant Commissioner would be required for making such addition---Provision for obtaining second approval required by S.13(2) of Income Tax Ordinance, 1979 was deleted by Finance Act, 1992. C.I.T. v. Muhammad Kassim 2000 PTD 280; CIT v. Messrs East Pakistan Chrome Lahore 2001 PTD 2312 and CIT Lahore v. Punjab Cooking Oil Limited 2001 PTD 2161 fol. ORDER The Income Tax Appellate Tribunal by order, dated 28-1-1990 allowed Respondent's Appeal bearing I.T.A. No. 988/KB of 1987-88 (Assessment year 1986-87) on the ground that two approvals of the Inspecting Assistant Commissioner (IAC) had not been obtained under section 13 of the Income Tax Ordinance, 1979 in respect of additions made by the Assessing Officer. The Commissioner of Income Tax Companies-I filed Reference Application No. 256/KB of 1989-90 under section 136(1) of the Income Tax Ordinance, which was rejected by the Income Tax Appellate Tribunal by order dated 31-10-1990. Being aggrieved by the said order of the Tribunal, the Commissioner has filed this application under section 136(2) of the Income Tax Ordinance proposing the following question of law, which according to him arises out of the order of the learned Tribunal, for our opinion: "Whether on the facts and in the circumstances of the case, the learned Tribunal was justified in cancelling the additions of Rs.400,000 and Rs.683,500 made under section 13(1)(d) and penalty under section 111 of Income Tax Ordinance, 1979 respectively holding that only one approval under section 13(2) was obtained from I.A.C. whereas the 2nd approval under section 13(1) was also necessary which the I.A.C. while approving the draft assessment order is deemed to have given under Income Tax Ordinance, 1979?" Mr. Jawaid Farooqui, learned counsel for the Applicant vehemently contended that the entire section 13 of the Income Tax Ordinance must be read and interpreted…

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