Law:

Section:

Wealth Tax Act (XV of 1963)--- ----Ss. 35 & 45-A---Income Tax Ordinance (XXXI of 1979), S. 134---Assessment, annulment of---Appeal to Income Tax Appellate Tribunal---Assessment proceedings were finalized by Taxing Officer whereas it had to be taken up and decided by Wealth Tax Officer---Wealth tax assessment and income tax assessment were governed separately under Wealth Tax Act, 1963 and Income Tax Ordinance, 1979 respectively---Wealth tax assessments could not be taken up or finalized by the Taxation Officer---Assessee had come in appeal against the Income Tax Officer before Commissioner Wealth Tax (Appeal) with additional ground that assessment made by Taxation Officer was illegal, without jurisdiction, void ab initio and liable to annulment---Commissioner Wealth Tax annulled assessment---Revenue was unable to point out any flaw in order of first Appellate Authority---Order of Commissioner Wealth Tax being legal was upheld. 1999 PTD (Trib.) 4026 and 1997 PTD 821 ref. JUDGMENT MUHAMMAD TAUQIR AFZAL MALIK, JUDICIAL MEMBER.---This is an appeal by the Revenue against the order of CWT(A)-I, Faisalabad, dated 2-12-2003. They have agitated that CWT(A) erred in annulling the assessment order on the ground that it was made by the Taxation Officer instead of a Wealth Tax Authority ignoring the fact that the powers of both wealth tax and income tax assessment authorities have been vested in the same person. That the learned CWT(A) Faisalabad has erred in annulling the assessment merely on the basis of a mistake which is not of a substantial nature prejudicially affecting an assessee and is only a mistake…

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