Law: Wealth Tax Act, (XV of 1963)

Section: 16,17B,16(3),SecondSched.,Cl..(12(2))

Wealth Tax Act (XV of 1963)---Ss.17-B, 16(3) & Second Sched., Cl. .(12(2))---Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000). Ss.2(3) & 9---Powers of Inspecting Assistant Commissioner of Wealth Tax to revise Deputy Commissioner's order---Exemption---Two joint shops--­Assessment was framed under Ss.16(3)/17B of the Wealth Tax Act, 1963 in pursuance to the order passed by the Appellate Tribunal---Show-cause notice was issued again under S. 17B of Wealth Tax Act, 1963 for cancellation of assessment on the ground that exemption allowed to one shop was never occupied by complainant for his own business as it was demolished and 15 new shops were constructed and afterwards sold out---Validity---No efforts were. made by the Department to verify the date of demolition of shop---Inspecting Additional Commissioner hurriedly issued show-cause notice for cancellation of the assessment framed in pursuance of the order passed by the Appellate Tribunal--­Action by the Inspecting Assistant Commissioner to issue show-cause notice was without lawful authority .particularly when the assessment order framed by the Assessing Officer under Ss.16(3)/17-B of the Wealth Tax Act; 1963, had been passed to implement the decision made by the Appellate Tribunal---If the Department felt that. the decision by the Appellate Tribunal was based on wrong reporting of fact, a review or recall request could be made to the Tribunal---Action by the Inspecting Assistant Commissioner was contrary to law and fell within the definition of "maladministration" as per S.2(3) of the Establishment of Office of Federal Tax Ombudsman Ordinance, 2000---Federal Tax Ombudsman recommended that the notice under S.17-B of the Wealth Tax Act, issued by the Inspecting Assistant Commissioner be withdrawn. DECISION/FINDINGS The complainant has been running business at 18-Hall Road, Lahore in his individual capacity under the name and style of Prince Radio Service. The shop measured 233 sq.ft. and its value in the Wealth Tax Returns was declared at Rh.10,000 up to year ended 30-6-1996 (i.e. and .year 1996-97). In the year ended 30-6-1997 and 30-6-1998 (relevant to assessment years 1997-98…

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