Law:

Section:

(a) Income Tax Ordinance (XLIX of 2001)--- ----Ss. 184, 182, 122, & 39---Penalty for concealment of income---Interest income---Statement-for export proceeds was filed---Assessee was confronted for non-disclosure of interest income---Return declaring interest income with tax deduction at source was filed---Assessment framed was not contested in appeal but when penalty was imposed on concealment for submitting inaccurate particulars, the illegality of imposition of penalty was challenged---Assessee contented that no concealment or submission of inaccurate particulars had taken place as matter of late filing of return had been made liable to concealing or submitting inaccurate particulars which was not legally correct---Penalty could have been imposed for late filing---Total amount of bank interest had been assessed under S. 39 of the Income Tax Ordinance, 2001 by adding to it the imputable income calculated on work back-basis on the tax deducted from export realization, which was illegal and levying penalty on the basis of such illegal order would also result into illegal imposition of penalty---Validity---Assessee after confronting on not declaring the bank profit had immediately filed the Income Tax Return where tax had already been deducted at source meaning thereby that no loss of revenue took place as amount of tax was already with the taxation authorities awaiting its adjustment---Taxation Officer had failed to prove that such act of appellate-assessee amounted to concealment or submission of inaccurate particulars; secondly, it was a case of late filing of Return for which the penalty had to be imposed under S. 182 of the Income Tax Ordinance, 2001 and not for the acts as specified in S. 184 of the Income Tax Ordinance, 2001---Order passed under S.184 of the Income Tax Ordinance, 2001 was patently illegal, void ab initio which was annulled by the Appellate Tribunal. (b) Income Tax Ordinance (XLIX of 2001)--- ---S.122---Amendment of assessment---Notice captioned as under S.122(1) of the Income Tax Ordinance, 2001, omitting a statutory notice under subsection (9) of S. 122 of the Income Tax Ordinance, 2001, debars amending or further amending any…

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