Law: Income Tax Ordinance, 1979

Section: 62

Law: General Clauses Act, 1897

Section: 24A

Income Tax Ordinance (XXXI of 1979)].....Section 62---C.B.R. Letter C. No. 1(49)-II/76 dated 16-9-1976---C.B.R. Letter C. No.1(23), IT-1/77 dated 1-1-1977---No account case---Rejection of declared version---Notice to assessee for estimated income--Necessity---Held, although notice under S.62, Income Tax Ordinance, 1979 was not mandatory in "no account case", yet Deputy Commissioner of Income Tax was bound to hear the assessee and confront him on his proposed estimate---Principles. C.I.T. v. Sher Muhammad Tax Ref. 3 of 2006; Seth Gurmukh Singh and another v. Commissioner of Income Tax Punjab (1994) 12 ITR 393 H.C. Lahore; Gunda Subbayya v. C.I.T. Madras (1939) 7 ITR 21 and Commissioner of Income Tax v. Khemchand Ramdas (1940) 8 ITR 159 Lah. ref. (b) Income Tax Ordinance (XXXI of 1979)--S. 62---General Clauses Act (X of 1897), S.24-A--No account case---Rejection of declared version---Notice to assessee for estimated income---Necessity----Held, power to pass an order or give any direction conferred on authority, has to be exercised reasonably, fairly, justly and for the advancement of the purpose of the relevant enactment---Order passed against an assessee, detrimental to his interest without providing him an opportunity of presenting his case can, in no manner be termed as having passed fairly and justly---Income Tax Appellate Tribunal, in circumstances, was justified in holding that specific notice under S.62, Income Tax Ordinance, 1979 was to be issued in no account case---Principles. C.I.T. v. Sher Muhammad Tax Ref. 3 of 2006; Seth Gurmukh Singh and another v. Commissioner of Income Tax Punjab (1944) 12 ITR 393 H.C. Lah.; Gunda Subbayya v. C.I.T. Madras (1939) 7 ITR 21 and Commissioner of Income Tax v. Khemchand Ramdas (1940) 8 ITR 159 ref. ORDER The assessee derives income as jeweller/Zargar and filed his return declaring income at Rs. 1,59,200 inclusive of property income at Rs.13,200. The case was processed for total audit. The books of accounts were not produced, therefore, declared version was rejected and business income was assessed at Rs.1,32,702, while property income was assessed at Rs.19,200 against declared income at Rs.13,200. Net income was thus…

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