Law: Income Tax Ordinance, 1979

Section: 62,129

Law: Contract Act, 1872

Section: 10,14,19

Law: Survey For Documentation of National Economy Ordinance, 2000

Section: 302(2)

(a) Income Tax Ordinance (XXXI of 1979)----S.62---Survey for Documentation of National Economy Ordinance (XV of 2000), Preamble---Assessment on production of accounts, evidence etc.---Assessee was confronted by issuing notice under S.62 of the Income Tax Ordinance, 1979 whereby proposed estimated sales were based on local inquiry report---After lapse of almost two years from the date of issuance of the first notice, the assessee was once again confronted with higher sales viz. the earlier one on the ground that assessee had agreed before the Survey Team to be assessed at such sales---Validity---No implicit reliance could be placed on the contents recorded in the Survey Form, which could merely be considered a piece of information having some evidentiary value and nothing more---Contents recorded in Survey Form had no binding force, reason being usually and generally extent of business in each and every case was adjudged considering the multidimensional factors---Agreement recorded in the Survey Form on the point of estimation of sales was brushed aside by the Appellate Tribunal for purpose of disposal of appeal. (b) Income Tax Ordinance (XXXI of 1979)--- ----S.129---Appeal to the Appellate Additional Commissioner---Remand of case---Case should have not been remanded where neither the new facts were required to be brought on record nor there was a case of further inquiry or investigation. (c) Survey For Documentation of National Economy Ordinance (XV of 2000)--- ----S.302(2)---Contract Act (IX of 1872), Ss. 10, 14 & 19---Filing of questionnaire---Agreement of sales---Voidable contract---Section 10 of the Contract Act, 1872, provided that only those agreements had binding force which were made by free consent of the parties---Under S.14 of the Contract Act, 1872, the consent could only be said to be free if it was not caused by coercion and undue influence---Agreement of sales made with Survey Team was voidable contract being caused by coercion and undue influence as had been envisaged in S.19 of the Contract Act, 1872---Sales agreed in Survey Form lacked legal sanctity. (d) Income Tax Ordinance (XXXI of 1979)--- ----S.62---Assessment on production of…

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