Law: Income Tax Ordinance, 1979

Section: 108,116,62

Income Tax Ordinance (XXXI of 1979)---Ss. 108(a), 116 & 62---Penalty for failure to furnish return of total" income and certain statements---Limitation---Penalty imposed by the Taxation Officer after lapse of eight years, which was also barred by time due to mandatory provisions of law, had rightly been deleted by the First Appellate Authority---Order was not interfered by the Appellate Tribunal in circumstances. 2004 PTD (Trib.) 1218; 1994 PTD 199 and (1997) 35 Tax 39 rel. ORDER Through this appeal, the appellant has objected to the impugned order of the learned C.LT. (A), dated 26-7-2005 for the assessment year 1994-95 deleting the penalty imposed under section 108(a) of the repealed Ordinance, 1979. None has appeared on behalf of the assessee/respondent. We have, however, found that the learned C.I.T. (A) has deleted the penalty, as notice under section 116 of the repealed Ordinance, 1979 was issued on the basis of cognizance of the assessment order under section 62 passed on September, 11, 1995, which is after lapse of eight years, which is against the mandatory requirement of law i.e. section 116 of the Ordinance, 1979, which provides that "Where a notice of hearing is given on or after the first day of July, 1990, no order of penalty shall be passed after the expiration of two years from the end of the financial year in which the said notice was…

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