Law: Federal Tax Ombudsman Ordinance, 2000

Section: 2(3)

Law: Income Tax Ordinance, 1979

Section: 65

Income Tax Ordinance (XXXI of 1979)].....S. 65 Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), S. 2(3) Additional assessment Assessee was a company Nil income was assessed on the basis of affidavit that no business was conducted by the company Proceeding under S.65 of the Income Tax Ordinance, 1979 for additional assessment were initiated on the basis of Balance Sheet and Profit & Loss Account prepared by the Chartered Accountant and assessment was framed accordingly Assessee contended that accounts obtained from a Chartered Accountant were not signed by any Director or official of the Complainant/company and these could not be called as `definite information' which was mandatory to initiate additional assessment proceedings Validity Authenticity had to be attached to the information supplied by a Chartered Accountant by way of statement of accounts and the Balance Sheet Proceedings were initiated as far back as 1999, and till today the Complainant/assessee had not accused the Chartered Accountant of any professional misconduct before any appropriate authority like the Security and Exchange Commission or the Institute of Chartered Accountants in Pakistan -There appeared no "maladministration" because the Department was in possession of `definite information' in the shape of systematically prepared Statement of Accounts and the Balance Sheet which were claimed by the Author as having the support of books of accounts revealing dealing in pesticides of which the profit had been subjected to tax after fulfilling the prescribed legal requirements precedent to the initiation of proceedings and by confronting the Complainant as required by law Complaint being without merit was closed by the Federal Tax Ombudsman. (1993) 68 Tax 1 ref. DECISION/FINDINGS The Complainant is a company formed to carry on manufacturing and sale of pesticides. It is aggrieved by the initiation of proceedings for Additional Assessment under section 62/65 for the assessment year 1996 97 which are said to be in violation of law and a product of "maladministration". 2. The brief facts are that the assessment for the year 1996 97 was framed under section 62 on 30 6…

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