Law: Income Tax Ordinance, 1979

Section: 23,25(c),62,62(1),proviso,132

Law: Constitution of Pakistan, 1973

Section: 187(i)

(a) Income-tax----- ----Proceedings----Legal issue---Issue being purely legal in nature can be raised at any stage of proceedings. 1999 SCMR 1072 rel. (b) Income Tax Ordinance (XXXI of 1979)----- ----S. 62, proviso---Confrontation of defects in the books of accounts was not necessary for the assessment year commencing prior to 1-7-1993. 1996 PTD 263 rel. (c) Income Tax Ordinance (XXXI of 1979)--- ----Ss. 62, proviso & 132---Assessment or production of books of accounts, etc.---Addition was made without confronting the defects in the books of accounts---Validity---Additions made to the declared results were not maintainable as the mandatory provision of law for issuance of notice under S.62 of the Income Tax Ordinance, 1979 was not fulfilled and the same was deleted by the Appellate Tribunal. (1999) 79 Tax 263; (1984) 50 Tax 44; (2002) 85 Tax 21; (1999) PCTLR 1098; I.T.A. No.927/LB of 1998; I.T.A. No.6300/LB of 1995; (1967)16 Tax 34 (H.C. Kar.) and PTD (Trib.) 424 rel. (d) Income-tax----- ----Rejection of accounts---History---Assessing Officer was justified is discarding the declared trading results and estimating and applying G.P. rate of 25 % on the basis of facts as well as assessee's history of rejection of accounts ---G.P. rate applied as per history, was upheld by the Appellate Tribunal---A bit excessive estimated sales was reduced in view of the history. I.T.A. No.7109/LB of 1996 and I.T.A. No.7956/LB of 1996 rel. (e) Income Tax Ordinance (XXXI of 1979)----- ----S. 23---Deductions---Financial charges---Disallowance. under the head of financial charges would need proper verification in view of assessee's plea that the matter was in dispute with the Banking Authorities---Issue was set aside for de novo decision after providing an opportunity of being heard to the assessee and ascertaining the facts' of the case. (f) Income Tax Ordinance (XXXI of 1979)--- ----S. 25(c)---Amounts subsequently recovered in respect of deductions, etc.---Addition made under S.25(c) of the Income Tax Ordinance, 1979 having not been pressed before the First Appellate Authority, the same was not adjudicated upon by the Appellate Tribunal as same did not arise from the order of…

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