| Citation(s) |
|---|
| 2008 SLG 93 2008 SLD 93 2008 PTD 523 |
Federal Tax Ombudsman
Complaint No. C-744-L of 2005, decision dated: 19-07-2005
, JUSTICE (RETD.) MUNIR A. SHAIKH, FEDERAL TAX OMBUDSMAN
Muhammad Sirjees Nagi, Advisor, Dealing Officer. Muhammad Ajmal Khan for the Complainant. Muzammil Hussain, (IAC) for
Respondents
Complaint No. C-744-L of 2005, decision dated: 19-07-2005
, JUSTICE (RETD.) MUNIR A. SHAIKH, FEDERAL TAX OMBUDSMAN
Muhammad Sirjees Nagi, Advisor, Dealing Officer. Muhammad Ajmal Khan for the Complainant. Muzammil Hussain, (IAC) for
Respondents
GHULAM MUHAMMAD, BAWARCHI
VS
SECRETARY, REVENUE DIVISION, ISLAMABAD and others
Law: Income Tax Ordinance, 2001
Section: 122
Law: Federal Tax Ombudsman Ordinance, 2000
Section: 2(3)
Law: Income Tax Ordinance, 1979
Section: 63,132
Federal Tax Ombudsman's Investigation and Disposal of Complaints Regulation, 2001---Regln. 23(vi)---Income Tax Ordinance (XXXI of 1979), Ss.63 & 132---Income Tax Ordinance (XLIX of 2001), S.122A---Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), S.2(3)---Close of complaint---Ex parte assessment was set aside under S.122A of the Income Tax Ordinance, 2001---Parties confirmed that the impugned order had been set aside redressing the grievance of the complainant/assessee---Complaint was closed by the Federal Tax Ombudsman under Regulation 23(iv) of the Federal Tax Ombudsman' Investigation and Disposal of Complaints Regulation, 2001. FINDINGS/DECISION JUSTICE (RETD.) MUNIR A. SHAIKH, (FEDERAL TAX OMBUDSMAN).---The complainant, an individual, derives income from cooking rice at Data Darbar, Lahore. He commenced his business on 15-7-1999 after getting a shop on rent. The Taxation Officer, Circle 04, Zone C, Lahore issued a notice to the complainant under section 56 of the repealed Income Tax Ordinance, 1979 for the assessment years 1996-97 to 1999-2000. In response to the statutory notices the complainant filed rent deed dated 15-7-1999 and certificate from Anjuman-a-Tajran to prove that he had commenced business with effect from 15-7-1999. The Taxation Officer did not rely on the rent deed and the certificate & finalized assessment under section 62 of the repealed Ordinance as under:- Asstt. Year Income assessed. 1996-97 Rs.9,50,000 1997-98 Rs.11,90,000 1998-99 Rs.14,00,000 1999-2000 Rs.15,80,000 2. Aggrieved from the assessment order the complainant…
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