Law: Income Tax Ordinance, 1979

Section: 12(18),27(2)(a)(ii)(b),56,61

Income Tax Ordinance (XXXI of 1979)---Ss. 12(18), 27(2)(a)(ii)(b), 56 & 61---Income deemed to accrue or arise in Pakistan---Returns declaring nil business income and capital assets gain exempt under S.27 (2)(a)(ii)(b) of the Income Tax Ordinance, 1979 gifted by the husband of the of the assessee were filed in response to notice under Ss. 56 and 61 Income Tax Ordinance, 1979---Affidavit of husband of the assessee was also filed---Claim regarding exemption was rejected for the reason that the gift had not been received through banking channel and addition under S.12(18) of the Income Tax Ordinance, 1979 was made---Validity---Purpose of S.12(18) of the Income Tax Ordinance, 1979 was to check the back dated fictitious transactions and S.12(18) of the Income Tax Ordinance, 1979 was not applicable in valuable transactions---Donor, the husband of the assessee, had filed an affidavit and the Taxation Officer or the First Appellate Authority had not doubted the contents of the affidavit filed by the donor---No justification was available for the addition made under S.12(18) of the Income Tax Ordinance, 1979---Order of the First Appellate Authority as well as one passed by the Taxation Officer under S.62 of the Income Tax Ordinance, 1979 were vacated and the addition made under S.12(18) of the Income Tax Ordinance, 1979 was deleted by the Appellate Tribunal. 2002 PTD 63 and I.T.As. Nos. 2397 and 2398/LB of 2001 ref. Vol. 9 No.8 Tax Forum 25 rel. ORDER Through this appeal, the appellant has objected to the impugned order of the learned CIT(A), dated 24-9-2002 for the assessment year 1999-2000 upholding the addition made by the Taxation Officer under section 12(18) of the repealed Income Tax Ordinance, 1979. The assessee, in this case, is admittedly a Parda Nasheen household lady. The proceedings in this case were initiated by the Taxation Officer on the basis of complaint against Sheikh Muhammad Ilyas, husband of the assessee. It was alleged that the present appellant/assessee Mst. Rahat Ilyas has purchased a plot. Notices under sections 56 and 61 were issued and the appellant filed returns declaring nil business income and capital assets gain exempt under section…

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