Law: Income Tax Ordinance, 1979

Section: 23(1),62

(a) Income Tax ----Past history---Rejection of trading results---Assessee contended that Taxation Officer had rejected the books version on the basis of previous history which had already been modified by the High Court, the same treatment should be made for the year---Validity---Taxation Officer rejected declared trading results on the basis of history---First Appellate Authority had already mentioned the history of the case---Position of maintaining the amount and other relevant fact remained the same---Appellate Tribunal directed that trading version declared by the assessee be accepted as there was no justification for rejection of the same. ITRA No. 580 of 2006 rel. (b) Income Tax Ordinance (XXXI of 1979)----S.62---Assessment on production of accounts, evidence etc.---Non-confrontation on the issue---Addition on account of payment received from parent company---Assessee contended that he was not confronted on the issue and referred assessment order as well as notice sent by the Taxation Officer under S.62 of the Income Tax Ordinance, 1979 in that regard---Validity---Neither in the assessment order it had been mentioned that the assessee had been confronted in that regard nor in the notice under S.62 of the Income Tax Ordinance, 1979 the query had been made by the Taxation Officer from the assessee---Addition was deleted by the Appellate Tribunal in circumstances. (c) Income Tax --- ----Addition---Other income---Assessee contended that similar addition made in the previous years had been deleted by the Appellate Tribunal--In view of settled position the addition on account of other income was deleted by the Appellate Tribunal. (d) Income Tax--- ----Disallowance out of repair and maintenance expenses---Following the decision of Appellate Tribunal and history of the case Appellate Tribunal directed that such expenses be restricted to 25% of the claim as in similar circumstances disallowance was reduced in the previous assessment year by the Appellate Tribunal---Disallowance out of other expenses was also set aside for fresh consideration as the similar disallowance made in the previous year was set aside---Taxation Officer was directed to pass fresh order in…

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