| Citation(s) |
|---|
| 2007 SLG 10 2007 SLD 10 2007 PTD 379 |
Income Tax Appellate Tribunal
M.A. (AG) No. 562/LB of 2006 and I.T.A. No.3350/LB of 2005, decision dated: 26-06-2006
EHSAN-UR-REHMAN, JUDICIAL MEMBER AND NASEER AHMAD, ACCOUNTANT MEMBER
Siraj-ud-Din Khalid for Appellant AND S. Ashraf Ahmad Ali for
Respondent
M.A. (AG) No. 562/LB of 2006 and I.T.A. No.3350/LB of 2005, decision dated: 26-06-2006
EHSAN-UR-REHMAN, JUDICIAL MEMBER AND NASEER AHMAD, ACCOUNTANT MEMBER
Siraj-ud-Din Khalid for Appellant AND S. Ashraf Ahmad Ali for
Respondent
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Law: Income Tax Ordinance, 1979
Section: 24,24(c),134
Income Tax Ordinance (XXXI of 1979)--Ss. 24(c) & 134---Addition---Appeal to Appellate Tribunal---All necessary details were provided which were acknowledged by Assessing Officer---Deputy Commissioner of Income Tax who was author of impugned order, without confronting a single instance of inadmissibility disallowed certain amounts in a very bald mam1er---No justification was left with Deputy Commissioner of Income Tax to make additions. 2005 PTD 1157 rel. ORDER Before taking up the main appeal the learned AR for the assessce argued on the admissibility of following additional ground because this go to the root of the cases: "That the learned CIT(A) was not justified to set aside the case for the de novo deliberation proceeding on estimate of receipts for commission and other income instead of deletion of addition made, as notice under proviso to section 62(1) was not issued giving his mind to reject and estimate the receipts." 2. We have perused the impugned assessment order and we have observed that books of account were not produced by the assesses, hence they were not examined, therefore, when there were no books of account available before the Assessing Officer, this grievance of the assessee appellant does not arise from the assessment order, hence were declined to entertain the additional ground. 3. With regard to he original ground of appeal the learned AR for the assessee-appellant stated that in a reported case cited as 2005 PTD 1157 a Division Bench of the Hon'ble Lahore High Court in an identical ease allowed the relief to Messrs Royal Travel Service (Pvt.) Limited, Faisalabad. On the other hand, the DR on…
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