| Citation(s) |
|---|
| 2005 SLG 23 2005 SLD 23 2005 PTD 237 (2005) 91 TAX 90 |
Income Tax Appellate Tribunal
I.T.As. Nos. 1101/LB of 2001 and 1102/LB of 1997, decision dated: 24-06-2004, hearing DATE : 5-05-2004
JAWAID MASOOD TAHIR BHATTI, JUDICIAL MEMBER AND RAJA SIKANDAR KHAN, ACCOUNTANT MEMBER
M. Iqbal Hashmi for Appellant (in I. T. A. No. 1101/LB of 2001). Sabiha Mujahid, D.R. and Shahid Jamil, L.A. for
Respondent (in I.T.A. No. 1101/LB of 2001). Sabiha Mujahid, D.R. and Shahid Jamil, L.A. for Appellant (in I. T. A. No. 1102/LB of 1997). M.
I.T.As. Nos. 1101/LB of 2001 and 1102/LB of 1997, decision dated: 24-06-2004, hearing DATE : 5-05-2004
JAWAID MASOOD TAHIR BHATTI, JUDICIAL MEMBER AND RAJA SIKANDAR KHAN, ACCOUNTANT MEMBER
M. Iqbal Hashmi for Appellant (in I. T. A. No. 1101/LB of 2001). Sabiha Mujahid, D.R. and Shahid Jamil, L.A. for
Respondent (in I.T.A. No. 1101/LB of 2001). Sabiha Mujahid, D.R. and Shahid Jamil, L.A. for Appellant (in I. T. A. No. 1102/LB of 1997). M.
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Law: Income Tax Ordinance, 1979
Section: 62,65,66,66A,134,156
Law: Income Tax Rules, 1982
Section: 94,94(2)
Income Tax Act (XXXI of 1979)].....Ss.62, 65, 66-A, 134 & 156---Income Tax Rules, 1982, R.94(2)---Re-opening of assessment---Amortization of expenses---Original assessment for the assessment year 1992-93 was set aside on 3-3-1996, re-assessment was completed and Assessing Officer had re-opened case under S.65 of Income Tax Ordinance; 1979 by issuing notice to assessee---Original assessment was framed under S.62 of Income Tax Ordinance, 1979 after examining and considering all facts of the case and explanation offered by assessee and no omission or suppression of material evidence regarding gratuity payment was .found by Assessing Officer---In computation of income, assessee had claimed expenses under the head "gratuity payment" which assessee had in fact paid to the trustees of Employees Gratuity Fund Trust---Assessing Officer could rectify and disallow claim by an order under S.156 of Income Tax Ordinance, 1979, if there was any excessive claim by assessee, as matter was a simple issue of admissibility or inadmissibility of expense and did not call for resorting to action under S.65 of Income Tax Ordinance, 1979---Material available on record could not be used for-re-opening of assessment as same would amount to change of opinion which was not permitted under law---Once assessment was completed and had attained finality, Assessing Officer could not exercise jurisdiction to revise assessment in the garb of re-opening of assessment under S.65 of Income Tax Ordinance, 1979---Assessing Officer had re-opened case on basis of record which was already available and no definite information was available on basis of which already completed assessment could be re-opened---Impugned order of Commissioner Income Tax (A) and order passed by Assessing Officer under S.65 of Income Tax Ordinance, 1979 were vacated in appeal filed by assessee---Department in its appeal had objected to direction of Commissioner Income Tax (A) allowing in toto the expense on account of Golden Shake Hand without its spreading over a period of three years under process of amortization---Commissioner Income Tax (A) had made directions, as there was no concept of amortization of expenses in…
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