Law: Income Tax Ordinance, 1979

Section: 12,12(18),12(18A),13(1),62

(a) Islamic Law--Gift---Affidavit---Documentary evidence---Sufficient documentary evidence was available in the shape of affidavit in which all the three requisites of a valid gift had been completed, statement of donor recorded by the Assessing Officer and letter of Tehsildar to prove that a sum had been gifted by the donor to his sister---Gift was discarded without assigning any reason in circumstances. (b) Islamic Law--- ----Gift---Effect of non-registration of documents required to be registered---Gift was complete when there was a declaration of gift by the donor, acceptance of, gift, express or implied by or on behalf of the donee and delivery of possession of the subject of the gift by the donor to the donee---Unregistered gift deed, notwithstanding S.49 of Registration Act, 1908 was admissible in evidence---Donor and the donee being brother and sister were governed by Islamic law and the registration of the document was not sine qua non for validity of the gift. Muhammadan Law by Mulla ref. (c) Income Tax Ordinance (XXXI of 1979)---S. 12(18)-C.B.R. Circular No.3 of 1992, dated 27-1-1992---C.B.R. Circular No. 11 of 1992, dated 4-5-1992---C.B.R. Circular No.12 of 1992, dated 19-5-1992---C.B.R. Circular No. 1 of 1993, dated 11-1-1993---Gift of cash amount---Validity---Income deemed to accrue or arise in Pakistan---Transfer without banking transaction---Due to insertion of Subsection (18) of S.12 of the Income Tax Ordinance, 1979 certain difficulties had arisen for the assessee---Central Board of Revenue, in order to facilitate the assessee, made certain relaxation by issuing Circulars Nos. 3, 11 and 12 of 1992 and Circular No. 1 of 1993---Since transaction which took place through gift was duly verified by the Assessing Officer not only by recording statement of donor, but by the letter of Tehsildar also, such transfer could be made without banking transaction. (d) Income Tax Ordinance (XXXI of 1979)--- ---Ss. 13(1) & 12(18)---Unexplained investment etc. deemed to be income---Explanation regarding source of investment---Assessee had given plausible explanation that a sum of Rs.10,00,000 was gifted to her by her brother---Donor and assessee had Foreign…

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