| Citation(s) |
|---|
| 2004 SLG 210 2004 SLD 210 2004 PTD 259 (2003) 88 TAX 368 |
Income Tax Appellate Tribunal
I.T.As. Nos. 1383/LB and 2153/LB of 2002, decision dated: 20-08-2003, hearing DATE : 16-05-2003
KHAWAJA FAROOQ SAEED, JUDICIAL MEMBER AND IMTIAZ ANJUM, ACCOUNTANT MEMBER
Mir Ahmed Ali for Appellant (in I.T.A. No. 1383/LB of 2002) Muhammad Arif, D.R. and Sardar Jamal Ahmed Sukhera for
Respondent (in I. T. A. No. 1383/LB of 2002) Muhammad Asif, DR and Sardar Jamal Ahmad Sukhera, Legal Advisor for Appellant (in I.T.A. No.
I.T.As. Nos. 1383/LB and 2153/LB of 2002, decision dated: 20-08-2003, hearing DATE : 16-05-2003
KHAWAJA FAROOQ SAEED, JUDICIAL MEMBER AND IMTIAZ ANJUM, ACCOUNTANT MEMBER
Mir Ahmed Ali for Appellant (in I.T.A. No. 1383/LB of 2002) Muhammad Arif, D.R. and Sardar Jamal Ahmed Sukhera for
Respondent (in I. T. A. No. 1383/LB of 2002) Muhammad Asif, DR and Sardar Jamal Ahmad Sukhera, Legal Advisor for Appellant (in I.T.A. No.
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Law: Income Tax Ordinance, 1979
Section: 13,65,SecondSched.,13(1)(a),(b),(c),(d), (e)
(a) Income Tax Ordinance (XXXI of 1979)---Ss. 13, first proviso, 65 & Second Sched., Part IV, Cl. (7)---Finance Ordinance (XXV of 1980)---Finance Act (VI of 1987)---Finance Ordinance (XXI of 2000)---C.B.R. Circular No.7(29) S. Asstt/96, dated 7-1-2002---Unexplained investment etc., deemed to be income--Additional assessment---Assessment year 1996-97---Issuance of notice under S.65 of the Income Tax Ordinance, 1979 for 18-5-2001 with the permission of Inspecting Additional Commissioner vide Order-sheet entry, dated 17-5-2000---Assessee contended that first proviso to subsection (1) of S.13 of the Income Tax Ordinance, 1979 was kept in abeyance vide Cl. (7) in Part IV of the 2nd Sched. and it was omitted by Finance Ordinance, 2000 thus, the same could not be applied earlier---Validity---Assessing Officer from 1-7-2000 to 30-6-2001 after which the Income Tax Ordinance, 2001 was promulgated were equipped with proviso to S.13 of the Income Tax Ordinance, 1979---Reopening under S.65 of the Income Tax Ordinance, 1979 having been made earlier to 30-6-2000 and. the addition being on 30th of June, 2001 was fully covered by the proviso of S.13 of the Income Tax Ordinance, 1979 as the law had come into operation during the period 1-7-2000 to 30-6-2001. (b) Interpretation of statutes--- ---- Law as is obtaining on the date of notice holds precedence on the laws, which come into force subsequently. (c) Income Tax Ordinance (XXXI of 1979)--- ----Ss. 13 first proviso, 65 & Second Sched., Part IV, Cl. (7)---C.B. R. Circular No. 7(29) S. Asstt/96, dated 7-1-2002---Unexplained investment etc. deemed to be income---Additional assessment---Assessment year 1996-97---Addition---Notice under S.65 of the Income Tax Ordinance, 1979 was issued in the assessment year 2001-2002 while the addition was made in the assessment year 1996-97---Validity---Proviso to S.13 had become operative during the continuation of the proceedings, but legally it was not operative on the day the notice was served upon the assessee--Even otherwise the language of the said proviso did not leave any room for its addition for the assessment year 1996-97 on the basis of notice issued on…
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