Law: Income Tax Ordinance, 1979

Section: 13(1)(aa),62,65

Law: Qanun-e-Shahadat (10 of 1984)

Section: 114

(a) Income Tax Ordinance (XXXI of 1979)----Ss.13(1)(aa), 62 & 65---Unexplained investment etc., deemed to be income---Addition was deleted by the First Appellate Authority by observing that "the amount of addition had been duly approved by the Inspecting Additional Commissioner but notices under S.13(1)(aa) of the Income Tax Ordinance, 1979 did not fulfil the requirements of law being in the nature of notices under Ss.65/62 of the Income Tax Ordinance, 1979---Assessing Officer confronted different amounts as compared to the actual additions made in the orders and under varying subsections of S.13(1) of the Income Tax Ordinance, 1979, as such notice under S.62 of the Income Tax Ordinance, 1979 was not a substitute for notice under S.13(1)(aa) of the Income Tax Ordinance, 1979---Validity---Notices required under S.13 of the Income Tax Ordinance, 1979 had been properly served and there was nothing on record to enable the First Appellate Authority to record his finding that notice under S.62 of the Income Tax Ordinance, 1979 was not a substitute of notice under S.13 of the Income Tax Ordinance, 1979---Finding of First Appellate Authority was based on incorrect facts ignoring the order of Assessing Officer---Argument that no notice under S.13 of the Income Tax Ordinance, 1979 had been issued was not traceable besides being contrary to facts---After admission of entire, facts in compliance of notice under S.13 of the Income Tax Ordinance, 1979, there remained no necessity to go in further details, besides, notice under S.13(2) of the Income Tax Ordinance, 1979 was mandatory in case of amount of expenditure referred to in clauses (aa), (b), (c), or (d)---Amount of the expenditure referred to in clause (c) of subsection (1), was in the opinion of the Deputy Commissioner too low whereas in the present case the situation was different so far as requirements of S.13(2) of the Income Tax Ordinance, 1979 was concerned---Reasonable opportunity had also been provided to the assessee of being heard, although the Director of the Company specifically accepted the proposals for making addition under S.13 of the Income Tax Ordinance, 1979 as such justification appeared to…

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