Law: Income Tax Ordinance, 1979

Section: 57,58,58(1),58(2),136

Income Tax Ordinance (XXXI of 1979)---Ss. 57, 58 & 136---Reference to High Court---Submission of wealth statement---Where wealth statement had been filed in terms of sub-section (2) to S.58 of Income Tax Ordinance, 1979 and not under subsection (1) of said section, assessee had the right to submit his revised wealth statement within the parameters of S.57 of Income Tax Ordinance, 1979---Observations of the Appellate Tribunal that such interpretation would lead to a very unbalanced conclusion, seemed to be untenable in law---Other observations of the Tribunal contained in impugned order that provisions of S.58(2) of Income Tax Ordinance, 1979 being general in nature could not be given overriding effect to the special provisions of S.57 of Income Tax Ordinance, 1979; was also misconceived as S.58(2) had no overriding effect on S.57, but it simply extended its application to statement of. wealth filed in terms thereof for filing of revised wealth statement---When the law-makers in their wisdom had categorized the assessees in two categories for filing of wealth statement in terms of Ss.58(l) & 58(2) of Income Ordinance, 1979 benefit extended to one category of assessee, falling under S.58(2) in clear and unambiguous words, for filing of revised wealth statement, could not be denied to them for the reason that such benefit was not available to other category or it would create unbalanced conclusion which would be open to objection in legal norms---Said interpretation of two provisions of Income Tax Ordinance, 1979 had got support from newly-inserted subsection (2) of S.58, which had shown that shortcoming/lacuna in the statute noticed by the Tribunal in its impugned order, was taken care of by the law-makers at the subsequent stage and consequently, the new subsection (2) was inserted by Finance Ordinance, 2001. ANWAR ZAHEER JAMALI, J.---Through this reference made by the Income Tax Appellate Tribunal, Karachi following questions of law proposed by the appellant have been referred for the opinion of this Court in terns of section 136(1) of the Income Tax Ordinance, 1979:--- "(1) Whether on the facts and circumstances of the case the learned Income Tax…

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