Law: Income Tax Ordinance, 1979

Section: 13,121,13(1)(a),13(1)(d),13(1)(c)

Law: Income Tax Ordinance, 2001

Section: 121

I.T.As. Nos. 799/LB to 803/LB of 2006, decided on 15th March, 2007. (a) Income Tax Ordinance (XXXI of 1979)---S. 13(1)(a)---Addition---No account case---Tax authorities were not justified to make and confirm additions under S.13(1)(a) of the Income Tax Ordinance, 1979 as the assessee's case was no-account case where additions under S.13(1)(a) of the Income Tax Ordinance, 1979 were not attracted under law. 2002 PTD (Trib.) 3142 rel. (b) Income Tax Ordinance (XXXI of 1979)--- ----S.13(1)(c)---Addition---Non-disclosure of bank account---Effect---When a bank account was not disclosed, the most logical way to treat it was to take the peak deposit appearing in that account in the relevant accounting period as the amount unexplained---Such treatment would mean that an addition under S.13(1)(c) of the Income Tax Ordinance, 1979 would have to make which was non-existent---In case of addition of peak balances, S.13(1)(c), Income Tax Ordinance, 1979 was to be applied and if difference of pending and closing amount was added, S.13(i)(aa) of the Income Tax Ordinance, 1979 was to be applied--Necessary approval was also absent on the record---Addition was deleted by the Appellate Tribunal being unlawful. (c) Income Tax Ordinance (XXXI of 1979)--- ----S.13(1)(d)---Addition without approval---Addition made under S.13(1)(d) of the Income Tax Ordinance, 1979 was deleted by the Appellate Tribunal being the same without approval. (d) Income Tax Ordinance (XLIX of 2001)--- ----S.121---Best assessment---Assessment was framed ex parte by the Assessing Officer condemning the assessee unheard by not providing opportunity to defend---Case was remanded to the Assessing Officer for de novo proceedings after affording the assessee opportunity of being heard. THIS ORDER PASSED BY: Titled appeals, pertaining to the assessment years 1996-97 to 1999-2000 & Tax Year 2003 have been filed by the assessee appellant calling in question the impugned consolidated order dated 28-1-2006 passed the learned C.I.T/W.T (A), Zone-II, Faisalabad. As per memo. of respective appeals, following issues have been raised. (i) That the learned C.I.T.(A) was not justified in confirming the net assessed income…

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