Law: Income Tax Ordinance, 1979

Section: 56,62,-SecondSched.,PartI,Cl.(1)

Law: Constitution of Pakistan, 1973

Section: FourthSched.PartI,item47

(a) Income-tax--Assessment setting aside of---When all the material facts were available before the First Appellate Authority to decide the issue on merits, the assessment should not have been set aside. (b) Income Tax Ordinance (XXXI of 1979)--- ----Ss.56 & 62---Notice for furnishing return of total income---No notice under S.56 of the Income Tax Ordinance, 1979 could be issued after the expiration of five years from the end of the assessment year for which the return of income was due, as contemplated in the erstwhile provision of the section---When period of five years was reckoned from the end of the assessment year for which the return of income had to be filed, the assessment made under S.62 of the Income Tax Ordinance, 1979 for the assessment year 1993-94 was hit by limitation. (c) Income Tax Ordinance (XXXI of 1979)--- ----S.56, proviso---Notice for furnishing return of total income---Proviso to S.56 of the Income Tax Ordinance, 1979 was directory in nature and was applicable retrospectively and was applicable to all pending proceedings at any stage including the appeal proceedings. 2002 PTD (Trib.) 2609 and 2004 PTD (Trib.) 708 rel. (d) Income Tax Ordinance (XXXI of 1979)--- ----Ss.56 & 62---Notice for furnishing return of total income---Initiation of proceedings without lawful jurisdiction---Effect---Proceedings under S.56 of the Income Tax Ordinance, 1979 initiated without lawful jurisdiction would result into cancellation of the assessment made under S.62 of the Income Tax Ordinance, 1979. (e) Income-tax--- ----Evidence---Substantial material had to be unearthed by the Revenue to justify its action by adducing concrete material evidence. (f) Income-tax--- ----Complaint---Placing implicit reliance on bogus, complaint by the department was highly objectionable and uncalled for. (g) Income Tax Ordinance (XXXI of 1979)--- ----Second Sched., Part I, Cl. (1)-Constitution of Pakistan (1973), Fourth Sched. Part I, item 47---S.R.O. 766(I)/88, dated 7-9-1988---Exemption---Agricultural income---Assessing Officer was not vested with the powers under the Income Tax Ordinance, 1979 to cut down the agricultural income declared by the assessee provided it…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492