Law: Income Tax Ordinance, 1979

Section: 80C,143B,

DECISION /FINDINGS This complaint has been filed to agitate against assessment for the year 1997-98 by treating the Complainant had his father as and AOP and determination of Income at Rs.916,363 on the basis of "agreed assessment". 2. The facts, in brief, are that the Complainant and his father are engaged in the import of machinery spare parts. They separately filed Statements under section 143B of the Income Tax Ordinance, 1979 (hereinafter called the repealed Ordinance) and were assessed on presumptive income under section 80C. When information was received that they were maintaining a joint account in Askari Bank, Badami Bagh, Lahore enquiry was initiated. The explanation, as submitted, having been found unsatisfactory, assessment was framed on 30-5-2003 determining Total Income in the name of AOP at Rs.916,363 which is said to be on "agreed" basis. 3. The respondent have forwarded parawise comments by the RCIT Eastern Region, Lahore explaining that the aggregated amount of deposits in the joint account at Rs.6,076,824 represented Sale proceed of imports as also sale of local goods in the market. It is reported by the RCIT that the assessment has been framed on 'agreed basis' hence the complaint may be filed having become infructuous. 4. None was present for the Complainant when called out. On record is available letter, dated 21-7-2003 signed by the Complainants expressing the wish that the complaint may be treated as withdrawn as assessment has been finalized on 'agreed basis'. 5. Dr. Khalid Malik (D-CIT) appearing for the Revenue submitted that the absence of the Complainant from today's hearing confirms the genuine desire to withdraw the complaint which is the reason why they have filed a letter of withdrawal and are not pursuing the complaint. 6. A scrutiny of record, however, reveals that proceedings are beset with illegality and betray flagrant disregard of law, rules and procedure not only by the Assessing officer alone but also by those who gave approval for "agreed" assessment and now submitted the comments. 7. Although separate notices under section 56 for the assessment years 1997-98 to 2002-2003 were issued on 3-4-2003, no returns were filed,…

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