| Case ID |
0a17ecc6-2687-403f-a0d6-d511cab03afb |
| Body |
View case body. Login to View |
| Case Number |
I.T.A. No. 593/LB of 2012 |
| Decision Date |
May 12, 2016 |
| Hearing Date |
May 12, 2016 |
| Decision |
The Appellate Tribunal ruled in favor of the taxpayer, annulling the amended assessment made by the Assessing Authority. The Tribunal concluded that the taxpayer had fulfilled their legal obligations by opting for turnover tax under Section 113A of the Income Tax Ordinance, 2001, and was not required to file a return under Section 114. The Tribunal found that the Assessing Authority's assumption of jurisdiction was a nullity, leading to the invalidation of subsequent notices and orders. Overall, the case highlighted the importance of adhering to the provisions of the Income Tax Ordinance regarding final taxation and the limitations of the department in amending assessments without sufficient justification. |
| Summary |
In the case of I.T.A. No. 593/LB of 2012, decided by the Appellate Tribunal Inland Revenue on May 12, 2016, the Tribunal addressed the conflict arising from the taxpayer's income declaration and subsequent assessment amendments by the tax authorities. The taxpayer, running a cloth shop, had filed a return under Section 113A of the Income Tax Ordinance, opting for final taxation, which was challenged by the Assessing Authority due to perceived discrepancies in reported income. The Tribunal emphasized the legal framework of the Income Tax Ordinance, clarifying that the taxpayer had met all necessary obligations and that the department lacked grounds for amending the assessment. This case underscores critical aspects of tax law compliance and the limits of authority in income tax assessments, making it a key reference for similar disputes in taxation. |
| Court |
Appellate Tribunal Inland Revenue
|
| Entities Involved |
New Hafiz Cloth House
|
| Judges |
CH. ANWAAR UL HAQ
|
| Lawyers |
Ms. Bushra Fatima,
Ch. Qamar-uz-Zaman
|
| Petitioners |
MUHAMMAD KHALID SETHI
|
| Respondents |
C.I.R., R.T.O., SIALKOT
|
| Citations |
2016 SLD 1134,
2016 PTD 1758,
(1978) 114 TAX 84
|
| Other Citations |
Not available
|
| Laws Involved |
Income Tax Ordinance, 2001
|
| Sections |
113A,
114,
122(1),
122(5),
122(9)
|