| Case ID |
0b897d48-5af1-4b6a-8e33-32d97556d9a5 |
| Body |
View case body. Login to View |
| Case Number |
I.T.As. Nos.1185/LB and 1405/LB of 2000 |
| Decision Date |
May 20, 2005 |
| Hearing Date |
|
| Decision |
The Income Tax Appellate Tribunal adjudicated the cross appeals concerning the reopening of assessments under the Income Tax Ordinance, 1979. The Tribunal emphasized the necessity of obtaining prior approval from the Inspecting Additional Commissioner (IAC) for any reopening of assessments. The case highlighted that the use of 'approval' is distinct from 'permission' and that failing to adhere to statutory requirements renders the assessment invalid. The Tribunal ruled that the additional assessment made without proper authorization was annulled, restoring the original assessment made under section 59(1). This decision underscores the importance of compliance with procedural norms in tax assessments. |
| Summary |
This case revolves around the interpretation and application of the Income Tax Ordinance, 1979, specifically focusing on the requirements for reopening completed assessments. The Tribunal underscored the critical distinction between 'approval' and 'permission' within the context of tax law, stating that the former is essential for lawful reassessment. The decision involved a detailed examination of the statutory provisions that govern income assessment and the required procedural safeguards. The Tribunal's ruling to annul the additional assessment reaffirms the necessity for tax authorities to follow legal protocols meticulously, ensuring fairness and accountability in tax administration. The case serves as a precedent for future tax disputes, emphasizing that non-compliance with legal requirements can lead to assessments being declared null and void, which is crucial for tax professionals and litigators in understanding the legal landscape of taxation. |
| Court |
Income Tax Appellate Tribunal
|
| Entities Involved |
Not available
|
| Judges |
RASHEED AHMED SHEIKH,
JAVED TAHIR BUTT
|
| Lawyers |
Dr. Shahid Siddique Bhatti,
Muhammad Shahid Abbas
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
2006 SLD 149,
2006 PTCL 645,
2006 PTD 1844,
(2006) 93 TAX 288
|
| Other Citations |
2004 PTD (Trib.) 1052,
2004 PTD (Trib.) 618,
I.T.A. No.2695/LB of 2000,
2000 PTD 3788,
2003 PTD (Trib.) 1238
|
| Laws Involved |
Income Tax Ordinance, 1979
|
| Sections |
12,
12(18),
13,
65,
65(1),
65(2),
13(1)(d),
59,
59(1)
|