| Case ID |
1003d463-38f8-4d4e-b47f-0b38d205b163 |
| Body |
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| Case Number |
Writ Petition No. 1608 of 1994 |
| Decision Date |
Oct 25, 2001 |
| Hearing Date |
Oct 25, 2001 |
| Decision |
The Lahore High Court dismissed the writ petition challenging the assessment order for the assessment year 1991-92 under the Wealth Tax Act. The court found that the petitioner had failed to demonstrate a valid claim regarding the inclusion of 4 Kanals of plots in the net wealth. The court determined that the taking over of the property by the Liquidation Board did not pertain to the assessment year in question and that the petitioner had not availed of the statutory remedies available to him, which further invalidated the petition. Therefore, the decision of the assessing officer was upheld, and the petition was dismissed without causing prejudice to the petitioner or the Liquidation Board regarding the ultimate fate of the plots. |
| Summary |
This case revolves around a writ petition filed by Muhammad Afzal challenging the assessment order of his wealth tax for the year 1991-92 under the Wealth Tax Act. The petitioner declared his wealth, including plots purchased from the Services Credit Cooperative Housing Society, but later claimed exemption due to the property being taken over by the Liquidation Board. The Lahore High Court examined the merits of the case, focusing on the timing of the property acquisition and the legal implications of not availing statutory remedies. The court emphasized the importance of following the proper appeal process and ultimately dismissed the petition, reinforcing the legal principle that subsequent events do not affect the assessment of previous years. This decision highlights critical aspects of wealth tax law, statutory remedies, and the procedural requirements for challenging tax assessments, making it a pertinent case for tax law practitioners and scholars. |
| Court |
Lahore High Court
|
| Entities Involved |
Liquidation Board,
S.C.C.S. Limited,
Services Credit Cooperative Housing Society, Lahore
|
| Judges |
MANSOOR AHMAD, J
|
| Lawyers |
Siraj-ud-Din Khalid,
Muhammad Ilyas Khan
|
| Petitioners |
MUHAMMAD AFZAL
|
| Respondents |
,
DEPUTY COMMISSIONER OF WEALTH TAX, CIRCLE II, LAHORE
|
| Citations |
2002 SLD 512,
2002 PTD 397,
(2002) 85 TAX 32
|
| Other Citations |
Not available
|
| Laws Involved |
Wealth Tax Act, (XV of 1963),
Constitution of Pakistan, 1973
|
| Sections |
2(16),
2(m),
199
|