| Case ID |
100d4602-0c44-447b-a634-8a6a4646ba69 |
| Body |
View case body. Login to View |
| Case Number |
R.A. No.584/LB of 2003 |
| Decision Date |
Dec 24, 2003 |
| Hearing Date |
|
| Decision |
The Income Tax Appellate Tribunal upheld the decision of the learned First Appellate Authority, which annulled the re-assessment under sections 62/65. The Tribunal found that the notice under section 65 was not properly served on the respondent/assessee prior to the reopening of the assessment. The Tribunal ruled that the reopening of the case and the additions made were without any legal support. Furthermore, the Tribunal concluded that the Assessing Officer failed to provide definite information to justify the action under section 65. The Tribunal rejected all four questions referred by the Revenue, stating they did not arise from the order passed by the Tribunal itself. |
| Summary |
The case revolves around the Income Tax Appellate Tribunal's decision regarding the re-assessment of an income tax case under sections 62 and 65 of the Income Tax Ordinance, 1979. The Tribunal examined whether the learned Income Tax Appellate Tribunal was justified in accepting the declared value of a property when there was evidence of understatement. It also considered the retrospective applicability of Rule 207A of the Income Tax Rules, 1982. The Tribunal ultimately upheld the findings of the learned First Appellate Authority, which annulled the re-assessment due to improper service of notice under section 65. The decision emphasized the importance of legal compliance in tax assessment procedures, highlighting the critical role of proper notice in ensuring fair hearings. This case serves as a reminder for tax authorities to adhere to statutory requirements and maintain transparency in their assessment processes. |
| Court |
Income Tax Appellate Tribunal
|
| Entities Involved |
Not available
|
| Judges |
EHSAN-UR-REHMAN, JUDICIAL MEMBER,
MUHAMMAD SHARIF CHAUDHARY, ACCOUNTANT MEMBER
|
| Lawyers |
Not available
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
2004 SLD 437,
2004 PTD 2836
|
| Other Citations |
2000 PTD 374,
2016 PTD 1675,
PLD 1997 SC 32
|
| Laws Involved |
Income Tax Rules, 1982,
Income Tax Ordinance, 1979
|
| Sections |
207A,
13(1)(d),
59(1),
62,
65
|