| Case ID |
267387e3-fcf9-40c1-ac6d-c132f2693031 |
| Body |
View case body. Login to View |
| Case Number |
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| Decision Date |
Apr 17, 2006 |
| Hearing Date |
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| Decision |
The Income Tax Appellate Tribunal found that the assessments for the years 1998-1999, 2000-2001, and 2001-2002 were void ab initio and illegal due to the rejection of the assessee's accounts without proper confrontation or grounds. The tribunal emphasized that proper books of accounts were submitted, and the Assessing Officer failed to issue a notice under section 62(1) of the Income Tax Ordinance, which is a mandatory requirement. Therefore, the tribunal directed the Assessing Officer to accept the returned version declared by the assessee. |
| Summary |
This case revolves around the Income Tax Ordinance of 1979, specifically section 62(1), dealing with the assessment of accounts and the legal requirements for rejecting such accounts. The Income Tax Appellate Tribunal ruled in favor of the assessee, highlighting that proper accounting records were maintained and that the rejection was without valid reasons. The tribunal's decision underscores the importance of due process in tax assessments and the need for tax authorities to confront taxpayers with specific discrepancies before making adverse decisions. This case is critical for understanding taxpayer rights in Pakistan and the procedural requirements for tax assessments under the Income Tax Ordinance. Keywords: Income Tax, Tax Assessment, Taxpayer Rights, Pakistan Tax Law. |
| Court |
Income Tax Appellate Tribunal
|
| Entities Involved |
Not available
|
| Judges |
EHSAN-UR-REHMAN, JUDICIAL MEMBER,
NASEER AHMAD, ACCOUNTANT MEMBER
|
| Lawyers |
Mumtaz-ul-Hassan,
Muzammal Hussain, D.R.
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
2007 SLD 175,
2007 PTD 155
|
| Other Citations |
PTCL 1990 CL 70(9),
(2003) 87 Tax 129 (Trib.)
|
| Laws Involved |
Income Tax Ordinance, 1979
|
| Sections |
62,
62(1)
|