| Case ID |
319b6b6d-af5f-4166-908f-8d011e454c02 |
| Body |
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| Case Number |
ITA No. 713/IB/2015 |
| Decision Date |
Dec 11, 2015 |
| Hearing Date |
Dec 03, 2015 |
| Decision |
The appeal was filed against an order from the Commissioner (Appeals-III) Rawalpindi, which had partially accepted the appellant's appeal regarding un-explained salary. The Appellate Tribunal found that the Assessing Officer had lawfully assumed jurisdiction and that the additions made regarding loan concealment, property income, salary income, and unexplained expenditure were not justified. The Tribunal upheld the taxpayer's right to revise the wealth statement before any assessment was finalized. The orders of the Assessing Officer and the Commissioner (Appeals) were annulled to the extent discussed in the case. The appeal was disposed of favorably for the appellant, recognizing their entitlement to rectify the wealth statement and disputing the validity of the previous assessments made. |
| Summary |
In the case of Dr. Tariq Rasheed Sheikh vs. Assistant Commissioner IR, the Appellate Tribunal Inland Revenue examined the taxpayer's appeal against an order by the Commissioner (Appeals-III). The core issue revolved around the taxpayer's right to revise their wealth statement and the jurisdiction of the Assessing Officer to make certain additions. The Tribunal highlighted that the additions related to loan concealment, property income, and salary income were unfounded. It emphasized the taxpayer's legal right under section 116(3) of the Income Tax Ordinance, 2001 to amend their wealth statement prior to any assessment. The decision underscored the importance of clear and definitive information in tax assessments, and ultimately annulled the previous orders, allowing the taxpayer to rectify their financial declarations. This case illustrates significant principles regarding taxpayer rights and the procedural integrity of tax assessments, making it a vital reference for similar tax law disputes. |
| Court |
Appellate Tribunal Inland Revenue
|
| Entities Involved |
Margalla Hotel (Pvt) Ltd.
|
| Judges |
SHAHID MASOOD MANZAR, JUDICIAL MEMBER,
JEHANZEB MAHMOOD, ACCOUNTANT MEMBER
|
| Lawyers |
Mr. Ejaz Hussain Rathore
|
| Petitioners |
Dr. Tariq Rasheed Sheikh
|
| Respondents |
Assistant Commissioner IR, Enforcement-II, Zone-II, RTO, Rawalpindi
|
| Citations |
2016 SLD 142
|
| Other Citations |
2012 PTD 170
|
| Laws Involved |
Income Tax Ordinance, 2001
|
| Sections |
111(1)(b),
111(1)(c),
116(3)
|