| Case ID |
381dfe89-868d-4518-a03b-fba316b4bf1c |
| Body |
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| Case Number |
I.T.As. Nos.2222/LB, 2223/LB, 2232/LB, 2233/LB, 22 |
| Decision Date |
Sep 02, 2008 |
| Hearing Date |
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| Decision |
The Appellate Tribunal found that the notice issued under section 62 of the Income Tax Ordinance, 1979 was invalid as it did not meet the statutory requirements. The Tribunal concluded that assessments made on the basis of this notice were null and void. Consequently, the Tribunal vacated the impugned order, cancelled the assessments for the assessment years 1996-97 and 1997-98, and directed the acceptance of the declared results. The issues concerning sales estimation and gross profit rates were addressed, confirming the rates set by the First Appellate Authority as justified based on the case's historical context. |
| Summary |
The case revolves around the interpretation and application of the Income Tax Ordinance, 1979, specifically sections 61 and 62. The Appellate Tribunal Inland Revenue scrutinized the validity of notices issued to the assessee requiring the production of books of account. It was determined that the notice under section 62 was improperly issued, as it did not follow the necessary legal procedures. This led to the cancellation of assessments by the Tribunal, emphasizing the importance of adhering to statutory requirements in tax assessments. The case highlights key issues in tax law and the significance of proper procedural compliance, relevant to tax professionals and legal practitioners. Keywords: Income Tax Ordinance, statutory compliance, tax assessment, Appellate Tribunal, judicial review. |
| Court |
Appellate Tribunal Inland Revenue
|
| Entities Involved |
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| Judges |
SYED NADEEM SAQLAIN, JUDICIAL MEMBER,
QURBAN ALI, ACCOUNTANT MEMBER
|
| Lawyers |
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| Petitioners |
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| Respondents |
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| Citations |
2009 SLD 1448,
2009 PTD 81
|
| Other Citations |
I.T.A. No. 366 of 2000,
2006 PTD 2654,
2006 PTD 2706,
2007 PTD 1016,
2007 PTD 345,
PLD 2001 Quetta 20
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| Laws Involved |
Income Tax Ordinance, 1979
|
| Sections |
61,
62
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