| Case ID |
74fdacc3-c500-4025-8f08-3759599bc8fb |
| Body |
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| Case Number |
I.T.As. Nos. 1730/KB to 1733/KB of 2001 |
| Decision Date |
Jan 01, 2004 |
| Hearing Date |
Nov 01, 2003 |
| Decision |
The case revolves around the powers of the Inspecting Assistant Commissioner (IAC) under Section 66-A of the Income Tax Ordinance, 1979. The Tribunal highlighted that the IAC's powers are quasi-judicial and limited to the record of the assessment proceedings as they stood at the time the Assessing Officer made the original decision. The IAC cannot rely on any subsequent information or directives from other authorities to revise an assessment. The Tribunal ruled that if an assessment was finalized with the involvement of the IAC, then the successor IAC is barred from invoking Section 66-A. The Tribunal emphasized that any action taken under Section 66-A must be based on solid evidence and not mere presumption or conjecture. This decision reinforces the importance of adhering to procedural fairness and the sanctity of completed assessments. |
| Summary |
This case examines the limitations of the Inspecting Assistant Commissioner's authority to revise tax assessments under Section 66-A of the Income Tax Ordinance, 1979. The Tribunal determined that the IAC's powers are constrained to the original assessment record, prohibiting reliance on subsequent information or external directives. The ruling underscores the necessity for a rigorous standard of evidence and the avoidance of arbitrary decision-making in tax law. It further clarifies that if the IAC was involved in the original assessment, a successor cannot invoke Section 66-A, thereby protecting the integrity of finalized tax assessments. This case is significant for taxpayers and tax professionals, as it sets clear boundaries for the exercise of revisionary powers by tax authorities, emphasizing transparency and accountability in tax administration. |
| Court |
Appellate Tribunal Inland Revenue
|
| Entities Involved |
Not available
|
| Judges |
JAWAID MASOOD TAHIR BHATTI,
RASHEED AHMED SHEIKH,
AGHA KAFEEL BARIK
|
| Lawyers |
M. Jawed Zakaria,
Aqeel Ahmed Abbasi,
Javed Iqbal Rana,
Ali Hasnain
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
2004 SLD 2,
2004 PTCL 596,
2005 PTD 344,
(2005) 91 TAX 128
|
| Other Citations |
Not available
|
| Laws Involved |
Income Tax Ordinance, 1979
|
| Sections |
66,
66A,
20,
23,
27,
28,
SecondSched,
Cl-116
|