| Case ID |
ed5df1a9-751a-4ae8-b825-88692bb4a684 |
| Body |
View case body. Login to View |
| Case Number |
W.T.As. Nos.84/IB to 86/IB of 1999-2000 and 1003/1 |
| Decision Date |
Aug 31, 1999 |
| Hearing Date |
Aug 25, 1999 |
| Decision |
The Income Tax Appellate Tribunal held that the assessment made by the Assistant Commissioner of Wealth Tax was illegal and void, as he was not designated as a Wealth Tax Authority under the Wealth Tax Act, 1963. The Tribunal ruled in favor of the assessee, determining that only the Deputy Commissioner of Wealth Tax had the jurisdiction to make assessments under Section 16 of the Act. Consequently, the order of the learned A.A.C. was vacated, and the Assistant Commissioner's assessment orders were annulled, restoring the rights of the assessee regarding the property in question. |
| Summary |
In this case, the Income Tax Appellate Tribunal addressed crucial issues regarding the jurisdiction of the Assistant Commissioner of Wealth Tax under the Wealth Tax Act, 1963. The Tribunal found that the Assistant Commissioner was not recognized as a Wealth Tax Authority and therefore lacked the legal authority to conduct assessments. The case revolved around the assessment of the wealth tax of a property owned by the assessee, which had undergone multiple revisions in its declared value. The Tribunal highlighted the importance of adhering to the legal definitions and the specified authorities required to conduct wealth tax assessments. The decision emphasized the need for clarity in roles within tax authorities to prevent unlawful assessments and protect taxpayer rights. Keywords such as 'Wealth Tax Act', 'jurisdiction', and 'Income Tax Appellate Tribunal' are essential for SEO optimization of this case summary. |
| Court |
Income Tax Appellate Tribunal
|
| Entities Involved |
Not available
|
| Judges |
MANSOOR AHMED, ACCOUNTANT MEMBER,
SYED MASOOD UL HASSAN SHAH, JUDICIAL MEMBER
|
| Lawyers |
Mir Ahmed Ali, Advocate,
Mrs. Sofia Humayun, Advocate,
Mr. Zahoor Ellahi Bhatti, Advocate,
Sardar Sajjad Haider Khan, D.R.
|
| Petitioners |
Not available
|
| Respondents |
Not available
|
| Citations |
1999 SLD 680,
1999 PTD 4026,
(1999) 80 TAX 173
|
| Other Citations |
Not available
|
| Laws Involved |
Wealth Tax Act, (XV of 1963),
Income Tax Ordinance, 1979
|
| Sections |
2(10),
8,
16,
3A,
14C,
59D
|