| Case ID |
ffefd6e7-7bdf-466c-85b1-7ae04d91fddf |
| Body |
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| Case Number |
Income tax Reference No.41 of 1982 |
| Decision Date |
Dec 08, 1988 |
| Hearing Date |
|
| Decision |
The Tribunal upheld the Income Tax Officer's findings that the amounts in question, Rs.3,21,885 and Rs.1,20,000, constituted undisclosed income of the assessee from unknown sources. The Tribunal also remitted the case to the Appellate Assistant Commissioner for reconsideration and decision on the levy of tax under section 12 of the Income Tax Act. The Tribunal found that the evidence provided by the assessee, including affidavits and certificates, was not reliable. It was concluded that the findings were neither arbitrary nor perverse and were based on proper appreciation of evidence. |
| Summary |
This case, decided by the Sindh High Court, revolves around the Income Tax Act, 1922, focusing on sections 12, 4(2A), and 66(1). The case involves Messrs Zafar and Associates, Karachi, and the Commissioner of Income Tax (West), Karachi. The Tribunal examined the evidence related to alleged undisclosed income from the assessee's wife. The evidence included affidavits and certificates regarding agricultural income and other sources. The Tribunal found the evidence unreliable and upheld the Income Tax Officer's decision to treat certain receipts as undisclosed income. The decision demonstrates the importance of providing cogent evidence when explaining income sources. The Tribunal's findings were based on a thorough examination of the evidence and were not considered arbitrary. This case highlights the complexities involved in tax assessments and the need for clear documentation to support claims. It also underscores the Tribunal's discretion in evaluating evidence. Keywords: Income Tax Act 1922, undisclosed income, Sindh High Court, Tribunal decision, tax assessment, cogent evidence. |
| Court |
Sindh High Court
|
| Entities Involved |
THE COMMISSIONER OF Income Tax (WEST), KARACHI,
Messrs ZAFAR AND ASSOCIATES, KARACHI
|
| Judges |
SALEEM AKHTAR,
IMAM KAZI
|
| Lawyers |
Mahmood Iqbal,
Shaikh Haider
|
| Petitioners |
Messrs ZAFAR AND ASSOCIATES, KARACHI
|
| Respondents |
THE COMMISSIONER OF Income Tax (WEST), KARACHI
|
| Citations |
1989 SLD 37,
1989 PTD 275
|
| Other Citations |
L. Sohan Lal Gupta v. Commissioner Income Tax (1958) 33 I T R 786,
Dilip Kumar Roy v. C I T Poona (1974) 94 I T R 1,
Mrs. Samina Shaukat Ayub Khan v. C I T Rawalpindi P L D 1981 SC 85,
Miss Assia v. Income Tax Appellate Tribunal P L D 1979 S C 949
|
| Laws Involved |
Income Tax Act, 1922
|
| Sections |
12,
4(2A),
66(1)
|