2008 PLP 523 (PTD)
GHULAM MUHAMMAD, BAWARCHI Versus SECRETARY, REVENUE DIVISION, ISLAMABAD and others
| Citation | 2008 PLP 523 (PTD) |
| Forum / Court | Federal Tax Ombudsman |
| Bench Members | Justice (Retd.) Munir A. Shaikh, Federal Tax Ombudsman |
| Parties | GHULAM MUHAMMAD, BAWARCHI Versus SECRETARY, REVENUE DIVISION, ISLAMABAD and others |
| Primary Law | Federal Tax Ombudsman's Investigation and Disposal of Complaints Regulation, 2001 |
Q1: What are the key laws and sections cited in 2008 PLP 523 (PTD)?
This judgment primarily cites: Federal Tax Ombudsman's Investigation and Disposal of Complaints Regulation, 2001 as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2008 PLP 523 (PTD)?
The case was heard and decided by the Federal Tax Ombudsman bench comprising: Justice (Retd.) Munir A. Shaikh, Federal Tax Ombudsman.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 523 (PTD) (GHULAM MUHAMMAD, BAWARCHI Versus SECRETARY, REVENUE DIVISION, ISLAMABAD and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muzammil Hussain, (IAC) for Respondents.
- 4. On the date of hearing on 14-7-2005 the complainant was represented by Mr. Muhammad Ajmal Khan, Advocate whereas the respondents were represented by Mr. Muzammil Hussain (I.A.C.). The parties confirmed that the impugned order had been set aside redressing the grievance of the complainant. In view of this position the investigation of the complaint is closed under regulation 23(vi) of the F.T.O's. Investigation and Disposal of Complaints Regulation, 2001.
Headnotes / Summary
Regln. 23(vi)
Income Tax Ordinance (XXXI of 1979), Ss.63 & 132
Income Tax Ordinance (XLIX of 2001), S.122A
Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), S.2(3)
Ex parte assessment was set aside under S.122A of the Income Tax Ordinance, 2001
Parties confirmed that the impugned order had been set aside redressing the grievance of the complainant/assessee
Complaint was closed by the Federal Tax Ombudsman under Regulation 23(iv) of the Federal Tax Ombudsman' Investigation and Disposal of Complaints Regulation, 2001. Muhammad Sirjees Nagi, Advisor, Dealing Officer. Muhammad Ajmal Khan for the Complainant.
Judgment & Decree
Asstt. Year Income assessed. 1996-97 Rs.9,50,000 1997-98 Rs.11,90,000 1998-99 Rs.14,00,000 1999-2000 Rs.15,80,000
2. Aggrieved from the assessment order the complainant appealed before the C.I.T. who vide order dated 29-9-2002 set aside the assessment order. On remand the Taxation Officer passed an ex parte order under section 63 of the repealed Ordinance which is assailed by the complainant on the ground that it amounts to `maladministration', He has requested that the ex parte assessment order passed by the Taxation Officer be declared illegal and of no consequence.
3. In reply the Regional Commissioner of Income Tax, Eastern Region, Lahore submitted that the ex parte assessment under sections 63/132 dated 30-6-2004 for the assessment years 1996-97 to 1999-2000 has been set aside under section 122A of the Income Tax Ordinance, 2001 vide order dated 25-6-2005 passed by the C.I.T., Zone C, Lahore. Since the grievance of the complainant has been redressed, therefore, the complaint may be filed.
4. On the date of hearing on 14-7-2005 the complainant was represented by Mr. Muhammad Ajmal Khan, Advocate whereas the respondents were represented by Mr. Muzammil Hussain (I.A.C.). The parties confirmed that the impugned order had been set aside redressing the grievance of the complainant. In view of this position the investigation of the complaint is closed under regulation 23(vi) of the F.T.O's. Investigation and Disposal of Complaints Regulation, 2001. C.M.A./561/F.T.O. Order accordingly.