1997 PLP (Trib (PTD)
N/A
| Citation | 1997 PLP (Trib (PTD) |
| Forum / Court | Income-tax Appellate Tribunal Pakistan |
| Bench Members | Ashfaq Ahmad, Accountant Member and |
| Parties | N/A |
| Primary Law | Income Tax Ordinance (XXXI of 1979) |
Q1: What are the key laws and sections cited in 1997 PLP (Trib (PTD)?
This judgment primarily cites: Income Tax Ordinance (XXXI of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1997 PLP (Trib (PTD)?
The case was heard and decided by the Income-tax Appellate Tribunal Pakistan bench comprising: Ashfaq Ahmad, Accountant Member and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1997 PLP (Trib (PTD) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Naveed Andarabi for Appellant.
- Sartaj Yousuf, D.R. for Respondent.
- Date of hearing: 6th December, 1995.
Headnotes / Summary
S32 (3)
Method of accounting
Non-acceptance of declared sales
Declared version of assessee was rejected as he did not murrain proper record open to verification
Assessee had admitted, vide order-sheet entry, un-verifiability of sales and purchases, and Assessing Officer on that basis estimated sales as against declared version
Assessee's declared sales had been accepted in the past
As to order-sheet entry, assessee denied any such admission about un-verifiability
On scrutiny, it was found that assessee's contention was correct--Assessing Officer was directed to accept assessee's declared version in circumstances.
Judgment & Decree
Date of hearing: 6th December, 1995. ASHFAQ AHMAD (ACCOUNTANT MEMBER).
The appellant through this appeal has assailed the order passed by the CIT(A). Zone-V Lahore, in respect of the assessment year 1990-91. The appellant is' aggrieved on account of non-acceptance of the declared sales.
2. The brief facts of the case are that the assessee, a Private Limited Company, derives income from manufacturing fabrication and supply of electrical goods. As per the order of the ITO, examination of books of accounts indicated that the assessee did not maintain stock register, day to day manufacturing record and purchases & sales were not open to verification. In this connection, the ITO stated that the assessee's A.R. vide order-sheet entry dated 30-3-1991 had admitted the un verifiability of sales and purchases. On the basis of this, he estimated the sales at Rs.60,00,000 as against declared by the assessee at Rs.52,01,325.
3. The assessee being aggrieved preferred an appeal before the CIT(A) who for the same reasons as recorded by the Assessing Officer in the assessment order rejected the appeal of the assessee.
4. During the course of the hearing, the learned A.R. of the appellant agitated that Assessing Officer was totally unjustified in not accepting the declared version. In this context he stated that not a single instance of unverifiable sales was cited by the Assessing Officer. It was further stated by him that in the past and in the subsequent assessment years the declared sales have been accepted by the department. With regard to the order-sheet entry dated 30-3-1991 it was stated that no where did the A.R. of the assessee admitted un verifiability of sales or the purchases. On 30-3-1991 the case was adjourned to 31-3-1991 and it is for this reason that the A.R., had appended his signatures on the order-sheet entry.
5. After hearing the learned A.R. of the assessee, we directed the learned D.R. to produce the record and on scrutiny it was found that the contention of the learned A.R. of the assessee was correct. The learned A.R. had not admitted that the sales and purchases are unverifiable. He had merely appended his signatures against the order-sheet where the case had been adjourned. Therefore, taking into consideration the facts and circumstances of the case, the Assessing Officer is directed to accept the declared sales of the appellant in this year. The appeal succeeds accordingly. C.M.S./181/Trib Appeal accepted.