2005 PLP (Trib (PTD)
N/A
| Citation | 2005 PLP (Trib (PTD) |
| Forum / Court | Income-tax Appellate Tribunal Pakistan |
| Bench Members | Muhammad Tauqir Afzal Malik, Judicial Member and Mazhar Farooq Shirazi, Accountant Member |
| Parties | N/A |
| Primary Law | Wealth Tax Act (XV of 1963) |
Q1: What are the key laws and sections cited in 2005 PLP (Trib (PTD)?
This judgment primarily cites: Wealth Tax Act (XV of 1963) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2005 PLP (Trib (PTD)?
The case was heard and decided by the Income-tax Appellate Tribunal Pakistan bench comprising: Muhammad Tauqir Afzal Malik, Judicial Member and Mazhar Farooq Shirazi, Accountant Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP (Trib (PTD) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Bashir Ahmad Shad, D.R. for Appellant.
- Nemo. for Respondent.
- Date of hearing: 18th September, 2004.
Headnotes / Summary
Ss. 35 & 45-A
Income Tax Ordinance (XXXI of 1979), S. 134
Assessment, annulment of
Appeal to Income Tax Appellate Tribunal
Assessment proceedings were finalized by Taxing Officer whereas it had to be taken up and decided by Wealth Tax Officer
Wealth tax assessment and income tax assessment were governed separately under Wealth Tax Act, 1963 and Income Tax Ordinance, 1979 respectively
Wealth tax assessments could not be taken up or finalized by the Taxation Officer
Assessee had come in appeal against the Income Tax Officer before Commissioner Wealth Tax (Appeal) with additional ground that assessment made by Taxation Officer was illegal, without jurisdiction, void ab initio and liable to annulment
Commissioner Wealth Tax annulled assessment
Revenue was unable to point out any flaw in order of first Appellate Authority
Order of Commissioner Wealth Tax being legal was upheld. 1999 PTD (Trib.) 4026 and 1997 PTD 821 ref.
Judgment & Decree
MUHAMMAD TAUQIR AFZAL MALIK, JUDICIAL MEMBER.
This is an appeal by the Revenue against the order of CWT(A)-I, Faisalabad, dated 2-12-2003. They have agitated that CWT(A) erred in annulling the assessment order on the ground that it was made by the Taxation Officer instead of a Wealth Tax Authority ignoring the fact that the powers of both wealth tax and income tax assessment authorities have been vested in the same person. That the learned CWT(A) Faisalabad has erred in annulling the assessment merely on the basis of a mistake which is not of a substantial nature prejudicially affecting an assessee and is only a mistake rectifiable under section 35 of the Wealth Tax Act, 1963. That the CWT(A) has erred in ignoring the fact that section 45(A) of the Wealth Tax Act, 1963 saves from variation, the proceedings that suffered from minor mistakes/omission. Respondent is absent despite service through registered post, hence proceed ex parte. D.R. is present and has been heard. The brief facts of the case are that in this case the assessment proceedings were finalized by the Taxation Officer whereas it has to be taken up and decided by the Wealth Tax Officer. Wealth tax assessment and income tax assessment are governed separately under the Wealth Tax Act, 1963 and Income Tax Ordinance, 1979 respectively. Wealth tax assessments cannot be taken up or finalized by the Taxation Officer. Against the action of the Taxation Officer, the assessee has come in appeal before the CWT(A) with the additional ground that assessment made by Taxation Officer is illegal, out of jurisdiction, void ab initio and liable to annulment. The CWT(A) annulled the assessment following the ratio of case-law reported as 1999 PTD (Trib.) 4026 and 1997 PTD
821. The DR was unable to point out any flaw in the orders of the first appellate authority. The order of CWT(A) is legal, hence upheld. The nutshell of the above discussion is that appeal of the Revenue fails. H.B.T./433/Tax (Trib.) Appeal dismissed.