1998 PLP (Trib (PTD)
N/A
| Citation | 1998 PLP (Trib (PTD) |
| Forum / Court | Income-tax Appellate Tribunal Pakistan |
| Bench Members | Shariq Mahmood, Accountant Member |
| Parties | N/A |
| Primary Law | (a) Income Tax Ordinance (XXXI of 1979), (b) Income Tax Ordinance (XXXI of 1979) |
Q1: What are the key laws and sections cited in 1998 PLP (Trib (PTD)?
This judgment primarily cites: (a) Income Tax Ordinance (XXXI of 1979), (b) Income Tax Ordinance (XXXI of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1998 PLP (Trib (PTD)?
The case was heard and decided by the Income-tax Appellate Tribunal Pakistan bench comprising: Shariq Mahmood, Accountant Member.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1998 PLP (Trib (PTD) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mrs. Fiza Muzaffar, D.R. for Appellant.
- Nemo for Respondent.
- Date of hearing: 19th December, 1996.
Headnotes / Summary
S.91
Penalty for non-payment of tax
Reduction in
Assessing Officer imposed certain penalties on assessee for his default in payment of tax which on appeal were reduced to half by Appellate. Authority
Revenue objecting to such reduction
Held, action of A.A.C. in reducing the penalty was in accordance with merits and facts of the case calling for no interference.
S.32(3)
No evidence was furnished by assessee in support of the declared income
Assessing Officer determining income at certain figure which was reduced by A.A.C. on appeal on the ground that it was bald estimate in support of which no evidence was brought on record
Tribunal while observing that order had no basis or material in support of estimate of income, confirmed the relief allowed by A.A.C. in appeal.
Judgment & Decree
(a) 1/5th share in R.F. M/s Haji Brick Kiln Chak No.243/RB, Faisalabad. Rs.6810 (b) Income from Aziz Atta Chakki, Faisalabad. Rs.6000 (c) Interest from Daud Flour Mills Ld., Faisalabad. Rs.34665 (d) Salaries. Rs.48000 Total Income Rs.95475
5. The declared income was accepted in case of interest and salaries. Share income from the Firm was adopted as determined in case of the Registered Firm. In case of the "Aziz Atta Chakki", it was determined at Rs.40,000, after it was observed that no evidence was furnished in support of the declared version.
6. The AAC reduced the same to Rs.18000 observing that the same was a bald estimate and no evidence has been brought on record in support of the estimate. Similarly, no enquiries had been conducted to ascertain the extent of business. It was accordingly reduced to Rs.18000.
7. The DR maintains that this relief is without any justification. III support of the plea of the Revenue it was pleaded that the declared version could not be substantiated by the assessee. It stood rejected and therefore, the relief allowed by the first appellate authority was not called for.
8. I have considered and also examined the record before me. The assessment order has no basis or material in support of the estimate of income. These deficiencies have also been observed by the AAC and he has reduced the amount keeping in view the facts of the case. The Revenue has E not been able to substantiate its point of view. No convincing or cogent reason has been brought on record. The relief allowed by the AAC is confirmed. The Revenue fails.
9. The three appeals preferred by the department being devoid of any merit or fact are accordingly dismissed. C.M.S./371/Trib. Appeal dismissed.