PTD 1997

1997 PLP (Trib (PTD)

N/A

Jurisdiction / Court
Income-tax Appellate Tribunal Pakistan
Decided Date
I. T.A. No. 1524/LB of 1992-93, decided on 14th January, 1997
Honorable Judges
Ashfaq Ahmad, Accountant Member
Case Reference Summary (AEO Optimized)
Citation 1997 PLP (Trib (PTD)
Forum / Court Income-tax Appellate Tribunal Pakistan
Bench Members Ashfaq Ahmad, Accountant Member
Parties N/A
Primary Law Income Tax Ordinance (XXXI of 1979)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
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.

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

Income Tax Ordinance (XXXI of 1979)

Representation

  • Saleem Akhtar for Appellant.
  • Mian Munawar Ghafoor, D.R. for Respondent.
  • Date of hearing: 6th January, 1997.

Headnotes / Summary

S. 22

Income from business

Electronic goods

Estimate of sales-- Add backs in Profit and Loss Account

Assessee returned income by applying his own G.P. rate

Assessing Officer, discarding declared results, adopted sales at higher level with his own G.P. rate and made add backs in P&L Account

First Appellate Forum maintained estimate of sales but deleted add backs in P & L Account

Case being that of no account, estimation of sales appeared slightly on higher side, therefore, sales were reduced a little and add backs deleted by Appellate Tribunal considering volume of business.

Judgment & Decree

Rs.1,109 2.Entertainment Rs. 800 3.Postage Rs. 500 The issue of G.P. rate has not been pressed by the learned counsel.

2. The brief facts of the case are that the appellant, an individual derives income from dealing in electronic goods. The appellant declared sales at Rs.22 lac yielding a G.P. rate of 6.15%. The Assessing Officer after discussing various facts in the body of the assessment order estimated the sales at Rs.40 lac to which G.P. rate at 6.5% was applied. After making some add backs in the profit and loss account the net income of the appellant was determined at Rs.209,409 as against declared income of Rs.75,

500. The appellant being aggrieved filed an appeal before the CIT(A) who maintained the estimate of sales but deleted the add backs in the profit and loss account under the heads conveyance, travelling and shop expenses.

3. We have heard the parties and gone through the orders passed by the authorities below. The learned A.R. of, the appellant has contended that the declared sales should have been accepted and the add backs made in the profit and loss account are not justified as the Assessing Officer has not quoted any instance of unverifiable nature of the claims. We have considered the submissions made by the learned A.R. This is a no accounts case. In the immediately preceding year sales were declared at Rs.27,50,

000. The plea taken before the CIT(A) that there were no supplies in the year under appeal is not reflected in the assessment order. However, the estimation of sales at Rs.40 lac appears to be slightly on the higher side. Therefore, the sales are reduced to Rs.35 lac. The add backs made under the heads telephone, entertainment and postage at Rs.1,109, Rs.800 and Rs.500 respectively are deleted considering the volume of business conducted by the appellant.

4. The appeal is allowed in the above stated manner. C.M.S./340/Trib. Appeal allowed.