Judgment Sheet IN THE LAHORE HIGH COURT BAHAWALPUR BENCH BAHAWALPUR JUDICIAL DEPARTMENT

Similar documents
ITANo.834/LB/2010 (Assessment Year 2006) ITANO.835/LB/2010 (Assessment Year 2007) The CIR, Legal Division, RTO, Lahore. Versus

IN THE LAHORE HIGH COURT LAHORE RAWALPINDI BENCH, RAWALPINDI. Case No: STR No. 01/2011. Versus

ORDER. 1. That order passed by both the authorities below are bad in law and against the facts of the case.

IN THE HIGH COURT OF KARNATAKA AT BANGALORE PRESENT THE HON'BLE MR.JUSTICE DILIP B.BHOSALE AND THE HON'BLE MR.JUSTICE B.MANOHAR ITA NO.

APPELLATE TRIBUNAL INLAND REVENUE.HEADQUARTERS BENCH, ISLAMABAD. ITA No. 38/1B/2012 (Tax year 2009) ITANo. 136/IB/2012 (Tax year-2009)

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH H : NEW DELHI VICE PRESIDENT AND SHRI CHANDRA MOHAN GARG, JUDICIAL MEMBER

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A, MUMBAI. Before Shri G S Pannu, Accountant Member & Shri Ram Lal Negi, Judicial Member

Before Sh. J. S. Reddy, AM And Sh. George George K., JM

G.A no.1150 of 2015 ITAT no.52 of 2015 IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income Tax) ORIGINAL SIDE

IN THE HIGH COURT OF DELHI : NEW DELHI SUBJECT : INCOME TAX MATTER. ITA No-160/2005. Judgment reserved on: 12th March, 2007

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: G NEW DELHI BEFORE SHRI G. D. AGRAWAL, PRESIDENT AND MS SUCHITRA KAMBLE, JUDICIAL MEMBER

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI

Muhammad Jawed Zakaria, Judicial Member:-

IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: 20 th January, 2010

Appellant :- Commissioner Of Income Tax, Meerut And Another

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD. TAX APPEAL NO. 866 of 2013 ======================================

TaxHelpline 2014/141

IN THE ITAT BANGALORE BENCH C. Vinay Mishra. Assistant Commissioner of Income-tax. IT Appeal No. 895 (Bang.) of s.p. no. 124 (Bang.

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX MATER. Judgment delivered on: ITA 243/2008. versus

Stereo. H C J D A 38. Judgment Sheet IN THE LAHORE HIGH COURT LAHORE JUDICIAL DEPARTMENT. Case No: S.T.R. No.115/2015

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No.2015 OF 2007 VERSUS J U D G M E N T

Commissioner of Income Tax 2. Mr. Suresh Kumar for the appellant Mr. Niraj Sheth i/b Atul Jasani for the respondent. DATED : 4 th JUNE, 2018.

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH G, NEW DELHI)

IN THE HIGH COURT OF DELHI AT NEW DELHI ITA 605/2012. CIT... Appellant. Through: Mr Sanjeev Rajpal, Sr. Standing Counsel. versus ORIENTAL STRUCTURAL

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD. TAX APPEAL NO. 93 of 2000

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT, Date of Decision: 23rd February, ITA 1222/2011

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH G NEW DELHI SHRI I.C. SUDHIR, JUDICIAL MEMBER & SHRI L.P. SAHU, ACCOUNTANT MEMBER

Writ Petition No.252 of 2011, decided on 29th March, 2012.

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHE A, PUNE BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER

APPEALS & REVISIONS. PART I (For CAF-6 and ICMAP students)

BEFORE THE APPELLATE TRIBUNAL SINDH REVENUE BOARD APPEAL NO. 112/2015. Versus. The Commissioner-I, SRB& others ORDER

IN THE HIGH COURT OF JHARKHAND AT R A N C H I ---- Tax Appeal No. 04 of I.T.O., Ward NO.1, Ranchi. Appellant. Versus

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 9. + W.P.(C) 6422/2013 & CM No.14002/2013 (Stay) versus. With W.P.(C) 4558/2014.

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI 14 + ITA 557/2015. versus CORAM: DR. JUSTICE S.MURALIDHAR MR. JUSTICE VIBHU BAKHRU O R D E R %

IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income-tax) Original Side. I.T.A. No.201 of 2003

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE A BENCH, BANGALORE

The Commissioner of Income Tax Versus M/s. Aditya Birla Nuvo Ltd.

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH `F : NEW DELHI BEFORE SHRI G.E. VEERABHADRAPPA, VICE PRESIDENT AND SHRI C.L.SETHI, JUDICIAL MEMBER.

Indus Tower Limited and another. State of Andhra Pradesh and others

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND THE HON BLE MRS. JUSTICE S.SUJATHA ITA NO.

C.R. Building, I.P. Estate

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF Tapan Kumar Dutta...

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD

IN THE HIGH COURT OF KARNATAKA, BENGALURU. DATED THIS THE 14th DAY OF AUGUST, 2015 PRESENT THE HON'BLE MR. JUSTICE VINEET SARAN AND

2. THE DEPUTY COMMISSIONER OF INCOME-TAX CIRCLE-11(1) RASHTROTHANA BHAVAN NRUPATHUNGA ROAD BANGALORE APPELLANTS (BY SRI K V ARAVIND, ADV.

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: E : NEW DELHI BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND SH. O.P. KANT, ACCOUNTANT MEMBER

THE HIGH COURT OF DELHI AT NEW DELHI

THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: ITA 232/2014 COMMISSIONER OF INCOME TAX-VI

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO OF B.L. Passi... Appellant(s)

ITA 256 OF In The High Court At Calcutta Special Jurisdiction (Income Tax) Original Side

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL No. 7 OF 2019 [Arising out of SLP (C) No of 2014] Versus

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. ITA No. 217 of 2002 Date of decision Commissioner of Income Tax(Central) Ludhiana

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH B BENCH BEFORE SHRI B.R.MITTAL(JUDICIAL MEMBER) AND SHRI RAJENDRA (ACCOUNTANT MEMBER)

Vs. Date of hearing : Date of Pronouncement : O R D E R

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION. CIVIL APPEAL NO OF 2019 (Arising out of SLP (Civil) No.

Commissioner of Income Tax 1. M/s. Gagandeep Infrastructure Pvt.Ltd.

Commissioner of Income-Tax Vs. Punjab Chemical & Crop Protection Ltd

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH H, NEW DELHI BEFORE SH. G.C.GUPTA, V.P. AND SH. PRASHANT MAHARISHI, AM

BEFORE THE FULL BENCH: ODISHA SALES TAX TRIBUNAL: CUTTACK

IN THE HIGH COURT OF KARNATAKA, BANGALORE PRESENT. THE HON'BLE Mr. JUSTICE AND. STRP Nos OF 2013*

This is an appeal by the department against the order dated of ld. CIT(A)-XXII, New Delhi.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1601 OF Commissioner of Income Tax 16. Vs.

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.JUSTICE JAYANT PATEL AND THE HON BLE MRS.JUSTICE B.V.NAGARATHNA. ITA No.

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

2 said issue of non-granting of interest on the refund due to the appellant, in the present appeal. 2. This appeal came up for preliminary hearing bef

IN THE INCME TAX APPELLATE TRIBUNAL, C BENCH, KOLKATA. Before : Shri M. Balaganesh, Accountant Member, and Shri S.S. Viswanethra Ravi, Judicial Member

ITA No. 331 of IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. ITA No. 331 of 2009 (O&M) Date of decision: November 4, 2009

IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH `E : NEW DELHI) BEFORE SHRI U.B.S. BEDI, JUDICIAL MEMBER AND SHRI J.S. REDDY, ACCOUNTANT MEMBER

IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, AGRA. ITA No.450/Ag/2015 Assessment Year:

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT RESERVED ON: PRONOUNCED ON: ITA No.119/2012

IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD B BENCH

Income Tax Appeal No. 6 of M/s. Shiv Shakti Flour Mills (P) Ltd., Makum Road, Tinsukia Versus-

ITA No. 140 of had been sold on , had been handed over to him. The assessee furnished the desired information and documents, including

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT. Judgment delivered on : ITA Nos. 697/2007, 698/2007 & 699/2007.

ORDER SHEET IN THE HIGH COURT OF SINDH AT KARACHI C.P. No. D-1902 of ORDER WITH SIGNATURE(S) OF JUDGE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGNAL CIVIL JURISDICTION WRIT PETITION NO.1017 OF 2011

STATE OF GUJARAT KAIRAVI STEEL

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: H : NEW DELHI BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER

Before the Appellate Board National Electric Power Regulatory Authority (NEPRA) Islamic Republic of Pakistan

Pr. Commissioner of Income Tax 3, Aayakar Bhavan, M.K. Road,

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO OF 2013

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D, NEW DELHI Before Sh. N. K. Saini, AM And Smt. Beena A. Pillai, JM

ITA No.681 & 824/Kol/2015-M/s. Kalyani Barter (P)Ltd. A.Y

IN THE HIGH COURT OF DELHI AT NEW DELHI SUBJECT : INCOME TAX ACT. Decided on : ITA 195/2012, C.M. APPL.5434/2012

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, CHANDIGARH BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND MS. RANO JAIN, ACCOUNTANT MEMBER

* IN THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: INTERNATIONAL ASSET RECONSTRUCTION COMPANY LTD

CORAM: HONOURABLE MR.JUSTICE AKIL

IN THE HIGH COURT AT CALCUTTA Special Jurisdiction (Income-tax) (Original Side) I.T.A. No.219 of 2003

IN THE HIGH COURT OF MADHYA PRADESH. ITR No.192/1997 COMMISSIONER OF INCOME TAX, JABALPUR. M/s VINDHYA TELELINKS LTD JUDGEMENT

No disallowance under section 14A, where the assessee has got no income from a composite and indivisible business

IN THE HIGH COURT OF KARNATAKA, BENGALURU PRESENT THE HON BLE MR.JUSTICE JAYANT PATEL AND THE HON BLE MR.JUSTICE ARAVIND KUMAR

IN THE INCOME TAX APPELLATE TRIBUNAL, BANGALORE BENCH B BEFORE SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER

THE HIGH COURT OF DELHI AT NEW DELHI. % Judgment delivered on: THE COMMISSIONER OF INCOME TAX. - versus M/S ZORAVAR VANASPATI LIMITED

IN THE HIGH COURT OF KARNATAKA AT BENGALURU PRESENT THE HON BLE MR.JUSTICE JAYANT PATEL AND THE HON BLE MRS.JUSTICE S SUJATHA ITA NO.

IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH B, LUCKNOW BEFORE SHRI SUNIL KUMAR YADAV, JUDICIAL MEMBER AND SHRI. A. K. GARODIA, ACCOUNTANT MEMBE

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F, NEW DELHI BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A, HYDERABAD BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER

ARMED FORCES TRIBUNAL, CHANDIGARH REGIONAL BENCH AT CHANDIMANDIR. TA No.1139 of 2010 (arising out of C.W.P. No.8469 of 2004) Versus

Transcription:

Stereo HCJDA 38p. Judgment Sheet IN THE LAHORE HIGH COURT BAHAWALPUR BENCH BAHAWALPUR JUDICIAL DEPARTMENT ITR No.01/2012/ BWP (Commissioner Inland Revenue versus Zulfiqar Ali Proprietor M/s Ali Electronic Spare Parts) JUDGMENT DATES OF HEARING: 01.03.2012. PETITIONER (Commissioner Inland Revenue) BY: Respondent (Zulfiqar Ali Proprietor M/s Ali Electronic Spare Parts Mr. Muhammad Siddique Chohan, Advocate. Sh.Zafar-ul-Islam and Mr. Niaz Ahmad Khan, Advocates. ABDUS SATTAR ASGHAR, J.- In this Reference Petition under section 133(4) of the Income Tax Ordinance, 2001, the Revenue through Commissioner in-land Revenue Legal Division, Zone Rahimyar Khan, Regional Tax Office, Bahawalpur claims that following question of law arises out of the order of the Appellate Tribunal Inland Revenue, Lahore Bench (Camp at Multan), Lahore dated 18.10.2011:- Whether on the facts and in the circumstances of the case, the Tribunal has not erred in law by not cognizance of fact that the Commissioner (Appeals) had admitted the documentary evidence without establishing that the taxpayer was prevented by sufficient cause from providing such evidence before the Taxation Officer as provided in sub-section (5) of Section 128 of the Income Tax Ordinance, 2001 2. Contents of the Reference Petition reveal that the respondent/assessee is an individual. He filed return of his income at Rs.1,10,000/- for the Tax Year 2009. Later on the Department got information that the respondent had purchased a plot situated at Sohail Market, Rahimyar Khan for consideration of Rs.15,00,000/- on

ITR No.01 of 2012/BWP 2 18.03.2009. On scrutiny of the return filed by the respondent it revealed to the Department that the income declared by him did not commensurate with his investment. Consequently the Department initiated proceedings against the respondent by issuing statutory notices calling for explanation of source of investment. On his failure in submission of requisite explanation/reply to the notices on the due date despite opportunities, the Deputy Commissioner inland Revenue amended the assessment at Rs.17,60,000/- and charged the tax thereon at Rs.4,40,000/- vide order dated 31.05.2010. 3. Being aggrieved the respondent filed an appeal before the Commissioner In-land Revenue (Appeals), Multan on various technical and legal grounds. The appeal was allowed vide order dated 27.01.2011 and amended assessment was cancelled mainly on the grounds, firstly that the respondent (appellant) was not furnished reasonable opportunity of explaining the position as stipulated in the CBR s Circular letter No.7(2) dated 01.02.1994, and secondly that reconciliation statement as at 30.06.2009 filed by the respondent (appellant) shows availability of funds to make investment in the property duly taken into consideration in exercise of powers under section 128(5) of the Income Tax Ordinance, 2001 vested in the Commissioner (Appeals). The Department impugned the order of the learned CIRA dated 27.01.2011 before the learned Appellate Tribunal Inland Revenue, Lahore Bench (Camp at Multan) through an appeal mainly on the grounds that the learned Commissioner (Appeals) was not justified to entertain the wealth statement as on 30.6.2009 under section 128(5) of the Income Tax Ordinance, 2001 in the absence of any sufficient cause which had prevented the respondent from producing such material or evidence before the learned Commissioner. The appeal lodged by the Department however was dismissed vide order dated 18.10.2011, hence the Reference. 4. We have given patient hearing to the learned counsel for Revenue as well as the respondent and gone through the record carefully.

ITR No.01 of 2012/BWP 3 5. At the out-set it is pertinent to notice that the CBR Circular No.7(2) dated 01.02.1994 manifests that three opportunities of clear 15 days should be offered to the assessee before making estimation/assessment. In the instant case the Assessing Officer issued first notice to the respondent on 14.04.2010 allegedly served on 17.4.2010 with a date of compliance i.e. 22.04.2010 whereas the second notice was issued on 24.05.2010 allegedly served on 26.5.2010 with a date of compliance i.e. 31.05.2010. It is crystal clear that in both the notices only five days time (each) was provided to the respondent assessee to make the explanation/reply violative to the CBR Circular cited above. Therefore amended assessment order passed on 31.05.2010 was obviously made without providing reasonable opportunity of explaining the position and thus the same was not tenable in law. 6. At this stage, it may be expedient to reproduce the relevant provision of section 128 (5) of the Income Tax Ordinance, 2001, which reads below:- The Commissioner (Appeals) shall not admit any documentary material or evidence which was not produced before the Commissioner unless the Commissioner (Appeals) is satisfied that the appellant was prevented by sufficient cause from producing such material or evidence before the Commissioner. 7. The learned Appellate Tribunal vide order dated 18.10.2011 dismissed the appeal while taking into consideration the legal points of opportunity of hearing as well as the Authority of the Commissioner (Appeals) in terms of section 128(5) of the Ordinance ibid. Concluding para of the order dated 18.10.2011 is reproduced hereunder:- The department has objected the cancellation of the orders but while perusal of the impugned order, we have found that the order passed by the Taxation officer has been cancelled with the observations that the reasonable opportunity to the taxpayer in this case was not allowed and the reconciliation statement filed by the taxpayer was showing availability of funds to make investment in the property on the basis of which the addition has been made and the amended order has been passed by the Taxation Officer. The learned CIR (A) after considering the details

ITR No.01 of 2012/BWP 4 furnished by the taxpayer has cancelled the order being satisfied that there was no valid reasons to amend the already completed assessment. The learned DR is unable to point out that the order passed by the Taxation Officer has been cancelled without any justification. The appeal filed by the department is, therefore, dismissed. 8. There is no cavil to the proposition that sub-section (5) of Section 128 of the Ordinance ibid empowers the Commissioner Inland Revenue (Appeals) to entertain any documentary material or evidence although such admission is subject to his satisfaction that the appellant was prevented by sufficient cause from producing such material or evidence before the Deputy Commissioner Inland Revenue. The expression to his satisfaction used in sub-section (5) of Section 128 of the Ordinance bears grave importance. In his order dated 27.01.2011 Commissioner (Appeals) has categorically expressed his satisfaction to exercise his powers under sub-section (5) of Section 128 of the Ordinance ibid. In this case record reveals that the Department did not question the satisfaction of the Commissioner Inland Revenue (Appeals) when he entertained and examined the wealth statement as on 30.06.2009 furnished by the respondent. In the peculiar circumstances of this case since the respondent was not provided ample opportunity to explain his position through reply of the notices, therefore he could not be penalized for default on the part of the Assessment Officer. Learned Appellate Tribunal therefore has rightly observed that there was no valid reason with the Taxation Officer to amend the already completed assessment. 9. It is pertinent to mention that jurisdiction of this Court in terms of Section 133(4) of the Ordinance ibid is of advisory nature clearly distinct and distinguishable from its appellate or revisional jurisdiction. The purpose of reference therefore should be only to resolve problematic and debatable legal question instead to get a decision for or against a party. In this Reference question raised by the Department appears to be point of law which could not be equated with the expression question of law. The object of the Reference before this Court under section 133(4) of the Ordinance

ITR No.01 of 2012/BWP 5 ibid remains that an affirmative or negative reply to a question referred to this Court should furnish guidance to the parties for useful, comfortable and effective assessment proceedings on substantial legal issues of general interest. Certainly general practice on the part of the Department or the assessees to convert the factual controversy into legal issues not falling within the purview of question of law cannot be approved at all. Reliance is made upon, (i) The Lungla (Sylhet), Tea Co. Ltd. vs Commissioner of Income Tax Dacca Circle Dacca (1970 SCMR 872), (ii) Commissioner of Income Tax/Wealth Tax, Multan Zone vs Muhammad Rafi, Medical Officer, D.H.Q. Khanewal (2007 PTD 333-Lahore). 10. For the above discussion and reasons we are of the considered view that the above question as framed in the Reference Petition is neither a question of law nor it involves a substantial legal issue between the parties. Therefore, we decline to entertain and answer the aforesaid question. This petition is disposed of accordingly. (AMIN-UD-DIN KHAN) (ABDUS SATTAR ASGHAR) APPROVED FOR REPORTING. Sarwar