Income Tax Appellate Tribunal
2006
THLN 1022
2006 PTD 2849
Laws Cited
Income Tax Ordinance, 1979
Sections
56,13(1)(aa),30(2)(e)

VS

Petitioner(s) by:
Respondent(s) by:
Present: RASHEED AHMED SHEIKH, JUDICIAL MEMBER
ORDER

RASHEED AHMED SHEIKH (JUDICIAL MEMBER).-The assessee as well as the Revenue has called into question the order passed by the CIT(A) Zone-V, Lahore, dated 21-1-2004 in respect of assessment year 1986-87.2. The assessee is aggrieved against initiation of proceedings under section 56 of the Repealed Income Tax Ordinance, 1979 for the assessment year 1986-87 to be without any lawful jurisdiction on account of limitation provided for issuance of notice under this section. Also agitated the addition made under section 13(1)(aa) of the Repealed Income Tax Ordinance amounting to Rs.4,00,000 to be ab initio illegal void for want of confrontation on this point. Further assailed that since no notice whatsoever under sections 61/62 of the Repealed Income Tax Ordinance was served upon the appellant meaning thereby he has been condemned unheard which is violative of canons of natural justice. Conversely, it was the contention of the Revenue that the learned Appeal Commissioner has fallen in grave er...