Lahore High Court
2007
THLN 698
2007 PTD 333 | (2007) 95 TAX 289
Laws Cited
Income Tax Ordinance, 2001 | Income Tax Ordinance, 1979
Sections
128,128(5),133,133(4) | 136,136(1)(2),136(2)

COMMISSIONER OF INCOME TAX/ WEALTH TAX, MULTAN ZONE

VS

MUHAMMAD RAFI, MEDICAL OFFICER, D.H.Q. KHANEWAL

Petitioner(s) by:
Respondent(s) by:
Present: NASIM SIKANDAR AND MUHAMMAD SAIR ALI, JJ
JUDGMENT

NASIM SIKANDAR, J.-In this reference application under section 133(4) of the Income Tax Ordinance, 2001 the revenue through Commissioner of Income Tax/Wealth Tax Multan Zone, Multan claims that following questions of' law arise out of vthe order of the Tribunal, dated 25-7-2002:---(1) "Whether the learned appellate authorities were justified to entertain the evidence produced by the assessee regarding filing of revised return without perusing/examining the record of the office of the Commissioner of Income Tax".(2) "Whether evidence of an official regarding receipt of a return was entertainable when he was not authorized to do so".(3) "Whether the appellate authority were justified to entertain a piece of evidence which was not bona fide but a result of collusive arrangement with an unscrupulous official".2. Earlier a Division Bench of the Tribunal declined reference of these questions to this Court on 15-2-2003 on the ground that the evidence of alleged collusive arrangement between t...