' The petitioner is an individual and an assessee of the Income Tax Department. For the assessment year 2001-2002 he field his return to avail Self-Assessment Scheme in terms given in Circular No,4 of 2001, dated 18-6-2001. These conditions included a declaration of income higher at 20% or more comparing the tax payable on the income tax last declared or assessed. However, subsequently he was served with a notice refusing the concession inter alia on the ground that during assessment proceedings in respect of another year it transpired that the petitioner had undertaken foreign travels which had not been declared in the return filed under the Self-Assessment Scheme. It was further alleged that on being confronted the individual/assessee amended his wealth statement attached with the return in order to explain these foreign travels. The revising of wealth statement according to the Revenue was a good reason for them to deny the concession of Self Assessment Scheme to the petitioner.
2. However, I will not agree. The petitioner having declared higher income by certain percentage as required by the Revenue is certainly entitled to avail the concession. The issue if revising of wealth statement in the background of earlier proceedings does not appear very much material as far the availing of the concession is concerned. The other question that in terms of para. 7(vi) the petitioner has been guilty of concealment will also not derogate from his right to avail Self- Assessm ent Scheme. If at all the Revenue is in possession of an evidence of concealment the only way open for it is to first accept the return under Self-Assessment Scheme and then to proceed to re-open it in accordance with the provisions of law.
3. The issuance of impugned notice under section 61 of the late Income Tax Ordinance, 1979, dated 13-4-2002 in this view of the situation cannot be found to be a legal exercise of jurisdiction. It shall accordingly be set aside.
4. Petition accepted.