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2005 PTD 1881

COMMISSIONER OF INCOME TAX/ WEALTH TAX, FAISALABAD ZONE, FAISALABAD

Citation2005 PTD 1881
CourtLahore High Court
Case No.Income Tax Appeal No.542 of 1998
Date2004-12-21
Judge(s)Mian Saqib Nisar, Sh. Azmat Saeed
ResultAppeal dismissed

ORDER

1. The Assessing Officer, enhanced the declared value of the three properties of the respondent- assessee, which order was challenged by him, before the CIT (Appeals) and certain reductions were made by the A appellate forum. The order when challenged by the appellant before the Income Tax Tribunal, has been affirmed. The question raised in this case is, whether in the acts and circumstances of the case, the learned Tribunal was justified to confirm reduction in valuation of the house, the shop and the land and building of the assessee?

2. 2: The CIT (Appeals), while reducing the value of the house and the shop has validly reasoned, that for the last year the value of these two properties was ieduced, and since then no change has occurred, warranting the increase. For the land and building of Riaz Engineering Works, it has been held that for the previous assessm ent year, the asset was assessed. At Rs.25,84,000 but in appeal it has been reduced to Rs.17,50,000 and again no change has occurred on account of which the value should have been increased This order, as mentioned above, has been affirmed by the Appellate Tribunal and the learned counsel for the appellant has not been able to show, that the basis, on which the reduction has been made by the CIT (Appeals) and affirmed by the Tribunal, is either illegal or unlawful. Obviously, when for the previous years, the value of the properties was assessed for a particular amount and no change since then has taken place, the Assessing Officer was wrong in enhancing the value, and the same value should have been adopted. This error rightly has been corrected by the CIT (Appeals), which is affirmed by the Tribunal. The question is thus, accordingly answered.

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