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2007 PTD 2073

Messrs SHEIKH TRADERS vs INCOME TAX APPELLATE TRIBUNAL, LAHORE BENCH,

Citation2007 PTD 2073
CourtLahore High Court
Case No.I.T.A. No, 166 of 2000
Date2007-03-27
Judge(s)Umar Ata Bandial, Sh. Azmat Saeed
ResultAppeal dismissed

ORDER

' This appeal has been filed against the decision dated 2-12-1999 of Income Tax Appellate Tribunal, Lahore Bench that affirms the I.T.O.'s order dated 26-8-1998 adding Rs,241,476 to the appellants declared income of Rs,465,600 for the assessment year 1997-98. The quantum of income added by the Tribunal is based upon the appreciation of the evidence on record and tantamounts to a finding of fact. When the learned counsel for the appellant was asked to explain the legal question arising for determination in this appeal, he submitted that the addition made by the learned Tribunal to the appellant's declared income is based on no evidence whatsoever and this deficiency constitutes a question of law.

2. A perusal of the order of the learned Tribunal shows that the appellant derives its income from the business of a flour mills during the assessment proceedings. The appellant did not produce any books of accounts in support of its declared version. The Assessing Officer gave his findings on the basis of the report of an independent chartered accountant who was appointed to audit the records of the appellant. Apart therefrom, the increase in the appellant's consumption of electricity units during the relevant period was treated as another relevant statistic .By the learned Tribunal to make the impugned addition to the appellant's income.

3. Consequently, the assertion of the learned counsel for the appellant that the impugned addition is devoid of supporting evidence is factually incorrect. Whether the aforesaid material relied by the learned Tribunal suffices to sustain the amount of the addition made by the B impugned finding requires an appraisal of evidence and interference with a finding of fact. That exercise is outside the arena of inquiry undertaken by us in appeal. No legal question arises for determination in this appeal which is accordingly, dismissed.

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