' Allied Cans is a concern which manufactures and sells tin containers having its office at the new Central Jail Chowk, Multan. It has been selected for Total Audit under para 4(ii) of the Self- Assessm ent Scheme by the Income Tax Department. The action has been assailed as being without lawful authority by the firm, through this writ petition, impleading the I.O. Concerned, the Regional Commissioner of Income Tax (Central Region), Lahore and the Central Board of Revenue, Government of Pakistan, Islamabad, as the respondents.
2. The respondents have submitted their comments, maintaining that the petitioner has misconceived the spirit of Self-Assessment Scheme, not realizing that a comparison of the statements of income of the current year, with the statements for the two immediately preceding years, had revealed a manifest disparity as also suppression on his part of the correct information.
There was gross under-estimation of the value of plot and cost of construction stated as Rs,1,85,000, while as per Inspector's report dated 29-1-1992, it was Rs,5,50,000. Statements of the previous years have also been given in the reports made by the respondents.
3. So, obviously it is a field, experts of which are the Income Tax people, and it is not that pure and simple legal proposition, which calls for a determination by this Court. Estimation of income etc. Evidently involves a factual inquiry, which this Court in exercise of its writ jurisdiction cannot possibly undertake. The petitioner concern, if genuinely aggrieved, can avail of the remedies available under the Income Tax Ordinance, 1979, and it would not be correct to say that a writ petition is the only remedy, which could be invoked for redressed of the grievances in question.
4. Of all the circumstances the most important would be the laches, with which the petitioner has approached this Court. The matter relates to the assessment year 1990-91 and is going to be time- barred today. A stay order had been issued on entertainment of the writ petition on 23-4-1994, by reason of which there could be achieved no progress in the proceedings before the Income Tax Officer. The respondents maintain that if the assessment is stranded, for a further period, it will cause irretrievable injury to the public interest, as process of revenue collection by the Government will be stifled. The notice sought to be struck down as illegal and inoperative was issued on as back as 24-2-1992. There is no worth-while explanation forthcoming for the inordinate delay of two years and two months, with which this Court was approached in the matter. This ground alone will disentitle the petitioner to the discretionary relief, for the move made is ill-intentioned, as also misconceived and the object is to derive an undue advantage, by making the Income Tax Authorities helpless in the matter. I am not at all convinced about the competence of the writ petition, as also bona fides of the petitioner, and proceed to dismiss the petition.