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2002 PTD 2548

Mst. ILYAS JAN ALAM, LAHORE vs COMMISSIONER OF INCOME-TAX, ZONE-A,

Citation2002 PTD 2548
CourtLahore High Court
Case No.C.T.R. No. 344 of 1991
Date2002-04-10
Judge(s)Muhammad Saeed Akhtar, Nasim Sikandar
ResultOrder accordingly

ORDER The Lahore Bench of the Income-tax Appellate Tribunal has referred the following questions of law which are stated to have arisen out of their order dated 9-9-1986:-- "(a) Whether on the facts and circumstances of the case, the impugned addition of Rs.2,54,180 was legally invalid for failure of the ITO in adverting to section 13(2) and for want of statutory prior approval of the IAC under section 13(2) of the Income Tax Ordinance to estimate the market value of the property in question? "(b) Whether on the facts and circumstances of the case, the findings of the Tribunal in determining the market value of land and superstructure of the house purchased by the assessee were not supported by any evidence or reasonable basis and it also misdirected itself in appreciating the evidence on record? -(c) Whether on the facts and in the circumstances of the case, the. method of determining the market value of the old house purchased by the appellate, as adopted by the Tribunal, was erroneous. (d) "Whether on the facts and in the circumstances of the case, the Tribunal has violated the principle of natural justice by adopting those instance for determining the market value of the house purchased by the assessee which were neither confronted to the assessee nor were actually identical?

2. Learned counsel for the Revenue at the outset agrees that in view of a recent judgment passed in C.T.R. No.107 of 1991 re: Messrs Khurram Sagir Industries Lahore v. CIT Zone-A Lahore answered on 26-10-2000 the answer to question No.1 has to be in the affirmative. In that order we bone fited from a recent judgment of Karachi High Court in re: Commissioner of Income-tax v. Muhammad Kassim (2000 PTD 280).

3. The other three questions in view of our affirmative answer to question No.1 need not be answered being only of consequential in nature.

4. Reference disposed of accordingly.

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