COMMISSIONER INLAND REVENUE MULTAN vs Sh — 2021 PTD 639 SUPREME-COURT

Case information

Citation: 2021 PTD 639 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2021
Reporter: PTD
Parties: COMMISSIONER INLAND REVENUE MULTAN vs Sh
Subject matter: Tax & Customs
Provisions referred to: S. 39; S. 182; Income Tax Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

COMMISSIONER INLAND REVENUE MULTAN VS Sh. MUHAMMAD AMIN ARSHAD Ss. 39, 122(5) & 182(2)---Income on account of supplies made to a company---Amendment of assessment by Commissioner---"Definite information"---Scope---Respondent-tax payer, who was a commission agent/broker, declared an income of Rs.34,42,374/- on account of supplies to a company; he assessed his income tax as Rs.3,42,437---Deputy Commissioner (Inland Revenue), however, detected receipt of payments through bank cheques far beyond the declared amount, running to the tune of Rs.56,12,36,365---Deputy Commissioner initiated proceedings against the respondent-tax payer under Ss. 122(5)(9) & 111(1) of the Income Tax Ordinance, 2001 ("the 2001 Ordinance"), considering the detection as "definite information" and determined tax liability---Legality---Respondent-tax payer did not deny the payments, the modes thereof and productwise quantum of the purchases---Respondent failed to substantiate his contention qua business activities with the company, to which it had made supplies, in the light of banking transactions---Department had rightly determined the income of the respondent under S. 39 of the 2001 Ordinance along with income tax chargeable and penalty consequent thereupon under S. 182(2) thereof---Orders passed by the Commissioner Inland Revenue (Appeals) and the Deputy Commissioner (Inland Revenue) being well within the remit of law were restored---Petition for leave to appeal was converted into appeal and allowed.

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