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COMMISSIONER OF WEALTH TAX vs SINDH STEEL CORPORATION (PRIVATE) LIMITED, KARACHI Ss — 2023 PTD 231 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PTD 231 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Reporter
PTD
Parties
COMMISSIONER OF WEALTH TAX vs SINDH STEEL CORPORATION (PRIVATE) LIMITED, KARACHI Ss
Subject matter
Tax & Customs
Provisions referred to
S. 14; S. 17; Wealth Tax Act

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 OF WEALTH TAX VS SINDH STEEL CORPORATION (PRIVATE) LIMITED, KARACHI Ss.16(3), 17 & 27---Wealth tax assessment---Jurisdiction---Principle of redundancy---Applicability---Valuation date previous to previous year---Dispute was with regard to non-filing of wealth tax return by assessee for year previous to previous year---Assessing Authority imposed tax and additional which were annulled by Income Tax Appellate Tribunal---Validity---Authorities were not vested with power or authority to issue notice under S.14(2) of Wealth Tax Act, 1963 but was fully empowered by that time, to have issued notice under S. 17 of Wealth Tax Act, 1963, which was not done---Intention of the Legislature was to call for return of networth of a person as on valuation date of previous year, under the provision of S.14(2) of Wealth Tax Act, 1963 and for the year previous to the previous year, under S.17(2) of Wealth Tax Act, 1963---Authorities could not be permitted to issue notice under S.14(2) of Wealth Tax Act, 1963 for previous to the previous year, where wealth was escaped assessment as provision of S.17 of Wealth Tax Act, 1963 would become redundant---Both the provisions of law catered and dealt with two different situations and no redundancy could be attributed to law---High Court declined to interfere in the order passed by Income Tax Appellate Tribunal---Appeal was dismissed, in circumstances.

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