KHALID ABBAS KHAN NIAZI versus MEMBER, INCOME TAX (JUDICIAL), CENTRAL BOARD OF REVENUE, CAMP OFFICE, KARACHI
Income Tax Ordinance 1979 Sections 61, 62, 63, 108, 109, 110, 111 and 138 of the Constitution of Pakistan (1973), Article 199 Constitution Petition filed the Income Tax Declaration, which declared nil income in Part I and Part II exempts income tax returns due to agricultural income. The issuance of several notices under Section 61, Income Tax Ordinance, 1979 was based on the past history of the Ordinance Assessment on taxable income and the assessee was fined under Sections 108, 109, 110 and 111 of the Income Tax Ordinance, The assessment was retained by the 1979 Income Tax Commissioner (Appeal). The same fate was reviewed under Section 138 of the Income Tax Ordinance, which the assessing officer was entitled to evaluate, on the basis of his best decisions not to exercise discretion by the Assessing Officer on the basis of discretion, serious or doubtful. There was speculation, or the constitutional petition was rejected by the High Court.
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