MESSRS TANVEER AHMED KHAN versus SECRETARY, REVENUE DIVISION, ISLAMABAD
Sections 19 and 63 of the Wealth Tax Act (XV of 1963), the Office of Preamble Establishment of the Federal Tax Ombudsman Ordinance (XXXV of 2000), Section 2 (3) of income from home property, estimates of rental income. Was adopted on the basis of commitment. Rental Property for Wealth Tax Purpose The rental option for income tax purposes based on the rent determined for the Wealth Tax assessment was illegal because the property price was reasonably expected to be deducted for wealth tax purposes. The basis was fixed whether the property remained vacant throughout the year but in the case of income tax where the property was allowed to be rented it was to be taken on the basis of the receiver the property was actually let out. The rent received by the borrower needed to be taken into account. And if he believed that the rent announced was not valid, he should have inquired to find out the correct position. Saying that the wrong basis for determining rental income was contrary to the provision of section 19 of the Income Tax Ordinance, the 1979 injunction without a legal basis was plainly and against the law from which the corruption was established. The Tax Ombudsman recommended that the Assessment Order be canceled and fresh ordered after the competent authority has taken into account the facts and circumstances of the case and after the complainant / reviewer has reviewed the appropriate opportunity for the hearing.
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