Income Tax Ordinance (XXXI of 1979)---

----S.63---Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), S.11---Best Judgment assessment---Assessment was finalized incomplete disregard of past history of the case against all previous records---No inquiries were made and there was no material on records to support the assessment ---Validity---Mal administration was evident on its very face---Commissioner of Income Tax was directed by the Ombudsman to examine the assessment records and give genuine relief to the assessee in accordance with law-.--Assessment framed was arbitrary, unjust, unfair and was in complete disregard of the past history of the case---Regional Commissioner of Income Tax had already issued instructions to provide genuine relief to the complainant, the cause of grievance would be taken care of---Federal Tax Ombudsman recommended that' the assessment order may be suitably amended in accordance with law and facts under S.122 of the Income Tax Ordinance, 2001.

Muhammad Iqbal Alvi, A.R. for the Complainant.

Dr. Afzal Kazi, D.C.I.T. for Respondent.

DECISION/FINDINGS

The complainant, Mr. Muhammad Akram has alleged that his income-tax assessment for the assessment year 2001-2002 has been finalised in complete disregard of past history of his case and has been subjected to a tax of Rs.63,800 against all previous records. It has also been alleged that no inquiries in his case were made and there was no material on records to support the assessment at an income of Rs.4,50,000.

2. The complainant had filed return showing an income of Rs.70,000 for the assessment year 2001-2002.

3. The respondent in his parawise comments has taken the objection that the complaint falls within-the ambit of section 9(2) of the Establishment of the Office of Federal Tax Ombudsman Ordinance, 2000. However, he has commented that the assessment for the year 2001-2002 which is subject-matter of complaint was finalised without any inquiry or information. The assessment for the year 2001-2002 did not qualify for assessment under Self-Assessment Scheme and for this reason, a notice under section 61 was issued to the complainant in which it was stated that his income would be assessed at Rs.4,50,000. On the due date i.e. 29-5-2002, the AR of the complainant Mr. Muhammad, Iqbal Alvi attended without books of account. The assessment for the year 2001-2002 was completed at a sum of Rs.4,50,000 under section 63 of the Income Tax Ordinance, 1979 (Repealed). No doubt, there were omissions, defects and deficiencies in the return filed by the complainant but the assessment framed cannot be said to be a best judgment assessment under section 63.

4. The respondent in parawise comments, dated 11-12-2002 has stated that the CIT concerned has been directed to obtain explanation of the Assessing Officer for the assessment year 2001-2002 which is a deviation from the past history of the case and without supporting any solid reason. The concerned CIT has also been directed to examine the assessment records and give genuine relief to the assessee in accordance with law.

5. Maladministration is evident on its very face. The assessment framed is arbitrary, unjust, unfair and is in complete disregard of the past history of the case. However, since the RCIT has already issued instructions to provide genuine relief to the complainant, the cause or grievance would be taken care of.

6. It is recommended that the assessment order may be suitably amended in accordance with law and facts under section 122 of the Income Tax Ordinance, 2001 and the order passed by the CIT be sent to this office within 30 days of the receipt of this order.

C.M.A./826/FTOOrder accordingly.