FAKHAR MEHMOOD vs ABDUL RAZZAQ, SPECIAL OFFICER OF INCOME TAX, CIRCLE-12, ZONE A, LAHORE, Etc
This petition for leave to appeal arises out of a judgment passed by the Lahore High Court concerning re-assessment proceedings initiated against the petitioner pursuant to orders passed by the Special Officer of Income Tax and the Commissioner of Income Tax. During the hearing, the learned counsel for the respondents stated that the Commissioner of Income Tax is willing to reconsider the controversy after hearing the parties in accordance with the law, which proposition was accepted by the learned counsel for the petitioner. Consequently, the Supreme Court disposed of the petition in terms of the statement made by the respondents' counsel, allowing for a fresh consideration of the matter by the concerned authority after affording an opportunity of hearing to the parties.
- Whether reassessment proceedings can be reconsidered by the tax authorities after affording a hearing to the parties?
- Can a petition for leave to appeal be disposed of on the basis of a statement made by the respondents' counsel agreeing to reconsider the controversy?
ORDER
IRSHAD HASAN KHAN, J.- This petition for leave to appeal is directed against the judgment dated 21.7.1997 passed by the Lahore High Court, Lahore in Writ Petition No. 6656 of 1997 arising of of proceedings initiated against the petitioner for re-assessment pursuant to the order dated 21.1.1996 passed by the Special Officer of Income Tax, Lahore and the order dated 22.12.1996 passed by the Commissioner of Income Tax, Zone-A, Lahore.
2. After agruing the case at some length, Mr. Muhammad Ilyas Khan, learned counsel for the respondents states that the Commissioner of Income Tax, Zone-A, Lahore is willing to reconsider the controversy raised herein after hearing the parties in accordance with law. This is acceptable to Mr. S.M. Masud, ASC learned counsel for the petitioner.