Law: Income Tax Ordinance, 1979

Section: 129,111,177(4),120,111(1)(a)(b),122(1)(5 ),

(a) Income Tax Ordinance (XXXI of 1979)----Ss. 129, 111, 177(4) & 120---Decision in appeal---Remand/set aside of assessment order for de novo assessment---Bank credit entries---Request for adjournment was declined by the Assessing Officer and addition was made to the credit entries in the income---First Appellate Authority accepted the plea that reasonable opportunity had not been granted by the Assessing Officer and remanded the case for fresh adjudication and other jurisdictional objection regarding the foundational illegality of the assessment order was neither considered nor disposed of---Taxpayer contended that provision empowering the First Appellate Authority to set aside the assessment order with the directions to make new assessment order had been deleted through Finance Act, 2005 from S.129 of the Income Tax' Ordinance, 2001 which amendment conferred extensive powers to the First Appellate Authority to examine evidence and to undertake further enquiries to decide the case instead of remanding same for de novo assessment proceedings---Validity---Language of the amended provision empowered the First Appellate Authority to undertake further enquiries and examine the record for deciding the case by the Authority itself without sending the case back to the Assessing Officer---Opinion expressed in the of Appellate Tribunal, relied upon by the First Appellate Authority, was rendered in oblivion of the language of the amendment and the unambiguous law regarding the concept of setting aside of assessment for de novo proceedings under the income tax law and of Superior Courts---Appellate Tribunal followed the legal provisions and law laid down by the Superior Courts in holding that the First Appellate Authority lacked jurisdiction to remand the case to the Assessing Officer for new assessment order. Sind Employees Social Security Institution and another v. Adamjee Cotton Mills Ltd. PLD 1975 SC 32 rel. Federation of Pakistan v. Messrs Noorani Trading Corporation (Pvt.) Ltd. 1992 SCMR 710 ref. I.T.As. Nos. 420 and 421/LB of 2009, dated 1-12-2009 distinguished. (b) Income Tax Ordinance (XXXI of 1979)---, ----Ss. 111(1)(a)(b), 122(1)(5), 177(4) &…

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