Law: Income Tax Ordinance, 2001

Section: 111,114,121,122,127,000

Income Tax Ordinance (XLIX of 2001)---Ss. 111, 114, 121, 122, 127 & 131---Unexplained income or assets---Best assessment---Ex parte order---Department received information that the taxpayer had purchased property having value of Rs.10,00,000---Since the taxpayer allegedly had not filed return of income, notices were issued to the taxpayer for furnishing of return of income tax---Notices issued by department having remained uncomplied with, Taxation Officer proceeded ex parte against the person and passed best assessment under S.121 of Income Tax Ordinance, 2001---Investment made on purchase of property in question was treated as made through unexplained sources and additions were made under S.111(1)(b) of Income Tax Ordinance, 2001---Commissioner (Appeals) on appeal vide impugned order remanded the assessment to the Taxation Officer---Validity---Commissioner (Appeals) had failed to apply his judicious and conscious mind while remanding the case of taxpayer---Taxation Officer passed ex parte order under Ss. 121/111 of Income Tax Ordinance, 2001, whereas Commissioner (Appeals) treated the same as passed under Ss. 122C/111, when provisions of S.122C were not even on the Statute Book at that time---Ex parte assessment was passed by Taxation Officer before the close of financial year 2008 for which return of income was required to be filed on or before 30-10-2008 it seemed that Taxation Officer passed the order in haste and hurry---No notice under S.116 of Income Tax Ordinance, 2001 was ever issued by the Taxation Officer requiring the taxpayer to file wealth statement or wealth reconciliation to ascertain as to whether the taxpayer had sources to invest in the purchase of property---Taxation Officer had failed to point out in the assessment order as to when the investment was made by the taxpayer---Order passed by the Taxation Officer under Ss. 121/111 of Income Tax Ordinance, 2001, was cancelled and order passed by Commissioner (Appeals) was vacated, in circumstances. ORDER MUHAMMAD NAWAZ BAJWAH, JUDICIAL MEMBER---The titled appeal pertaining to the tax year 2008, has been preferred at the instance of taxpayer, calling in question the impugned order passed by…

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