Law: Income Tax Ordinance, 2001

Section: 49,122(9),122(5),122(4),120(3),111(1)(a) (e),18(1)(d),21(c),32,35,39,174(2)&177,1 11

(a) Income Tax Ordinance (XLIX of 2001)---Ss. 122(9), 122(5), 122(4), 120(3), 111(1)(a)(e), 18(1)(d), 21(c), 32, 35, 39, 174(2) & 177---Amendment of assessment---Amendment of assessment ignoring the revised return---Effect---Returns were filed on 25-1-2010 declaring loss---Later on, returns were revised on 11-8-2010 by increasing the loss---Taxpayer was selected for audit by the Commissioner on 12-10-2012 on the basis of revised return---Taxpayer filed application seeking permission for revising the return again which was allowed on 31-1-2012 and taxpayer revised the return wherein loss was declared---Show Cause Notice was issued on the basis of return filed on 11-8-2012---Subsequently on 19-4-2012 a letter was issued by the Taxation Officer disregarding the approval and revised return and treating same as invalid without fulfilling the requirements of S.120(3) of the Income Tax Ordinance, 2001 and finally amended the order issued on the basis of return filed on 11-8-2012---Validity---Taxation Officer had disregarded the revised return which by fiction of law had been treated as amended assessment order under S.122(3) of the Income Tax Ordinance, 2001---Any intended amendment under S.122 of the Income Tax Ordinance, 2001 should have been made in the latest assessment order in the field---Revision of return had been duly approved before filing the revised e-filing of return---While approving the return for revision the department was well aware that an order under S.177 of the Income Tax Ordinance, 2001 was underway for the last 1-1/2 years and allowing any such revision would culminate the audit proceedings---Allowing the revision by the department and ultimate filing of revised return there was a new amended assessment order under S.122(3) of the Income Tax Ordinance, 2001---Provision of S.114 of the Income Tax Ordinance, 2001 did not restrict the taxpayer for filing a revised return during the audit proceedings and if any revised return was found incomplete that did not become invalid automatically---For passing of an order to frame the assessment of income on the basis of result of audit the department had to keep in mind the concept and procedure of…

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