Law: Income Tax Ordinance, 2001

Section: 120,161,205

[Income Tax Ordinance (XLIX of 2001)]......Sections 120, 161 read with Section 205-.- Appeal-.- Purchases-.- Assessment-.- Addition-.- E-filed Return-.- Observations of the ITO, tax-payer had made certain payment but failed to deduct tax in terms of Division-II & III of Part-IV and chapter-X of the Ordinance, hence charged under purchases, salaries & wages and others heads-.- CIR(A-II) allowed relief by deleting charge under head salaries & wages and others, whereas charge under head purchases upheld-.- Contention of appellant, the order of first appellate authority was arbitrary because charge of tax u/s 161/205 was inclusive of tax, charged on account of advance to suppliers and on account of addition in fixed assets, in regard to advance to suppliers, in fact the payment was made by the tax-payer for imports on which tax was properly withheld by competent authority at the time of import, similarly, with regard to addition in fixed assets, it was payable at the close of year and all these payments were in the succeeding year on which tax was withheld and deposited in the government treasury on proper bank challans copies of which could be submitted on demand and requested for remanding of the case back-.- The Tribunal decided to remand the case back to taxation officer for ascertaining the veracity of the documentary evidence which the tax-payer claimed to be in his possession, after affording an adequate opportunity of being heard:- ORDER The above titled appeal pertaining to tax year 2009 has been directed against the appellate order dated 29.05.2012 recorded by CIR(Appeals-II), Lahore, wherein confirmation of addition of Rs. 172,214/- made under the head purchases has been agitated. 2.The facts in brief, as stated, are that the taxpayer, a private limited company e-filed return for the year under consideration, which was deemed to be an assessment order in terms of section 120 of the Income Tax Ordinance, 2001 (hereinafter called the Ordinance). Subsequently, on scrutiny of assessment record, it was observed by the taxation officer that the taxpayer company had made certain payments during the year under consideration but failed to deduct tax…

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