Law: Income Tax Ordinance, 2001

Section: 122,122(1),122(5),122(5)(i),122(9)

Law: Income Tax Ordinance, 2001

Section: 122,122(1),122(5),122(5)(i),122(9)

Income Tax Ordinance, 2001 (XLIX of 2001) - Sections 122, 122(1), 122(5), 122(5)(i), 122(9) - Amendment of assessments - Show Cause Notice - Time barred amendment by DC( IR ) - Dismissal of appeal by CIR(A) for lack of prosecution - Validity - Whether admittedly, deemed assessment was completed on 30-09-2007 while notice u/s 122(1) read with section 122(5)&(9) was issued on 05-11-2012, although A.O was bound to amend deemed assessment on or before 30-09-2012 - Held yes - Whether even otherwise proceedings for amending deemed assessment was also initiated by issuing s/tow cause notice on 05-11-2012 which is also after prescribed time limit - Held yes - Whether amended assessment order is time barred, hence not maintainable in eye of law, therefore, order passed by CIR(A) is vacated and amended assessment order dated 30-06-2013 is cancelled - Held yes. Admittedly, the deemed assessment in this case was completed on 30-09-2007 while notice under section 122(1) read with section 122(5) & (9) of the Income Tax Ordinance, 2001 was issued on 05-11-2012. As per law the assessing officer was bound to amend the deemed assessment on or before 30-9-2012 in which he failed to do so and amended assessment was 30-09-2013. Even otherwise the proceedings for amending deemed assessment was also initiated by issuing show cause notice on 05-11-2012 which is also after the prescribed time limit. The amended assessment order is time barred, hence not maintainable in the eye of law. Therefore, the order passed by the learned CIR(A) is hereby vacated and the amended assessment order dated, 30-06-2013 is cancelled. Cases referred to: [(2013) 107 Tax 141 (Trib)]. ORDER The Order was passed by Shahid Masood Manzar, Judicial Member - Titled appeal has been filed at the instance of the taxpayer calling in question the impugned order dated 04-11-2013 passed by the learned CIR(A) Multan. The sole grievance of the taxpayer is that the learned CIR(A) was not justified to dismiss the a peal for lack of prosecution. The taxpayer also challenged the amended order u/s 122 of the Income Tax Ordinance, 2001 passed by the Deputy Commissioner (IR) being time barred. 2. Facts in brief are that…

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