Law: Income Tax Ordinance, 2001

Section: 116(2A),121,121(1)(a),122C,120,114(3),11 4(4),143,144,177,218

Law: General Clauses Act, 1897

Section: 27

Law: Civil Procedure Code (V of 1908)

Section: O.V,R.10-A

(a) Income Tax Ordinance (XLIX of 2001)--- ----Ss.121, 122C, 120 & 114(4)---Best assessment---Notice under S.114(4) for submission of Income Tax Return was issued---Said notice was not complied with---Assessing Officer finalized the ex-parte assessment under S.121 of the Income Tax Ordinance, 2001---Validity---Clause (a) of subsection (1) of S.121 of the Income Tax Ordinance, 2001 was deleted and re-inserted in the Income Tax Ordinance, 2001 in the shape of S.122C of the Income Tax Ordinance, 2001 through Finance (Amendment) Ordinance, 2010, which provided that if a person failed to furnish return of income for any tax year, the Commissioner, on any available information or material and to the best of his , make a provisional assessment of the taxable income and issue a provisional assessment order specifying the taxable income or income assessed to tax under subsection (2) of S.122C of the Income Tax Ordinance, 2001---Provisions of S.122C also provide that after the expiry of 60 days from the date of service of order of provisional assessment, it would be deemed as final assessment order; and final assessment would not be made if return of income along with wealth statement, wealth reconciliation statement and other documents required under subsection (2A) of S.116 of the Income Tax Ordinance, 2001 were filed by the taxpayer for the relevant tax year during the period of 60 days said period has now been reduced to 45 days through Finance Act, 2013)---Deletion of Cl.(a) of subsection (1) of S.121 of the Income Tax Ordinance, 2001 through Finance Act 2010, showed the intention of the Legislature that best assessment could not be made under S. 121 of the Income Tax Ordinance, 2001 after 1-7-2010---To cater such eventualities S.122C of the Income Tax Ordinance, 2001 had been introduced in the Ordinance through Finance Act, 2010---Bare reading of provisions of S.122C of the Income Tax Ordinance, 2001 showed that where a person had failed to file return of income under S.120 or in compliance to notice under S.114 of the Income Tax Ordinance, 2001, the Assessing Officer could frame best assessment under said section on the basis of available facts and material,…

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