Law: Income Tax Ordinance, 2001

Section: 121,121(1)(d),177(10)

[Income Tax Ordinance (XLIX of 2001)].........Sections 121(1)(d), 177(10),,. Return, filing of,, Audit, selected for,, Show-cause Notice,.. Assessment,.. Appeal to CIR, order was annulled on technical ground that assessment should have been passed under Section 122(5), Income Tax Ordinance, 2001, hence the instant departmental appeal,, The learned Tribunal observed that the learned CIR (A) did not enter his findings with regard to the taxpayer's failure and refusal to present the financial statement/books of accounts to the appellant,.. The Tribunal was agreed with the learned CIR (A) who had rightly observed that 02-assessment i.e. one under Section 121(1)(d), Income Tax Ordinance, 2001 and the other under Section 177(10), Income Tax Ordinance, 2001 cannot co-exist at the same time, however, given the tax history of the respondent and the persistent failure to present the accounts of OIR, the learned CIR (A) should have entered his findings with regard to non production of record by the tax-payer,.. Learned CIR (A)'s order did not cover the whole case,... Impugned order was set aside, case was remanded to the learned OIR for re-examining the tax returns of the respondent in juxtaposition with the respondent's books of accounts and financial statements and reinitiating the demand proceedings according to the applicable substantive and procedural law,, JUDGMENT This order shall disposed of the titled appeal filed by the Revenue against the order No.87/2011 dated 03.03.2011 passed by the Learned Commissioner of Inland Revenue (Appeals-III), Islamabad on the following grounds: - 1. That the order of the learned Commissioner (A), Islamabad is bad in law and against the facts of the case. 2. That CIR (A) was not justified to annul the assessment order u/s 121 (1) (d) inspite of the fact that the taxpayer has failed to produce documents/record including books of accounts required to be maintained u/s 174 of the Income Tax Ordinance, 2001. 3. That the learned CIR (A) was not justified to annul the assessment order u/s 121 (1) (d) as the taxpayer has failed to make compliance of the notice u/s 121 of the Income Tax Ordinance, 2001 issued vide No.817 dated 12.05.2010…

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