Law: Income Tax Ordinance, 2001

Section: 120,177,122(1),122(5),124,132

[Income Tax Ordinance (XLIX of 2001)].........Sections 120, 177, 122(1), 122(5), 124, 132,, Return,.. Loss of Rs. 30,709,863/-,.. Assessment at Rs. 66,653,750/- as net income,, Audit, selected for,, Amendment,, Appeal before CIR (A), granted partial relief,.. Appeal before ATIR, case was remanded for proper verification and fresh hearing,, DCIR(Audit) assessed taxable income at Rs. 29,021,187/-,.. Appeal to CIR(A), order was passed by him, dated 30/06/2012 against which the instant appeal,, (b) Income Tax Ordinance (XLIX of 2001),, Section 177,, Audit, selected for without pre-selection notice,.. A.R contested that as no pre-selection notice was issued to the tax-payer, moreover, the case was selected in sheer disregard of the law laid down by the Superior courts and the notice was vague and just for fishing inquiry instead of disclosing any grounds or reasons for selection of the case for audit, therefore the learned Taxation Officer instead of discussing contents of notice and law overruled this objection and quite strangely learned CIR(Appeals) rejected this ground for the reason that as appeal was not filed against the order for selection of case for audit hence no interference is required,... Learned A.R. also contested that no appeal lies against an order under Section 177 and appeal lies only after the assessment had been made or amended,... As in the previous round this tribunal had not annulled the order on this ground, therefore Tribunal did not interfere in the impugned order on this legal ground,, (c) Income Tax Ordinance (XLIX of 2001),, Section 111(1),, Addition,.. Purchase of fresh milk,, It was noted that in the Show-cause Notice the assessing officer did not ask the tax-payer for furnishing explanation about the sources of the purchases in question, whereas, as per A.R., impugned purchases were not made by the company, hence not found record in the books and all the sales of milk were already declared,.. Tribunal noticed that the learned assessing officer had not placed any material as to whether such purchases were actually made or not,.. Moreover, Section 111(1) involves only in case when source of transactions described in clauses (a to d)…

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