Case Details

Citation(s)
2015 SLG 830 2015 SLD 830
Appellate Tribunal Inland Revenue, Islamabad
ITA No. 936/IB/2012, Assessment Year 2009, DATE of Hearing 11.08.2015
IKRAM ULLAH GHAURI, JUDICIAL MEMBER
Appellant By Mrs. Nazia Zaib Ali, DR,
Respondent By Mr. Imran ul Haq, Advocate

Commissioner Inland Revenue (Zone-I), RTO, Rawalpindi -

VS

Mr. Farhan Farooq, M/s Motor Avenue, 60-A, Murree Road, Rawalpindi -

Law: Income Tax Ordinance, 2001

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

ORDER This Order is delivered by: Mr. IKRAM ULLAH GHAURI, Judicial Member:---- This appeal has been filed by the Revenue against the order No.15/2012 dated 31.07.2012 passed by Commissioner Inland Revenue (Appeals-IV), Islamabad on the following grounds:- 1. The order of the learned CIR (A) is bad in law and against the facts and circumstances of the case. 2. The learned CIR (A) was not justified to annul the assessment order when the case was selected by the CIR (Audit) vide No. CIR/Audit-I/2010-11/92-2/819 dated 28.02.2011 by communicating the basis for selection of the taxpayer. 3. That the learned CIR (A), Islamabad was not justified to annul the assessment order in the instant case when the ITAT held in its order vide ITA No.93/IB/2009 dated 04.05.2010 that the selection of this case for audit was lawful and it was also held that CIR (A) was not justified to decide the issue of selection against the department. 4. That the order of the learned CIR (A) was not justified as the taxpayer was duly confronted vide show cause notice u/s 122 (9) of the Income Tax Ordinance, 2001 vide No.510 dated 26.04.2011 but he failed to attend the proceedings and to file the requisitioned details/evidences to the assessing officer. 5. That the appellant may be allowed to alter, amend, or add more grounds of appeal at the time of hearing. 2. Brief facts of the case are that the taxpayer is an individual who derives income from sale and purchase of new and old cars. Income tax return for the tax year 2009 was filed declaring net profit at Rs.150,000/-. The case of the taxpayer was selected for audit. Various notices were issued to him requiring him to submit various documents along with books of accounts. Thereafter, notice u/s 122(9) read with section 122(1)/122 (5) of the Income Tax Ordinance, 2001 was issued to him on 26.04.2011 confronting him as to why his declared version may not be rejected and receipts may not be estimated at Rs.1 million and 50% of his expenses claimed in the Profit and loss account may not be added back in his income…
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