Law:

Section:

ORDER This appeal filed by M/s Aftab Motors, Rawalpindi came up for hearing on 03.12.2015 against the impugned order passed by the learned Commissioner (Appeals-III) Rawalpindi vide No. 355/2014 dated 21.01.2015 wherein appeal filed by the appellant taxpayer was dismissed. Hence through this 2nd appeal the appellant taxpayer contested the impugned order on the following grounds: "1- That the case of the Appellant was wrongly selected for audit under section 177 of the Income tax Ordinance, 2001 ("the Ordinance") by the learned Commissioner. 2- That no notice was issued to the Appellant under sub-section (5) of section 122 of the Ordinance after conclusion of the audit under section 177 ibid which is a mandatory requirement of law. 3- That the addition of Rs. 486,682,649/- under clause (a) of sub- section (l) of section 111 ibid is illegal and. not warranted by the facts of the case. 4- That the addition of Rs. 625,703/- out of profit and loss (apparently lump sum) is illegal. 5- That notwithstanding the above submissions, if the contention of the learned Assistant Commissioner that the Appellant remained non- cooperative and. did not produce any evidence/documents then deemed assessment could not be amended. 6- That the learned Commissioner IR (Appeals) failed to apply his mind to facts of the case and applicable law. 7- That the learned Commissioner-IR (Appeals) failed to adjudicate all the grounds of appeal." 2. Call notice was issued in response to which Mr. Rizwan Yaqoob ITP attended and argued as per grounds of appeal. Mrs. Nazia Zeb DR opposed the arguments and reiterated that the learned CIR (Appeals) has rightly confirmed the order of the Assessing Officer. Both the parties to the case were heard at length. The AR of the appellant also filed additional grounds which are re-produced below. "2) That as per provisions of section 122(5) of the Ordinance, an assessment shall only be amended, on the basis of definite information, therefore, notices issued and sub sequent order of amendment passed under section 122(1) of the Income Tax Ordinance,2001 without any definite information is liable to be annulled. Also held (1997) 76 Tax 213 (SC), (1997) 76 TAX 13…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492