Law: Income Tax Ordinance, 2001

Section: 3,4,6,7,39(3),111(1)(a),182,205,214C

Law: Income Tax Ordinance, 2001

Section: 3,4,6,7,39(3),111(1)(a),182,205,214C

ORDER This appeal filed by M/s Taxila Satellite Township an AOP came up for hearing on 19.11.2015 against the impugned order passed by the learned Commissioner (Appeals-II) Islamabad vide No.559/2015 dated.20.04.2015 wherein appeal filed by the appellant taxpayer was modified to the extent of deletion of Rs. 14,122,379/- on account of credit entries pertaining to Minawa Construction. Rest of the additions made under sections 39(3) and 111(1)(a) of the Income Tax Ordinance, 2001, were confirm.. Hence through this 2nd appeal the appellant taxpayer contested the impugned order on the following grounds: "1. That the ex-parte assessment order passed without providing opportunity of hearing is against the basic principal of natural justice 2. That the Commissioner IR(Appeals) was not justified to uphold the assessment order as framed by the Assessing Officer on mere assumption without applying the independent and judicial mind and hence the order is contrary to the provisions of law as well as facts of the case with merits deletion. 3. That the worthy Commissioner IR(Appeals) even after admitting wrong addition of M/s Minawa Construction bank accounts credit entries into the income of the taxpayer amounting to Rs. 38,681,672/-(A/c 509020059558401,01-04-01-20610-714-114553 and 01-04-01-20311-714-114546) belong to Minawa Construction. Worthy Commissioner should delete total credit entries amounting to Rs.38,681,672/- which belong to Minawa Construction. 4. That the show cause notice C.No.273 dated.05.11.2014 was never served to the taxpayer under the provisions of section 218 of the Income tax Ordinance, 2001. Passing the impugned order without service of notice and proceeding conducted in pursuance thereof could not be held legal reliance is placed upon order of the Honorable Appellate Tribunal IR STAs Nos. 933/LB and 934/LB of 2013 dated.20.11.2013. 5. That the show cause notice, as issued to the taxpayer, is invalid and contrary to the provisions of law, as the same does not disclose any definite information, again which the alleged income amounting to Rs.32,639,877/-,intended default surcharge under section 205 and penalty u/s 182 in the presence of valid…

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