Law: Income Tax Ordinance, 2001

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

Law: Income Tax Ordinance, 2001

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

ORDER The above mentioned appeal has been filed by the Department against an Order No.714/2015 dated 15.05.2015 passed by the learned Commissioner Inland Revenue (Appeals-II), Islamabad. The Department has contested the appeal on following grounds:- That sufficient opportunity of being heard were afforded to the taxpayer before passing the impugned assessment order by properly confronting the taxpayer on the intended assessed income. 3. That the learned CIR(A) was not justified to annul the impugned assessment order as the ex-parte order passed under section 121(1)(d) is lawful and justified under the circumstances particularly when the taxpayer is not making compliance during audit proceedings. 4. That the learned CIR (A) was not justified to annul the impugned assessment order by observing that assessment is based on wild estimate, guess work and surmises whereas the fact is that the assessing officer had no other option but to assess taxpayer's income to the best of his judgment as the taxpayer had failed to justify the declared nil income with sufficient documentary evidence. 5. That the learned CIR (A) was not justified to annul the impugned assessment order by observing that assessment is based on wild estimate, guess work and surmises. Section 121(1)(d) read with section 177(10) fully empowers the assessing officer to assess income of the taxpayer if he does not make compliance during the course of audit proceedings in the form of documentation in respect of his declared version. In case of such non compliance the return filed has no legal effect as per provision of section 177(10) of the Ordinance ibid. 2. Brief facts as gather from the record that the case of the appellant/taxpayer was selected for audit u/s 214C regarding which the appellant/taxpayer intimated accordingly by the Department. After that IDR was served upon the taxpayer in which vario is discrepancies were pointed out and sought various details/documents from the appellant/taxpayer but to no avail. After that adjudicating authority initiated proceedings on the basis of avail record u/s 121(1)(d) of the Income Tax Ordinance, 2001. In this regard a show cause notice u/s 121(1)(d)read with…

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