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THIS ORDER PASSED BY: CH. ANWAAR-UL-HAQ (Judicial Member):---------------- The titled appeal pertaining to tax year 2006 has been preferred at the instance of taxpayer calling in question the impugned order-in-appeal No. 52 dated 22.06.2012, passed by the learned CIR (A), Lahore. 2. Briefly stated, the relevant facts are that the taxpayer in this case is a public limited company is engaged in the business of manufacturing and sale of sugar. Return for the tax year 2006, was filed on 29.09.2006, which was deemed to be treated as assessment in terms of section 120(1) of the Income Tax Ordinance, 2001. Subsequently, the assessing authority on perusal of relevant record observed that the deemed assessment was erroneous insofar as prejudicial to the interest, of revenue. Accordingly, the deemed assessment was amended by the assessing authority vide order dated 16.11.2011 by resorting to the provisions of section 122(5A), whereby certain additions were made towards income for the year. Being aggrieved, the taxpayer preferred appeal before the learned CIR(A) and assailed the treatment accorded at assessment stage. The learned CIR(A) disposed of the appeals vide order dated 22.06.2012. 3. At the very outset, the learned AR challenged the legality of the proceedings initiated u/s 122(5A) and submitted that the learned CIR (A) has failed to appreciate the true fact that re-assessment order was barred by time. It is explained by the learned AR that admittedly return of income for the tax period under appeal was filed on 29.09.2006 which was deemed to be treated as assessment in terms of section 120 (1) of the Income Tax Ordinance, 2001 and at the time of filing of return, the limitation for amendment of assessment was provided in sub-section (2) of section 122 which was five years starting from the date of filing of return. It is submitted by the learned AR that show cause notice u/s 122 was issued on 25.05.2011 and amendment of assessment was completed vide order dated 16.11.2011, i.e. much after the completion of five years period of limitation which already expired on 29.09.2011. It is, therefore, contended that five years from the original return being lapsed, the…

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