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THIS ORDER PASSED BY: MUHAMMAD WASEEM CH., JUDICIAL MEMBER:--------------- This appeal has been filed by the taxpayer against the impugned order dated 29.05.2015 recorded by the learned CIR(Appeals-III), Lahore, wherein dismissal of taxpayer's appeal has been challenged. 2. Succinctly facts of the case are that the taxpayer, a private limited company derives income from trading of medical and surgical equipment. Return was Filed declaring income at Rs.14,562,891/-which was deemed to be an assessment order in terms of section 120 of the Income Tax Ordinance, 2001. Consequently, the case of the taxpayer was selected for audit u/s 214C of the Income Tax Ordinance, 2001 by the Board through balloting and informed to the taxpayer accordingly but no compliance was made. After issuance of reminder from time to time, the taxation officer issued notice u/s 177 of the Income Tax Ordinance, 2001 for requirement of document/record for audit but uncomplied with. Therefore, the taxation officer amended the assessment u/s 122(1)/122(5)(9) of the Income Tax Ordinance, 2001 resulting in best judgment assessment framed u/s 122(1)/122(5) of the Income Tax Ordinance, 2001 by determining the income of the taxpayer at Rs. 929,208,812/-. In appeal, the learned CIR(Appeals) upheld the treatment meted out by the taxation officer for the reasons and factors as embodied in the impugned order. This has brought the taxpayer in further appeal before this forum. 3. The learned AR of the taxpayer has vehemently argued that both the authorities below completing the assessment u/s 121(l)(d) of the Income Tax Ordinance, 2001 without definite information, fulfilling the pre-requisite and considering the facts of the case, therefore, upholding the order by the learned first appellate authority was not maintainable in the eyes of law as no adequate opportunity of being heard was given to the taxpayer. He further submitted that the learned CIR(Appeals) was not justified in upholding the certain additions made under certain heads without bringing any material evidence on record by violating the reported judgment as 2010 PTD (Trib.) 2602. He therefore, prays for vacation of the same by restoration of…

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