Law:

Section:

THIS ORDER PASSED BY: MASOOD AKHTAR SHAHEEDI (Accountant Member):------------------- The titled appeal has been filed by the appellant/taxpayer against order No.58/A-IV dated 29.03.2013, pertaining to tax year 2009, passed by the CIR(A-IV), Lahore. 2. Brief facts of the case are that the appellant/ taxpayer is an individual filed income tax return declaring income of Rs.208,500/-which was treated to be deemed assessment u/s 120(1) of the Income Tax Ordinance, 2001 (the Ordinance). Subsequently, the case was selected for audit u s 177 of the Ordinance. During audit proceeding the assessing officer observed certain discrepancies in the deemed assessment which were confronted through notice u/s 122(9) of the Ordinance. After considering the written explanation, filed by the appellant, the assessing officer amended the assessment u/s 122(1)/122(5) at income of Rs. 1,092,800/-. The taxpayer being aggrieved with the treatment of the assessing officer filed appeal before the CIR(A) who confirmed the additions of Rs.575,000/-u/s 111(1)(a), Rs. 1,00,000 -u/s 111(1)(a), Rs.200,000/-u/s 111(3), however, deleted the disallowance of Rs.9,300/ made under the head "salaries". The taxpayer still discontented has filed the instant appeal whereby the action of the authorities below has been challenged on legal as well as on factual grounds 3. The learned AR has vehemently contested the addition made u/s 111(1) by submitting that the provision of said Section is not applicable where source is available and explained. He further submitted that the addition of Rs. 100,000/-is also illegal as entire information regarding the source was provided before the Assessing Officer.…

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