Law: Income Tax Ordinance, 2001

Section: 214C,177(10),121(1)(d)

Law: Income Tax Ordinance, 2001

Section: 214C,177(10),121(1)(d)

Law: Federal Board of Revenue Act, 2007

Section: 8

Law: Sales Tax Act, 1990

Section: 72B

Income Tax Ordinance (XLIX of 2001)---Ss. 214C, 177(10) & 121(1)(d)---Sales Tax Act (VII of 1990), S.72B---Federal Excise Act (VII of 2005), Ss. 42B & 46(5)---Federal Board of Revenue Act (IV of 2007), S.8---Federal Board of Revenue Rules, 2007, R.3---Selection for audit by the Board---Composite audit---Taxpayer contended that "composite audit" was being held pursuant to the computer ballot which meant an audit of both Income Tax and Sales Tax affairs, which could not be combined; that it was only the Federal Excise Act, 2005 which recognized the concept of a 'composite audit' under S.46(5) of the Federal Excise Act, 2005; thus, selection of case by the Federal Board of Revenue was illegal and void ab initio; and that superstructure built thereon in the shape of passing of an assessment order as well as appellate order automatically fell to the ground---Validity---Appeal was accepted and the orders of authorities below were vacated, as the Federal Board of Revenue had made a combined selection under one ballot in terms of S.214-C of the Income Tax Ordinance, 2001 read with S.72B of the Sales Tax Act, 1990 and 42B of the Federal Excise Act, 2005---Appeal having been decided purely on legal grounds, Appellate Tribunal did not dilate upon the other grounds. ORDER CH. ANWAAR UL HAQ (JUDICIAL MEMBER).---Through this appeal, the appellant has objected the impugned order of the learned CIT(A) dated 31-12-2012 on a number of grounds. 2. Brief facts of the case as transpired from the record are that the taxpayer is a private limited company engaged in the business of manufacturing and sales of chemicals. The taxpayer filed its income tax return for the tax year 2010, declaring income at Rs.531,617 under Universal Self-Assessment Scheme. Later on, the case was selected for composite audit under section 214C of the Income Tax Ordinance, 2001 by the Federal Board of Revenue. As per list of cases selected for audit by the FBR the appellant's case falls at S.No.14. In consequence thereof the statutory notices were issued requiring the appellant to produce complete books of accounts along with necessary vouchers/details/ documents in support of its declared results…

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