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ORDER CH. ANWAAR UL HAQ (Judicial Member) The titled appeal pertaining to tax year 2010 has been preferred at the instance of Revenue, calling in question the impugned order-in-appeal No.27 dated 26 09 2012, passed by the learned CIR(A) Lahore 2. The relevant facts in brief are that the taxpayer in this case is a public limited company, derives income from manufacturing and sale of medical and industrial gases Audit proceedings for the year 2010 were concluded by the department and as a consequence amendment of deemed assessment order was made u/s 122(5) of the Income Tax Ordinance, whereby certain additions were made towards income for the year As a result net loss for the year was computed at Rs. 161.356,945/- The taxpayer/company preferred appeal before the CIR(A) and assailed the additions made u/s 21(l) and u/s 174(2) of the Ordinance. With regard to addition made u/s 21(l), the learned CIR(A) restricted the addition to only P & L expenses whereas the addition made u/s 174(2) was deleted by him 3. The appellant/department assailed the order of the CIR(A) on the following grounds: - i. That the learned CIR(A) was not justified to restrict the addition u/s 21(l) to P&L expenditures only when the law does not make such distinction ii. That the learned CIR(A) was not justified in deleting the addition made u/s 174(2) of the Income Tax Ordinance, 2001 due to non-production of…

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