Law: Income Tax Ordinance, 2001

Section: 120,121(1)(d),177,

THIS ORDER PASSED BY: MUHAMMAD WASEEM CH., JUDICIAL MEMBER:---.--- Titled appeal has been preferred at the instance of department against impugned order dated 03.10.2012 passed by the learned CIR (Appeals-IV), Lahore challenging cancellation of assessment order passed under section 121(1)(d) of the Income Tax Ordinance, 2001. 2. Brief facts emanating from the record of the case are that taxpayer, a public limited company, filed income tax return for the tax year 2010 declaring taxable income at Rs. 991,231/-. The return was deemed to be an assessment order in terms of section 120 of the Income Tax Ordinance, 2001. Later on, the case of the taxpayer was selected for audit under section 177 of the Ordinance by Commissioner Inland Revenue. Statutory notices and notice under section 121(1)(d) of the Ordinance were issued but partial compliance was made. Due to non-furnishing books of account and purchase ledger etc., the assessing officer framed amended assessment under section 121(1)(d) of the Ordinance. 3. The taxpayer, being aggrieved with treatment meted out by the adjudicating authority, filed appeal before the learned CIR(Appeals), who cancelled the order passed under section 121(1)(d) of the Income Tax Ordinance, 2001 Feeling discontented, the department has come up in appeal before this Tribunal. 4. Learned DR appearing on behalf of the department has contended that the treatment accorded by the learned CIR(A) is unjustified, illegal and not in accordance with law. Various opportunities were provided to the taxpayer but who had not bothered to comply the notices which were sent time and again. Learned DR has contended that taxpayer has asked to provide documents to substantiate his contentions but he failed to do so. The learned DR has relied upon…

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