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ORDER MASOOD AKHTAR SHAHEEDI (Accountant Member). This titled appeal, pertaining to Tax Year 2010, has been filed by the appellant/taxpayer against appellate order No. 32/A-IV dated 17.05.2016 passed by the CIR(Appeals-IV), Lahore wherein addition made u/s 18(1)(d) of the Income Tax Ordinance, 2001 (the Ordinance) by the CIR, Zone-III, RTO, Lahore, on the basis of definite information received, through her order u/s 122(5A) dated 13.04.2015 has been upheld. 2. Earlier the titled appeal was disposed of by this Tribunal vide order dated 04.01.2017. On reference application U/S 133(1) of the Ordinance, filed by the taxpayer, the Honorable Lahore High Court decided this reference vide I.T.R. No. 33 of 2017 in the following manner:- "Since the impugned order is in isolation of dictum laid down by the Hon'ble Supreme Court of Pakistan in Messers Sindh Engineering's case (Supra), therefore, the impugned order is set aside and the matter is remanded back to the Appellate Tribunal for re-adjudication afresh after providing opportunity of being heard to both the parties." 3. In the light of the above directions of the Hon'ble Lahore High Court Lahore, this appeal is taken up for fresh adjudication and is disposed of through this order. 4. The appellant/ taxpayer assailed the above referred order of the CIR (A) pertaining to tax year 2010 through following grounds of appeal:- A. That the order of the Learned Commissioner revenue (Appeal-IV) Lahore, is bad in law and against the facts of the case. B. That the impugned order is void ab-initio for want of jurisdiction as in a similar set of circumstances, the learned Tribunal has already interpreted the provision of Section 18(1)(d) in favour of taxpayer in appeal bearing No. 258/LB/ 2013 dated 02.12.2013 which has not been reversed so far by the Hon'ble High Court. C. That the Commissioner Appeals Zone-IV, Lahore was not justified to maintain the addition of Rs. 82,724,215/- u/s 18(1)(d) of the Ordinance by treating the waiver of principal amount of loan of a commercial bank as alleged business income. D. That the impugned order is unsustainable at law as the appellant has been treated discriminately. It is pertinent to…

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