Law: Income Tax Ordinance, 2001

Section: 113,133(3),120,122(5A),122(9)

Income Tax Ordinance (XLIX of 2001)---.--- ---.----Ss. 113, 120 & 122(5-A)---.---SRO No.57(I)/2012 dated 24-1-2012---.---Amendment of assessment---.---Taxpayer filed return of income declaring Rs.710,000 on which tax was worked out as Rs.79,853---.---Scrutiny of return revealed that taxpayer had declared turnover of Rs.89,750,000 and its tax as per S.113 of Income Tax Ordinance, 2001 at 1% comes to Rs.897,500 which had not been charged and paid---.---Deemed order was amended under S.122(5-A) of Income Tax Ordinance, 2001, after issuance of show-cause notice under S.122(9) of Ordinance, and tax was charged as per S.113 of the Ordinance---.---Appellate Authority below having confirmed the action of the Deputy Commissioner Inland Revenue---.---Validity---.---Appellate Authority had failed to allow reasonable opportunity of being heard to the taxpayer---.---Any remedial enactment, would be considered in favour of the taxpayer---.---S.R.O. No.57(I)/2012 dated 24-1-2012 having been issued during the period pertaining to the tax year 2012, same would apply in case of the taxpayer---.---Appellate Authority having failed to apply its judicial mind, and confirmed the order of Deputy Commissioner Inland Revenue without considering the arguments of the taxpayer, orders passed by the authorities below were vacated, in circumstances. 2013 PTD (Trib.) 589 (603); 2013 PTD (Trib.) 1684 (1689); 2015 PTD (Trib.) 434 (34); 2015 PTD (Trib.) 1625 (1634); 2015 PTD 2570 and 2016 PTD 325 ref. CIT v. Shahnawaz Ltd. and others 1993 SCMR 73; 2004 PTD (Trib.) 2417 and Ellahi Cotton Mills Ltd. and others v. Federation of Pakistan through Secretary, Finance, Islamabad PLD 1997 SC 582 = 1997 PTD 1555 rel. THIS ORDER PASSED BY: MUHAMMAD JAWED ZAKARIA (JUDICIAL MEMBER).---.--- By this order, I intend to dispose the above titled appeal filed by the taxpayer against the impugned order No.493 dated 26-11-2013 passed by the learned CIR (Appeals-III), Hyderabad. The taxpayer has raised the grounds of appeal as put-forth in the memo of appeal. 2. Brief facts of the case as transpired from the record are that the taxpayer is an AOP filed return of income declaring at Rs.710,000/- on which tax was…

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