Law: Income Tax Ordinance, 2001

Section: 111,111(1),111(1)(b),111(2),122(1),122,1 22(5)

THIS ORDER PASSED BY: SHAHID MASOOD MANZAR, JUDICIAL MEMBER:---.--- This order disposes off titled appeal filed by taxpayer against the Order No. 133/2015 dated 28.08.2015 passed by the CIR (Appeals-IV), Islamabad for T.Y. 2011. 2. Briefly stated facts leading to this case are that the appellant individual filed return for T.Y. 2011 declaring income subject to Final Tax Regime (dividend, profit on debt and Prize Bonds) and income subject to normal regime (Other Source and exempt Income). Department issued show cause notice dated 12.06.2015 and finally assessed income as under:- Other Source Income claimed as exempt, as Declared Rs. 590,038/- Add: Source of Accretion other than Agriculture income, as discussed above u/s 111(1)(b) RW 111(2) (Rs. 9,235,450 - Rs.270,500/-) Rs.8,964,950/- Add: Peak Entry as discussed above u/s 111(1)(b) RW 111(2) of A/c No. 02900154 maintained with Bank A1 Falah Ltd. Rs.9,991,043/- Total Income Rs. 19,546,031/- The CIR(Appeals) observed discrepancies on part of taxpayer as under at para-16 of Appeal Order dated 28.08.2015:- "There are certain serious discrepancies on part of Taxpayer also, which as per my observation are given here under: i. Neither the Salary nor the Pension has been declared in the Tax Return 2011. ii. The total Income declared at Rs. 274,500/- has been shown in column 20 of the Return as Other Source Income/(Loss), which after deduction of Rs. 4,000/- as Zakat is declared at Rs. 270,500/- as Taxable Income. iii. However, no detail of this declared income has been given in the Return 2011. iv. An exempt amount of Rs. 590,038/- under "Other Sources Income/(Loss)" has been declared in the Return 2011, without any details. However, these details have been given in para 7 of Grounds of Appeal filed in this Forum. v. Denominations and Numbers of the Prize Bonds in hand during the Year have not been detailed/ declared in column No. 5 of Wealth Statement as required. 3. The CIR(Appeals) therefore, remanded back/set aside Assessment Order under section 122(1) to address these discrepancies. Appellant is in 2nd appeal before this Tribunal on the following grounds:- 1. That CIR(A) in her appeal order on para 2 3 of page 10…

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