Law: Income Tax Ordinance, 1979

Section: 122,129

Law: Income Tax Ordinance, 2001

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

(a) Income Tax Ordinance (XXXI of 1979)--- ----Ss. 122 & 129---Amendment of finalized assessment by Officer Inland Revenue---Number of mistakes had been made by the Officer while amending the assessment---Commissioner (Appeals) also passed a non-speaking order and annulled the amended assessment with the direction of reappraisal of the case by providing the department another opportunity to fill the lacuna which was illegal---If the basic order was void, then any superstructure built thereon was also liable to fall---Order of amendment of assessment by the Officer of Inland Revenue, therefore, was without lawful authority and jurisdiction. (b) Administration of justice--- ----If the basic order is void, then any superstructure built thereon is also liable to fall. 2011 PTD 2435; 2007 PTD 2601; 1994 SCMR 2232; 2010 PTD 819; 2010 PTD (Trib.) 2602; 2013 PTD (Trib.) 884; 2011 PTD (Trib.) 187 and 2012 PTD (Trib.) 1593 (ref. THIS ORDER PASSED BY: SHAHID MASOOD MANZAR, CHAIRMAN:---.--- Through this appeal, the appellant has objected against the impugned order of the learned CIR(A) dated 06.04.2016. 2. Facts of the case are that the taxpayer is an individual who filed return for tax year 2013, declaring income at Rs.36,80,000/- including salary and exempt income. As per the amended order, the Department received definite information regarding investment in plaza in the name and style of Multan Trade Centre, Multan. The OIR observed that the investment made in purchase of land and subsequent construction of plaza thereon did not commensurate with the declared source of income of the taxpayer. On the basis of aforementioned facts statutory proceedings were initiated for amendment of assessment under section 122(1) read with section 122(5) of the Income Tax Ordinance, 2001. Accordingly, show-cause notice dated 08.10.2015 was issued. The reply submitted in response to above show-cause notice found unsatisfied. The taxpayer declared the cost of construction of building at Rs.78,299,960/- whereas the OIR estimated it at Rs.98,244,600/-, therefore, the residual amount of investment at Rs.1,99,44,640/- was determined as an unexplained investment in the commercial building.…

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