Law: Income Tax Ordinance, 2001

Section: 39(3),111,111(1),111(1)(a),111(1)(d),4,1 20,121,121(1),121(1)(d),122(1),122(1)(5) ,122(5),174(2),177

INCOME TAX ORDINANCE, 2001 (XLIX OF 2001) Sections: 39(3), 111, 111(1), 111(1)(a), 111(1)(d), 4, 120, 121, 121(1), 121(1)(d), 122(1), 122(1)(5), 122(5), 174(2) 177 - Amendment of assessments - Unexplained income or assets - Tax on taxable income - Income from other sources - Appellant derives income from business - Filing of return, declaring property income along with agricultural income - Case selected for audit - Show Cause Notice issued - Due to default of statutory notices, ex-parte assessment was made u/s 121(1)/122(5) - Challenge to - FACTS This appeal has been filed by the taxpayer against order-in-appeal No. 543 dated 22.05.2019 passed by CIR(A) Peshawar. As per facts, the appellant an individual derives income from business. Return for the year under consideration was filed declaring property income of Rs. 355,200 along with agricultural income of Rs.600,000. This return constituted deemed assessment u/s 120 of the Income Tax Ordinance. The case was selected for audit by the Commissioner u/s 177. Proceedings were started for audit as well as amendment of assessment. Due to default of statutory notices, ex-parte assessment was made u/s 121(1)/122(5). Being aggrieved with the number of issues involved the taxpayer filed appeal before CIR(A), Peshawar which did not meet a good fate as the CIR(A) vide his above-mentioned order dated 22.05.2019 partially confirmed the assessment order while partially remanded some issues back to the assessing officer. The taxpayer filed second appeal before this forum. ARGUMENTS During hearing of appeal learned AR stated that the order passed by the assessing officer was “short-circuited” as he has ram-shackled the provisions of Income Tax Ordinance, 2001 by simultaneously passing the order u/s 121(1)(d) and 122(5) which are two different provisions of law. The provisions of section 121(1)(d) and those of subsections (1) and (5) of section 122 are different in nature dealing with entirely different situations therefore, could neither be simultaneously applied while passing an order. In the case of taxpayer nor the application of one could be replaced by the other. He contended that neither the provisions of section…

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