Law: Income Tax Ordinance, 2001

Section: 23(4),111(1)(a),114(3)(4),115(5),120,120 (1),121,121(1),121(1)(d),122,122(1),122( 1)(d),122(4),122(5),122(5A),174,176,177, 177(1),177(6),177(10),214-C

Amendment of assessments - Audit - Best judgment assessment Taxpayer engaged in the business of pharmaceutical and medicines - Filing of Income Tax return p/s 120, deemed assessment order by fiction of law - Selection for audit u/s 214C by FBR through random ballot - Notices issued u/s 176(1) from time to time - Failure to attend office by the taxpayer - Show Cause Notice u/s 122(9), but no compliance - Passing of order u/s 122(1)(d) by the ACIR - Filing of. appeal before CIR(A), but again absence of taxpayer - Dismissal of appeal by the CIR(A) - Challenge to - FACTS Brief facts as gleaned from the orders of the officers below arc that the taxpayer is an individual engaged in the business of pharmaceutical and medicines. The taxpayer had filed return of income Rs.4, 240, 0811. The return so filed by fiction of law the order deemed to have been finalized u/s. 120 of the Income Tax Ordinance, 2001. The case was selected by FBR u/s, 214C ibid through random ballot. The taxpayer was intimated accordingly u/s 177(1)/176 and notices were issued from time to time. In response to notice u/s 176(1) the A.R. of the taxpayer appeared and sought adjournment which was granted. According to the A.O, on due date no compliance had been made nor any one attended the office nor furnished any details. A show cause notice u/s. 122(9) was issued followed by another show cause notice but no compliance was made. The ACIR passed the order u/s. 122(1)(d) R/W/ 214-C/177(1) ibid. Being aggrieved from the order the taxpayer filed appeal before the CIR(A) and due to non-attendance of the taxpayer dismissed the appeal. Hence, the instant appeal before this Tribunal. ARGUMENTS Before us, the learned A.R. has taken the preliminary legal objections that the deemed order u/s 120 of Income Tax was amended u/s. 122(1) read with section 177(10) of Income Tax Ordinance on the grounds that no details have been furnished. Provisions of section 122 read with section 177 (10) are not applicable. The Best Judgment order under section 177(10) can only be made under section 121 of Income Tax Ordinance. Besides, the provisions of section 177(10) and 121 are applicable when no details were filed but in this…

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