Law: Income Tax Ordinance, 2001

Section: 121(1)(d),148,177,177(1),Clause(105) ofPartIV of2nd Schedule

Commercial importer of ships and boats for ship breaking where the tax paid u/s 148 of the Income Tax Ordinance 2001 (“the Ordinance”) at import stage was treated as full and final discharge of tax liability. The case of the Appellant was selected u/s 177(1) of the Ordinance and the audit proceedings so initiated culminated in passing a unilateral assessment order under section 121(1)(d) of the Ordinance. ORDER: DR. TAUQEER IRTIZA. ACCOUNTANT MEMBER:---.--- This Income Tax Appeal has been filed by the Appellant/taxpayer challenging the Appellate Order dated 13.06.2022 passed by the learned CIR (Appeals-I), Karachi on the grounds as set-forth in the memo of appeal. 2. The brief facts of the case are that the Appellant an individual is a commercial importer of ships and boats for ship breaking where the tax paid u/s 148 of the Income Tax Ordinance 2001 (“the Ordinance”) at import stage was treated as full and final discharge of tax liability. The case of the Appellant was selected u/s 177(1) of the Ordinance and the audit proceedings so initiated culminated in passing a unilateral assessment order under section 121(1)(d) of the Ordinance. 3. Being aggrieved and dissatisfied with the treatment meted out by the Assistant/Deputy Commissioner-IR, the taxpayer filed appeal before the learned Commissioner-IR (Appeals-I), Karachi, who vide his impugned order dated 13-06-2022 confirmed the order passed by the Assistant/Deputy Commissioner-IR. 4. During the hearing, Mr. Muhammad Aleem, Advocate, attended on behalf of the appellant/taxpayer whereas Mr. Abdudl Wahid Sher, learned D.R, represented the department and case was discussed with them in detail in the light of arguments of both the rival parties, case record, relevant provisions of law and the relevant case laws. 5. During the course of proceedings, the A.R. challenged the impugned order both on factual as well as legal grounds. 6. The learned AR submitted a long argument on the merits of the case but as the higher appellate authorities have held in various cases that legal grounds must be assigned priority, therefore we will first take up the legal grounds. 7. On legal plane the AR vehemently challenged the…

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