Law: Income Tax Ordinance, 2001

Section: 111,111(1)(d),170,122

Income Tax Ordinance (XLIX of 2001)---Ss.170, 122, 111--Refund--Amendment of assessment-- Unexplained income or assets--Scope--Assessing authority while observing difference between the purchases declared in the income tax return and the sales tax returns turned down the refund request of taxpayer--Appeal filed by taxpayer before the Commissioner (Appeals) was accepted--Validity--Order was passed by the Assessing Authority on a day which was a public holiday--Addition under S.111(1)(d)(i), Income Tax Ordinance, 2001, could have been made if the taxpayer had concealed/furnished inaccurate income, suppressed any production, sales or any amount chargeable to tax--Assessing Authority had made addition under S.111(1)(d), Income Tax Ordinance, 2001, pertaining to the tax year 2007 whereas Cl.(d) was inserted through Finance Act, 2011--No specific notice under S.111(1)(d) of Income Tax Ordinance, 2001, was issued--Order passed by Assessing Authority was not sustainable in the eyes of law, which was rightly cancelled by the Commissioner (Appeals)--Appeal filed by department was dismissed. 2013 PTD 1557 and 2015 PTD (Trib.) 2042 ref. 2015 PTD 408; 2013 PTD (Trib.) 900 and 2019 PTD 1828 rel. ORDER: DR. MUHAMMAD NAEEM, ACCOUNTANT MEMBER.--- This appeal has been instituted by the Revenue against the impugned appellate order dated 13.09.2013 recorded by the learned CIR(A) Lahore wherein the learned first appellate accepted the appeal of the taxpayer and cancelled the order passed by the taxation officer under section 122(5A) of the Income Tax Ordinance, 2001. 2. Summary of the facts, relevant to the disposal of present appeal, are that the taxpayer in this case is an individual derives income from manufacturing of motor cycles parts. Original return for the tax year 2007 was filed declaring income at Rs.495,000/-. Later on, the taxpayer revised his return of income by declaring the same income but manufacturing expenses were declared at Rs.5,545,000/- purchases at Rs.34,750,312/- and claimed refund at Rs. 1,093,804/-. During the course of refund processing proceedings, it was observed by the assessing authority that there is a difference between the purchases declared in…

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