Law: Income Tax Ordinance, 2001

Section: 122(5),133,177

Income Tax Ordinance (XLIX of 2001)--- ----Ss. 122(5), 133 & 177---Audit and amendment of assessment---Reference to High Court---Assessee who had business of construction and sales of buildings, filed return for the relevant year and his case was selected for audit under S.177 of the Income Tax Ordinance, 2001---Income Tax Officer resorted to enquire into the income of assessee and passed order regarding assessed income of the assessee---Income Tax Officer made amendment in assessment under S.122(5) of Income Tax Ordinance, 2001, which amendment was upheld up to the Appellate Tribunal---Validity---Assessee had not produced any evidence, like statement of bank accounts, sale deeds of sold buildings etc. during the audit---Audit Officer had no other alternative, but to enquire into the income of the assessee by other means---Statements of two persons, who had purchased two offices from the assessee, were recorded and they produced sale agreements---Only legal issue and not factual controversy could be made the basis of a Reference before High Court---In, the present case, no legal lacuna or infirmity had been pointed out---Factual controversy had already been resolved by the Appellate Tribunal---High Court, in circumstances, could not enter into the factual controversy while deciding Reference application---Order accordingly. 1993 SCMR 1108; 1988 PTD 324 and 1997 SCMR 1256 ref. JUDGMENT RIAZ AHMED KHAN, J.---This order is directed to dispose of Tax Reference No.1 of 2011. 2. Facts constituting the background of present reference are that applicant has got the business of construction and sales of plazas. The applicant had filed returns for the year 2003-2005 as Rs.9,80,582 and Rs.53,96,553 respectively. The case of the applicant was selected for audit under section 177 of the Income Tax Ordinance, 2001. During the audit, the applicant did not produce any evidence like statement of bank accounts, sale-deeds etc. The Income Tax Officer was thus constrained to resort to enquire into the income of the applicant. The statements of two persons, who had purchased two offices from the applicant were recorded, they produced sale agreements, needless to mention that…

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