Law: Income Tax Ordinance, 2001

Section: 122

Law: Income Tax Ordinance, 1979

Section: 62

FINDINGS / DECISION This complaint has been filed to agitate against initiation of action under section 122 of the Income Tax Ordinance, 2001 (hereinafter called the Ordinance) to 'amend' assessment for the assessment year, 2001-2002 framed by "agreement" on 30-6-2002. 2. Briefly the facts are that the Complainant-AOP acts as a Jewellers Return for the assessment year, 2001-2002 was filed declaring Income at Rs.628,000 on which assessment was framed under section 62 (agreed basis) on 30-6-2002 at an Income of Rs.3.5 (M) which is said to have the approval of the CIT and the IAC Range-I, Zone-B, Lahore. On 9-5-2003 the complainant was served a notice under section 122 showing intention to 'amend' the assessment for the reasons that - (a) The Assessing officer had finalized the assessment in a summary manner on the basis of Complainant's (b) Expenditure claimed for the year has been inflated to suppress the profit and the expenditure claimed under various heads is hit by the provisions of sections 24 and 24(fff). (c) The assessment had been framed without asking for production of record. (d) The wealth statement of partner had not been obtained. This show-cause notice was issued by the IAC Range-I, Zone-B, Lahore who claimed in the notice that the jurisdiction over the case had been assigned to him by the Commissioner on 7-5-2003. This is the cause of grievance. 3. The Respondent have forwarded parawise comments by the R CIT Eastern Region, Lahore which besides questioning the competence of the complaint for admission in view of the bar in section 9(2) of the Establishment of the office of. Federal Tax Ombudsman Ordinance, 2000 (hereinafter called the FTO Ordinance), deny "maladministration" contending that- (i) It is required to be seen as to whether, there had been any agreement for assessment and whether the so-called agreement was supervised by the Commissioner and Additional Commissioner. (ii) The term agreed assessment is not a statutory term nor the phenomena of agreed assessment has been notified through an regulatory order. It is a product of practice accepted an acknowledged by the departmental head which in the present case is C.B.R. (iii) The quantum…

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