Law: Income Tax Ordinance, 2001

Section: 111,111(1)(b),122,120(1)(a),114(1)&1stSc hed.,Part-II

Income Tax Ordinance (XLIX of 2001)---Ss. 111(1)(b), 122, 120(1)(a), 114(1) & 1st Sched., Part-II---Income Tax Rules, 2002, R. 68 & 62---Unexplained income or assets---Assessment already completed under S.120(1)(a) of the Income Tax Ordinance, 2001 was amended under S.122 of the Income Tax Ordinance, 2001 on the ground that assessee had purchased plot for which he had not sufficient sources to acquire the same according to the tax record---Assessee contended that addition made was without any valid jurisdiction, as the assessee had sufficient well known sources to make investment in purchase of plot, as assessee, prior to doing the business, was cultivating agricultural land and had also life savings and contribution of his wife, who was earning income from embroidery works and was existing assessee---Validity---Copy of Registered Haqdaran Zameen showing receipt of land along with wealth statement and its re-conciliation in respect of assessment and his wife were filed before the Taxation Officer and First Appellate Authority---First Appellate Authority also observed that last notice was issued fixing the date of hearing 4-10-2006 and in the diary sheet, the Taxation Officer had failed to mark absence of the assessee on 4-10-2006, or to show his intention to proceed ex parte on that date of default, if any---Ex parte assessment was made on 6-10-2006, which was the date when neither the case was fixed for hearing, nor any notice regarding appearance was issued to the assessee---First Appellate Authority had rightly cancelled the order---Assessee had sufficient, well known and explained sources to make the said investment---Addition made was deleted by the Appellate Tribunal and Departmental appeal was dismissed. 1973 PTD 283 rel. C.I.T. V. Messrs Akram Brothers Rahim Yar Khan ITA No.5884/B/2004 and 2001 PTD 781 ref. THIS ORDER PASSED BY : JAWAID MASOOD TAHIR BHATTI (JUDICIAL MEMBER).-Through this appeal, the appellant Department has objected the impugned order of the learned CIT(A) dated 6-12-2006 for the Tax Year 2005 on the following grounds:- (2) That the learned CIT(A) was not justified to equate amendment under section 122 with ex parte assessment.…

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