| Citation(s) |
|---|
| 2004 SLG 39 2004 SLD 39 2004 PTD 1707 |
Federal Tax Ombudsman
Complaint No. 448 of 2003, decision dated: 16-08-2003
JUSTICE (RETD.) SALEEM AKHTAR, FEDERAL TAX OMBUDSMAN
Abdur Rehman Mir FCA/A.R. for the Complainant, Dr. Muhammad Iqbal, IAC HQ, Muhammad Ashfaq, Staff Officer to RCIT and Ms. Iram Sarwar, ALIT for
Respondent
Complaint No. 448 of 2003, decision dated: 16-08-2003
JUSTICE (RETD.) SALEEM AKHTAR, FEDERAL TAX OMBUDSMAN
Abdur Rehman Mir FCA/A.R. for the Complainant, Dr. Muhammad Iqbal, IAC HQ, Muhammad Ashfaq, Staff Officer to RCIT and Ms. Iram Sarwar, ALIT for
Respondent
Messrs PUNJAB BEVERAGE CO. (PVT.) LTD.
VS
SECRETARY, REVENUE DIVISION, ISLAMABAD
Law: Federal Tax Ombudsman Ordinance, 2000
Section: 2,2(3)
Law: Income Tax Ordinance, 1979
Section: 59,59(1)
(a) Income Tax Ordinance (XXXI of 1979]........S. 59(1) C.B.R. Circular No. 7 of 2002, dated 15 6 2002, para. 9(a)(ii) (Self Assessment Scheme) C.B.R. Letter No. C. 7(7)S. asstt/2002, dated 17 12 2002 C.B.R. Letter No. C. 7(7)/S.asstt/2002, dated 5 3 2003 Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), S.2(3) Self Assessment Setting apart -Limitation Intimation of selection of case for audit was received by the complainant/assessee on 19 4 2003 and actual order of selection, which was, dated 12 3 2003 was received on 19 4 2003 Complainant/assessee contended that selection of the case could not be considered as having been made within due, dated i.e. by 31 3 2003 Validity No indication was available in the guidelines or in the letter extending the date that the intimation of selection or the order of selection had to be served on the assessee by 31 3 2003 Neither on facts nor in the light of the legal position was there any reason to hold that the selection of the Complainant/assessee's case or total audit was barred by limitation. (b) Income Tax Ordinance (XXXI of 1979) S. 59(1) C.B.R. Circular No.7 of 2002, dated 15 6 2002, para.9(a)(ii) (Self Assessment Scheme) C.B.R. Letter No. C.7(7)S. asstt/2002, dated 17 12 2002 C.B.R. Letter No. C. 7(7)/S.asstt/2002, dated 5 3 2003 Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), S. 2(3) Self Assessment Setting apart -Selection of case was based on the grounds that net profit rate in respect of income from manufacturing had declined from 0.0169 for the year 2001 2002 to 0.0096 in the year 2002 2003 and also that sales had increased during the year by only 1.1% whereas expenditure had increased by 18.2% Working capital had also doubled from Rs.40,878,170 to Rs.80,436,099 but there was no corresponding increase in sales Validity Grounds for selection of the case communicated to the Complainant/assessee and the Complainant/ assessee's replies showed that these were issues which could be properly considered only during regular assessment proceedings Selection of the case for audit was found to be justified and the complaint was rejected accordingly by the Federal Tax…
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