Law: Income Tax Ordinance, 1979

Section: 143,59(1),62,143B

Income Tax Ordinance (XXXI of 1979)----Ss. 59(1), 62 & 143B---C.B.R. Circular No. 12 of 1991, dated 30-6-1991-- Self-assessment---Proceedings were initiated under normal law on the ground that assessee was under obligation to proportionate the Profit and Loss expenses among the income declared in IT-11B as well as statement under S. 143B of the Income Tax Ordinance, 1979 and Assessing Officer worked out according to Circular No. 12 of 1991---Assessee contended that case was neither selected for "total audit" through the computer ballot nor it was earmarked by the Regional Commissioner of Income Tax for normal law proceedings and there was no other criteria to proceed under normal law---Expenses had been fully prorated and only those expenses were claimed which related to other sales---Validity---Treatment given by the Assessing Officer was not based on legal grounds---Assessing Officer, was not justified in observing that on the basis of pro rata expenses the assessee was required to declare net income in IT-11B at Rs.5,87,400 whereas the income was declared by the assessee at. Rs.4,05,000---Assessee duly fulfilled all the requirements of Self-Assessment Scheme---Appellate Tribunal directed to accept the case under Self-Assessment Scheme and annulled the order passed by the authorities below. ORDER This appeal has been filed by the assessee-appellant for the assessment year 2001-2002 against an order recorded by the learned CIT(Appeals-Zone-B), Lahore. The assessee has agitated that the learned CIT(A) was not justified to confirm the processing of the case under normal law in spite of the fact that all the legal requirements of SAS were fulfilled. Brief and relevant facts of the case leading to this appeal are that the assessee-appellant, an Individual, derives income from purchase and sale of Pipes as well as Supplies. Return for the year under consideration was filed to declare net income at Rs.4,05,000. The Assessing Officer observed that under the provisions of Circular No. 12 of 1991 the assessee-appellant was under obligation to proportionate the P&L expenses among the income declared in IT-11B as well as statement under section 143B. The…

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