Law: Income Tax Ordinance, 2001

Section: 121(1),122(1)(5),121(1)(d)122,122(5)(3), 177,177(4)

ORDER The Order was passed by MUNSIF KHAN MINHAS, JUDICIAL MEMBER.-- The assessee filed these appeals against the combined order dated 16.06.2009 passed by CIT(A-II) Islamabad for the tax years 2004, 2005, 2006 & 2007 on the following grounds:-- i) That both the orders of the learned CIT(A-II), Islamabad as well as the Taxation Officer (Audit-VI), RTO, Rawalpindi are bad in law and contrary to the facts and circumstances of the case. ii) That the rejection of appeal and confirmation of order of Taxation Officer by the CIT(A) is illegal and unjustified. iii) That the order u/s 122(5)(3)/122 is illegal and unwarranted. iv) That the selection of case for audit u/s 177(4) is illegal, void ab initio and without any jurisdiction. So the confirmation by the CIT(A) is illegal. v) That the selection of case for audit u/s 177 at this belated stage is illegal and unjustified, same is without any jurisdiction. vi) That the proceedings under reference by ignoring the revised return filed during the hearing of the case is illegal and unwarranted. vii) That the revised return is a deemed amended order u/s 122(3) as such the order under appeal is illegal. viii) That as per new Income Tax Ordinance, 2001 the estimate of receipts and expenses cannot make as such the order is illegal. ix) That disallowance of various P & L expenses are illegal and unjustified. x) That whole of proceedings by the Taxation Officer is against the power given in sub-section (2) of section 174. 2. Brief facts leading to the appeals are that the assessee an individual derives income from hatchery. Assessments in the case were completed at net income of Rs.150,000/-, Rs.170,400/-, Rs.171,432/-, and Rs.175,329/- for tax years 2004, 2005, 2006 and 2007 respectively. Thereafter, the case was selected for audit regarding which the taxpayer was duly intimated. The assessee was confronted with related issues through notices asking for various details/documents but the taxpayer failed to furnish the same. However revised returns and wealth statements as well as Wealth reconciliation statements were filed. For the reasons recorded in the order declared receipts as per revised returns were accepted and…

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