Law: Income Tax Ordinance, 1979

Section: 59,59(1),62

Income Tax Ordinance (XXXI of 1979)----Ss.59(1) & 62---C.B.R. Circular No.4 of 2001 dated 18-6-2001, para.9(a)(ii)---C.B.R. Circular No.7(7) S. Asstt. 2001 dated 26-3-2002--Self-assessment---Assessment year 2001-02---Selection of case for total audit for the reasons that yielding net profit rate was very low and overhead expenses seemed to be on the lower side---Validity---Guidelines issued by the Central Board of Revenue were suppression of income, evidence of revenue potential case, decline in income, creation of new assets or disparity in expenses on utilities---Such criteria was somehow not met by the Regional Commissioner of Income Tax---All the relevant parameters of the business had shown much better results as compared to the previous years---Order of First Appellate Authority was vacated and Assessing Officer was directed to accept the return under Self-Assessment Scheme. 2005 PTD 165; 2004 PTD 1719 and PLD 2006 SC 787 = 2006 PTD 2502 ref. ORDER The titled appeal has been Tiled, at the instance of the assessee, arising out of order passed by the learned C.I.T.(A), Zone-V, Lahore, dated 22-2-2005, for the assessment year 2001-02. The appellant also preferred a misc. application raising Additional Ground of Appeal. The appellant is allowed' to raise and argue the additional ground and, as per additional ground filed, it is the appellant's contention that:--- "The learned RCIT is not justified Co set apart the Income Tax Return filed by the assessee for assessment year 2001-02. The selection of the case for audit, under paragraph 9(a)(ii) of Circular No.4/2001 is beyond the guidelines and policy directions issued by the C.B.R. under its Circular letter dated 26th March, 2002." 2. Briefly stated, the relevant facts are that the assessee in this is an individual who continues to derive income from sale of readymade garments. Return for 2001-02, was filed declaring net income at Rs.1,503,204. The case of the appellant was set apart by the RCIT. Eastern Region, Lahore, vide order dated 17-6-2002 and in this regard, the assessee was duly informed. Statutory notices were issued by the Assessing Officer which were complied with by the A.R. of the assessee.…

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