Law: Income Tax Ordinance, 2001

Section: 122,122(5),40,122(5A)

Income Tax Ordinance (XLIX of 2001)---Ss.122(5) & 40---Amendment of assessments---Deductions in computing income chargeable under the head "Income from other sources"---Definite information---Ground rent---Claim of expenses---Assessee failed to furnish reply and assessment was amended---Assessee contended that nothing was concealed and expenses claimed against `ground rent' were admissible under S.40 of the Income Tax Ordinance, 2001---Assessment was annulled by the First Appellate Authority---Department contended that First Appellate Authority was not justified to accept the documentary evidence produced before him in the light of S.122(5) of the Income Tax Ordinance, 2001 as the same were neither produced before Taxation Officer, nor taxpayer was prevented by sufficient cause from producing such material before the Assessing Officer---Validity---Assessment should only be amended on the basis of `definite information' acquired by the audit or otherwise--Information had neither come from audit nor it had been received from any other corner---In the absence of `definite information' and that too of concealment, order was to be passed under S.122(5A) of the Ordinance, if it was considered to be erroneous and prejudicial to the interest of revenue---Order passed by the First Appellate Authority was considered to be the correct one---Right course of action, if any, was to resort to the provision of S.122(5) of the Income Tax Ordinance, 2001 which had wrongly been invoked---Order passed by the First Appellate Authority was upheld by the Appellate Tribunal and the departmental appeal was dismissed being without merit. THIS ORDER PASSED BY: MUNSIF KHAN MINHAS (JUDICIAL MEMBER).---The Department has filed this appeal against the combined order dated 18-10-2008 passed by CIT(A-II) Islamabad for the tax year, 2003 on the following grounds: (i) That the learned CIT(A) was not justified to accept the documentary evidence produced before him in the light of section 122(5) of the Income Tax Ordinance, 2001 as the same were neither produced before Taxation Officer, nor taxpayer was prevented by sufficient cause from producing such material before the Taxation Officer.…

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