Heading: SECTIONS 177 AND 214C OF INCOME TAX LAW: STRUCTURED PROCEDURE FOR AUDITS BY IR EXPLAINED - 2025-01-24
ISLAMABAD: The Appellate Tribunal Inland Revenue (ATIR) has explained a structured procedure for conducting audits by Inland Revenue officials under sections 177 and 214C of the Income Tax Ordinance, 2001. This important judgement has been issued by a two-member bench of ATIR, Division Bench-I. Let this order be sent to Member (Operation) and Member(Legal) Federal Board of Revenue (FBR) for the purposes of issuing instructions to all assessing officers to ensure compliance with the aforementioned legal provisions, procedures, directions, and their mandatory nature. They should also be apprised of the serious consequences that will follow for any officers who fail to strictly adhere to these provisions and procedures, the ATIR order added. A tax expert explained the ATIR judgement that the process includes issuing intimation letters, reviewing records, addressing discrepancies with taxpayers, and preparing a comprehensive audit report. The judgment underscores the legal basis for actions such as best judgment assessments under Section 177(10) read with Section 121 when taxpayers fail to provide the required records. Additionally, it critiques deficiencies in a specific audit report, stressing the importance of a clear structure, detailed findings, proper legal references, taxpayer acknowledgment, and adherence to procedural requirements to ensure transparency, fairness, and enforceability. The ATIR order stated that the titled appeal was transferred by the learned Commissioner of Inland Revenue (Appeals-I), Islamabad, on September 18, 2024, under Section 126A(4) of the Income Tax Ordinance, 2001, as the assessed tax value in this case exceeds 20 million rupees. Consequently, this tribunal is now tasked with deciding the appeal. The appellant contests the impugned order dated February 29, 2024, issued by the assistant commissioner of Inland Revenue, Unit-AEIO-2, Range-AEOI, LTO, Islamabad for the tax year 2018, based on the grounds detailed in the memo of appeal. The ATIR order stated that we have carefully considered the arguments presented by the representatives of both sides and thoroughly reviewed the available records. The core legal issue in the present…