Monday, 29 April 2013

FTO says provisions allow multiple Amendments: Assessment under section 122(5A) of IT Ordinance:



Giving an order in favor of Federal Board of Revenue (FBR), Federal Tax Ombudsman Dr Muhammad Shoaib Suddle has observed that the provisions of section 122(5A) of the Income Tax Ordinance 2001 permit multiple amendments to an assessment in case of concealment. 


Sources told here that in a recent order passed by FTO it was ruled, the provisions of Section 122(5A) of the Ordinance permit multiple amendments to an assessment. This is not a case of ‘double jeopardy’ and the passage of an order under Section 122(5A) of the Ordinance on the basis of concealment of sales/turnover is, prima facie, well within the legal framework and does not suffer from any defect.


The FTO stated that delegation of authority by the Commissioner IR to the Addl CIR to exercise revisionary jurisdiction under Section 122(5A) is within legal framework and all authorities placed in the charge of the Commissioner IR stand empowered to exercise their delegated authority in accordance with law and no fatal defect of jurisdiction in the case of any authority has been established by the Complainant.