Deletion of addition

Extra amount was contributed towards the superannuation fund and expense out of the same in six consecutive years, which was disallowed on the ground that prior permission for the contribution was not obtained from the Commissioner

Taxpayer contended that taxpayer/bank applied for approval of extra contribution which was granted by the Commissioner

Addition was deleted by the First Appellate Authority as approval of extra contribution was granted

After approval letter issued by the Commissioner, there was no reason for interference in order of First Appellate Authority which was confirmed by the Appellate Tribunal in circumstances.

Taxpayer contended that disallowance was not confronted in notice under S.122(5A) of the Income Tax Ordinance, 2001; and invoking of S.122(5A) of the Income Tax Ordinance, 2001 on a matter without issuance of notice was not justified and that evidence had already been filed with the return

First Appellate Authority deleted the addition with the observation that addition without providing an opportunity of hearing was unjustified

Validity

Any addition without issuing statutory notice was unlawful

Undisputedly no notice required under S.122(9) of the Income Tax Ordinance, 2001 was issued

Order of First Appellate Authority was confirmed by the Appellate Tribunal.