Complaint to Federal Tax Ombudsman

Notice issued by Assessing Officer requiring complainant to explain sources of investment in commercial property and file wealth statement for relevant year along with a wealth reconciliation statement

Complainant's plea was that after having identified his sources of investment through documents, Assessing Officer could not require him to file wealth statement in absence of selection of his deemed/finalized assessment for audit by Federal Board of Revenue

Validity

Assessing Officer in case of a finalized assessment after receipt of "definite information" about an investment could ask an assessee to explain its sources, and in case of his failure to do so could amend finalized assessment after issuing him show cause notice under S. 122(5) of Income Tax Ordinance, 2001

Assessing Officer had not objected sources of investments identified by complainant for being documentary foreign remittances

Neither Assessing Officer had revised/amended complainant's deemed assessment nor had Board selected same for audit

Impugned notice was without jurisdiction

Ombudsman directed Chief Commissioner to restrain Assessing Officer from conducting an audit in garb of a probe into already such accepted sources of investment or select complainant's case for audit.