ALI GARMENTS LIMITED Vs. COMMISSIONER OF TAXES

JUDGEMENT

(1.) The Civil Appeal, by leave, is directed against the judgment and order dated 25.03.2001 passed by a Division Bench of the High Court Division in Reference Application No. 43 of 1997 rejecting the reference. The facts of the case, in brief, are that the appellant filed return for the assessment year 1991-92 showing gross profit at the rate of 11.77%. Notice was served upon him, fixing date of hearing but he did not appear at the time of hearing and the Deputy Commissioner of Taxes took the matter for ex-parte hearing and held that the assessee intentionally avoided attending the case and made assessment under section 84 of the Income Tax Ordinance, 1984. The Deputy Commissioner of Taxes considered the audit report submitted by the company but found that supporting papers including vouchers have not been filed and made the assessment fixing 64.70% as the rate of gross profit.