Law: Income Tax Ordinance, 1979

Section: 54,62,65,88,107,134,107(AA)

Income Tax Ordinance (XXXI of 1979)----Ss. 54, 62, 65, 88, 107-AA & 134---Imposition of additional tax for non-payment of tax liability---Additional tax was imposed on appellant/taxpayer for non-payment of tax liability along with return for relevant assessment year---Validity---Representative of taxpayer had submitted that tax payable was deposited after adjustment of tax credit available to him under S.107-AA of Income Tax Ordinance, 1979---Tax payable was on the basis of return for the relevant assessment year and in case Deputy Commissioner would hold that tax credit was not available, he would re-compute the tax payable by taxpayer for the relevant tax year---Taxpayer was to determine/calculate tax payable as per declaration in the return for the relevant period, which would be the tax payable on the basis of such return---If the declaration in the return was modified under Ss.62 & 65 of Income Tax Ordinance, 1979 or any other provision, the tax payable under later section would not be taxable under S.54 of said Ordinance---Action taken under S.88 of Income Tax Ordinance, 1979 imposing additional tax, was declared against the provisions of law and was annulled, in circumstances. Commissioner of Income Tax v. Lahore Cantonment Cooperative Housing Society Lahore 2002 PTD 629 ref.THIS ORDER PASSED BY: The taxpayer through this appeal has assailed an order passed under section 88 of the repealed Income Tax Ordinance, 1979 dated 23-5-2008. Additional tax was imposed for non-payment of tax liability along with return for assessment year 2002-2003. This order was upheld by the Commissioner (Appeals) vide its order dated 17-2-2009, which is impugned before us. 2. The AR, explaining his case, submits that tax payable under section 54 was deposited after adjustment of tax credit available to appellant under section 107AA of the Income Tax Ordinance. The credit of tax availed by the taxpayer under section 107AA was confronted by department in proceedings under section 62. Adjustment of tax credit in assessment year 2002-2003 was denied and was held to be available to the taxpayer in tax year 2003. On the basis of Order under section 62,…

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