Law: Income Tax Ordinance, 2001

Section: 153,161,205

[Income Tax Ordinance (XLIX of 2001)]......Sections 153, 161 read with 205,.. Income Tax Ordinance (XXXI of 1979), Section 50,, S.R.O. No. 586(I)/91,,. S.R.O. No. 659(I)/81, dated 25/06/1981,, Departmental Appeal contending that the CIR(A-II) was not justified to delete the tax charged on account of stationery/office equipments and erred in reducing the rate of tax from 6% to 2%,,,Taxpayer was a private limited company deriving income from manufacturing of steel ingot and billet, it was obligatory upon the taxpayer company to deduct the tax before making payments to various parties,.. Show-cause Notices, remained un-complied,,. Order passed under Section 161/205 under different heads,, A.R. was awarded certain relief in first appeal, hence this appeal by department,, Section 153, Income Tax Ordinance indicates that in the case of transport services, two percent of the gross amount payable, because the tax-payer was providing pick & drop facility to its workers, therefore, withholding tax was to be deducted @ 2% instead of 6%, decision of the first appellate authority was upheld and maintained,, Similarly, the CIR (R-II) deleted the deleted the demand giving remarks that the payments were below threshold of Rs. 25,000/-, it has been specified by the C.B.R. in its S.R.O. No.586(I)/91 that "Not exceeding rupees twenty-five thousand on account of supply of goods, in a financial year; and,,", therefore, the Tribunal also decided not to interfere in the findings of learned CIR(A),, Departmental appeals were dismissed being devoid of any merit,,. ORDER This departmental appeal has been directed against order dated 27.10.2011 passed by learned CIR (Appeals-II), Lahore on the following grounds:- (i) That the Commissioner Inland Revenue, Appeals-II, Lahore was not justified to delete the tax charged on account of Stationery/office equipments. (ii) That the Commissioner Inland Revenue, Appeals-II, Lahore has grossly erred in reducing the rate of tax from 6% to 2%. The taxpayer is a Private Limited Company deriving income from manufacturing of steel ingot and billet. It was obligatory upon the taxpayer company to deduct the tax before making payments to various…

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