Law: Income Tax Ordinance, 2001

Section: 113,120,221,Clause(8) ofPt.III ofthe2nd Schedule

THIS ORDER PASSED BY: JAVAID MASOOD TAHIR BHATTI, CHAIRMAN:---.--- These three appeals are directed against the consolidated impugned order of the learned CIR (A) dated 31-05-2014 in respect of the order passed by the taxation officer u/s. 221/113 of the Income Tax Ordinance, 2001 passed in case of steel re-rolling unit, which did not charge and pay minimum tax u/s 113(ibid) in respect of Tax Years 2011, 2012 and 2013 on the following common grounds:- "1. That the order of CIR dated 31-05-2014 as well as the Impugned Order of the DCIR U/S. 221/113 of the Income Tax Ordinance, 2001 dated NIL are unwarranted, void ab initio, illegal and without lawful authority, hence, liable to be annulled. 2. That the minimum tax chargeable u/s. 113 of the Income Tax Ordinance, 2001 in case of this Tax-payer is as under:- Turn-over Rs.668,501,464/-for the Tax Year 2011, Rs.682,263034/- for the Tax Year 2012 and Rs.828168633/- for the Tax Year 2013. Minimum Tax @ 1% Rs.6,685,015/-for the Tax Year 2011, Rs.6822630/- for the Tax Year 2012 and Rs.4140843/- for the Tax Year 2013. Less: Reduction @80% Allowed by Cl. (8) of Pt. Of the Schd. to the Income Tax Ordinance, 2001. Rs.5,348,012/-for the Tax Year 2011, Rs.5,458,104/-for the Tax Year 2012 and Rs. 3,312,675/- for the Tax Year 2013. Net payable Minimum Tax Rs. 1,337,003/- for the Tax Year 2011 Flood Surcharge Rs. 58,494/- for the Tax Year 2011 Total Tax Payable Rs. 1,395,497/- for the Tax Year 2011, Rs. 1,364,526/- for the Tax Year 2012 and Rs. 828,168/- for the Tax Year 2013. the learned Inland Revenue Officer has charged the same at Rs.6,685,014/- for the Tax Year 2001, Rs.6878923/- for the Tax Year 2012, Rs.4140843/- for the Tax Year 2013. which is factually incorrect. Out of chargeable amount of Rs.1,395,497/- for the Tax Year 2011 at Rs.1364526/-for the Tax Year 2012 and Rs.828168/-for the Tax Year 2013, this appellant/Taxpayer has already paid Rs.920,565/- for the Tax Year 2011, at Rs.924894/- for the Tax Year 2012 and Rs. 1384461 for the Tax Year 2013 and the balance remains at Rs.474,932/- for the Tax Year 2011, Rs.439632/- for the Tax Year 2012 . Nothing to be paid for the Tax year 2013. 3. That the CIR Appeals was not…

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