Law: Income Tax Ordinance, 2001

Section: 153,120,153(1)(b),153(3)(b),122(5A),122( 9),113

[Income Tax Ordinance (XLIX of 2001)].......Sections 120, 153(1)(b), 153(3)(b), 122(5A) read with 122(9), 113,.. F.B.R's. Circular No. 3 of 2009, dated 17/07/2009, F.B.R's. Circular No. 6 of 2009, dated 18/08/2009,.. Part-IV, Second Schedule, Income Tax Ordinance, 2001,.. Return,.. During checking of record of the tax-payer, it was noticed by the authorities that the tax-payer had wrongly adjusted minimum tax liability amounting to Rs. 696,403/- and Rs. 2,583,322/- @ 6% of the local turnover in terms of Section 153(1)(b) of the Ordinance which termed the earlier assessment finalized under Section 120 of the Ordinance to be erroneous in so far as prejudicial to the interest of Revenue,.. Show-cause Notice,.. Minimum tax,.. Liability,.. Adjustment,.. Assessment,.. Amendment,.. Appeal before CIR(A), failed,.. Minimum Tax Regime (MTR),.. Final Tax Regime (FTR),.. While contesting the case, A.R. stated that while contesting the appeal before the first appellate authority, attention of the learned CIR(A) was drawn to F.B.R's. Circular Nos. 3 and 6 of 2009 and Part-IV of Second Schedule to the Ordinance wherein certain clarifications were issued regarding Section 153 of the Ordinance but unfortunately, authority below did not pay any heed to the same,.. He stated that according to these clarifications, provisions of Section 153(3)(b) of the Ordinance are not applicable in the case of withholding tax deductions made by the tax-payer for providing services, which is contrary to the assumptions of both authorities below,.. Learned Tribunal admitted the fact that minimum tax under Section 113 of the Ordinance is applicable to the resident companies rendering services, which would be governed by normal tax regime whereas such companies do not come in the domain of F.T.R. as well as M.T.R. of Section 153 of the Ordinance,.. Issue under consideration also stood already resolved in favour of the tax-payer by this Tribunal in the case referred supra, therefore, learned Tribunal accepted both the appeals and vacated the orders by both the authorities below,.. M/s. Pakistan Technologix (Pvt.) Ltd.'s case I.T.A. Nos. 1377 & 1388/LB/2012, dated 06.03/2013 referred ORDER Though…

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