Law: Income Tax Ordinance, 2001

Section: 114,182(1),114(4),4(1)

[Income Tax Ordinance (XLIX of 2001)]..........Sections 182(1), 114(4), 4(1),,. Finance Act, 2002,, Return,, Penalty,, Appeal,, Reduction, hence the instant appeal,.. Contention of the appellant-department was that the DCIR rightly imposed the penalty under Section 182(1), Income Tax Ordinance, 2001, and was justified in not accepting unsatisfactory explanation of tax-payer and contention because through Finance Ordinance, 2002 the word "return" was replaced by "Tax Year" in Section 182(1), Income Tax Ordinance, 2001 through Finance Act, 2002, and the spirit behind insertion of word "Tax Year" was that the tax payable is to be calculated for the Tax Year and not on the basis of return,.. He also argued that the learned CIR(A) was not justified to reduce the penalty,... Respondent supported the order of the learned CIR(A) and argued that the learned CIR(A) had rightly reduced the penalty, the respondent filed return of income for the Tax Year 2008 on 12/02/2009, which was treated by the DC, Hyderabad late by 11 days and imposed penalty under Section 182(1), Income Tax Ordinance, 2001 on the basis of tax payable, respondent applied for extension in filing of return which was allowed up to 7th February in compliance of notice under Section 114(4) of the Income Tax Ordinance, 2001 and the return was required to be filed up to 7th February 2009 and on that date of hearing, AR of the respondent filed another application for further extension of time up to 11th February, 2009, through TCS, D.C., Hyderabad ignored these facts and evidences and imposed penalty on the default of late filing of return under Section 182(1) of the Income Tax Ordinance, 2001,, Perusal of the record transpired that the penalty under Section 182(1) of Income Tax Ordinance, 2001 had been imposed by the Taxation Officer without looking into the reasonable excuse submitted by the tax-payer and that too levied on "gross tax" instead of "tax payable" as has been stated in section 182(1) of the Income Tax Ordinance, 2001 particularly, the definition of "tax payable" has been defined in Section 4 (1) of the Income Tax Ordinance, 2001,.. Without following interpretation of the aforementioned…

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