Law: Income Tax Ordinance, 2001

Section: 120(1),122(4),122(5A),21(c),120,153,153( 1)(b),233

ORDER These five appeals have been filed on behalf of the appellant taxpayer against the impugned orders No. 819/2015 dated 27.4.2015, 848/2015 dated 20.5.2015, 849/2015 dated 20.5.2015, 873/2015 dated 27.5.2015 and 874/2015 dated 27.5.2015, 47/2014 dated 18.3.2014 passed by the CIR(Appeals-I) Islamabad wherein appeals of the taxpayer for all the relevant years were rejected. Common issues involved in the instant appeals, therefore, are the same and are disposed off through this single order in the manner as follows: 2. Brief facts leading to these appeals are that the appellant a corporate body filed Returns of income for the tax years 2009 to tax years 2013 declaring the following returns;- (Amount in Rs.) S.No. Tax Year Income/loss declared. 1 2009 (32,041,146) 2 2010 208,914,600 3 2011 208,914,600 4 2012 95,941,000 5 2013 (8,153,783) The returns so filed were treated deemed order under section 120(1) of the Income Tax Ordinance, 2001. The appellant derives income from different heads of income. Besides other heads of income the corporation is charging TV license fee declaring the same as a source of income. As per agreement executed between the WAPDA and PTV Corporation, WAPDA is responsible for collection of TV license fee through monthly electricity bills. The collection so made is remitted to the corporation after retaining a portion by WAPDA as services charges. The services charges so retained by the WAPDA were claimed by later as expenditure in the statement of accounts. 3. The financial statements duly audited by the Chartered Accountants and furnished by the appellant were examined and it was observed by the Assessing Officer that the deemed orders u/s 120 ibid are erroneous in so far as these are prejudicial to the interest of revenue. It was observed that the expenditure claimed on account of services charges retained by the WAPDA (Collecting Agent) is hit by provisions of section 21 (c) ibid. Accordingly, assessment orders for all the above years were amended under section 122(4)/122(5A) ibid by the Additional Commissioner holding jurisdiction over the case and the amount of expenditure claimed under the said head was disallowed. While resorting…

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