Law: Income Tax Ordinance, 2001

Section: 113,114,133,120,122(1),122(5A),122(9),21 4C

Income Tax Ordinance (XLIX of 2001)-- --Ss. 114, 133, 120 & 122(1), 122(5-A), 122(9)--Amendment of assessment-- Charging of turnover minimum tax--Taxpayer filed return of total income for the years 2011 & 2012, and case of the taxpayer was selected for audit, and deemed assessment was amended by Assessing Authority--Discrepancy on scrutiny, having been found in the return of income amended assessment was rendered erroneous--Assessing Authority further amended assessment by charging turnover minimum tax under S.133 of the Income Tax Ordinance, 2011, and issued demand notices to the taxpayer accordingly--Appellate Authority on filing appeal, vide impugned order deleted said minimum tax charged-- Validity--Appellate Authority, had rightly deleted the minimum tax charged on turnover for tax years 2011 & 2012--Section 113 of the Income Tax Ordinance, 2001, was applicable to individual, having turnover of fifty million or above in tax year 2009, or in any subsequent year--Taxpayer being an individual had declared turnover of Rs.41,972,028 for the tax year 2011 & 2012, its turnover to Rs.47,789,484 did not exceed the threshold of Rs. fifty million-- Benchmark of turnover/sales, had to be considered independently for each year, that was so, because turnover itself was a year-on-year phenomenon and levy for one year could not be imposed by reference to benchmark of turnover for any preceding year--Taxpayer, was liable to turnover in any year, where it exceeded Rs.SO million--Department had failed to establish its claim/contention and could not refute or repudiate the arguments of the representative of the taxpayer-- Impugned order passed by Appellate Authority below was found legal, lawful and in accordance with law--Tribunal declined interference. THIS ORDER PASSED BY: MUHAMMAD JAWED ZAKARIA, (JUDICIAL MEMBER).-- By this single order, I intend to dispose the above titled appeals filed by the Department against the separate impugned orders. The department has raised the common grounds of appeal for both the years which are reproduced as under:-- "1. That the order of the learned Commissioner Inland Revenue (Appeals-II), Karachi is bad in law and contrary…

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