Law:

Section: 4,5,6,7,113,114,120,120(1),120(1)(b),121 ,122,123,124,125,137,138,138(A),145,153, 153(1)(A),161,205

(a) Income Tax Ordinance (XLIX of 2001)--- ----Ss. 4, 114, 120, 122, 137, 138, 161 & 205---Failure to pay tax collected or deducted---Liability to pay additional tax---Assistant Commissioner Inland Revenue (ACIR), after examination of return of income filed by the taxpayer, observed that taxpayer had made purchases for relevant period at Rs.114,968,668 and taxpayer who was liable to deduct tax on such purchases had failed to deduct the same; show-cause notice was issued to the taxpayer---On reply to the show-cause notice, taxpayer took legal objection to the effect that law did not permit such action after filing of income tax return and he contended that proceedings initiated be dropped---Such objection having been rejected by ACIR, taxpayer preferred appeal against order of ACIR, which appeal was decided in favour of the taxpayer---Validity---Three distinct types of provisions existed generally in every fiscal enactment; namely; charging provisions; assessment provisions; and collection provisions---Charging provisions, related to the levy or charge of tax, which usually stated that tax was to be on what matter, or goods or income and in which manner and at what rate and matters relevant thereto---Assessment provisions, deal with the assessment, calculation or quantification of the tax for the purposes of determining the amount of tax due and payable, or which had escaped collection, or had been under assessed or assessed at a lower rate, or on which excessive relief or refund had been allowed---Element of addition of liability was woven in such provisions and these were impregnated with the potential of adding to the liability of the taxpayer---Same were not mere matter of procedure, but had substantive provisions as well---Collection provisions related to the mode and manner of recovery of collection/recovery of the tax---Provisions of Ss.4, 5, 6, 7 & 113 of the Income Tax Ordinance, 2001 were charging sections---Provisions of Ss.120, 121, 122, 123, 124 125 & 221 of Income Tax Ordinance, 2001 were in nature of assessments---Sections 137, 138, 138-A to 145 & 161, were provisions of collection or recovery in nature---Provisions of Ss.120, 122,…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492