Law: Income Tax Ordinance, 2001

Section: 53(2),113,122(5A),153(1)(b),221,Second Schedule,PartIII,Cl.8

Law: General Clauses Act, 1897

Section: 5

(a) Income Tax Ordinance (XLIX of 2001)--- ----Ss. 113, 122(5-A), 153(1)(b) & 221, Second Sched., Part III, Cl.(8)---SRO No.57(I)/2012, dated 24-11-2012---Minimum/turnover tax, charge of---Amendment of assessment---Deduction of withholding tax---Taxpayer, a dealer of petroleum products, contended that his product fell within the category of "Fast Moving Consumers Goods", whereupon minimum tax under S.113 of the Income Tax Ordinance, 2001 as per Cl.(8) Part III, Second Sched. to the Ordinance, was 0.20%---Contention of the taxpayer was accepted and deemed assessment was rectified charging minimum tax at 0.20%---Succeeding Additional Commissioner, on scrutiny of the record observed that the petroleum products did not fall under "Fast Moving Consumers Goods" thus not covered under Cl.(8), Part III, Second Sched., to the Ordinance and minimum tax was charged at 1%---Appeal against order of Additional Commissioner by the taxpayer was dismissed by appellate Authority---Case of the taxpayer pertained to year 2011, whereas Notification No. S.R.O. No.57(I)/2012, dated 24-1-2012, whereby minimum tax under S.113 of the Income Tax Ordinance, 2001 was to be charged at 0.20% was issued in the year 2012---Contention of the taxpayer was that said notification had retrospective application---Validity---Said notification did not mention its retrospective effect---General principle of law was that all notifications, would take effect from the date of its issuance, unless specified otherwise---Said notification was applicable only from the date of its issuance and it could not be applied retrospectively---Appellate Authority, in circumstances, had rightly upheld the order of Additional Commissioner---Taxpayer had failed to point out any legal or factual infirmity in the appellate order and had not put forth any evidence to rebut the observation and findings of the Appellate Authority below---No infirmity having been found in the order of appellate Authority same was maintained and upheld---[Majority view] [Per Ch. Shahid Iqbal Dhillon, Judicial Member dissenting [Minority View]---Executive order or notification, which confirmed right and was beneficial would be given…

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