Law: Income Tax Ordinance, 2001

Section: 113,133,133(5)

Law: Income Tax Ordinance, 1979

Section: 80CC,80D

Income Tax Ordinance (XLIX of 2001)- -S.133-Income Tax Ordinance (XXXI of 1979) [since repealed], Ss.80CC & 80D-Minimum tax on income of certain companies and registered firms-Reference to High Court-Scope- Assessment of taxpayer for the assessment year 2001-2002 was finalized, however, it was charged to tax separately under Ss. 80D & 80CC of the Income Tax Ordinance, 1979 on local and export sales, respectively-Appeal filed against such treatment was allowed by the Commissioner (Appeals)- Validity-Aggregate of the declared turnover as defined in S.80D, Income Tax Ordinance, 1979 from the sale of goods, rendering, giving or supplying services or benefits or execution of contracts had to be taken into account for determining the minimum tax liability of 0.5% of the turnover-If no tax, for whatever reason, was payable/paid then the amount worked out at the rate of 0.5% of the turnover would be the minimum tax payable-If the tax payable/paid was less than 0.5% of the turnover, then the minimum tax payable would be the difference/balance between the tax payable/paid and 0.5% of the turnover-Proposed question was answered in the affirmative and the reference application was decided against the applicant department. Commissioner of Income Tax Legal Division, Lahore and others v. Khurshid Ahmad and others 2016 PTD 1393 foll. ORDER Through instant Reference Application under Section 133 of the Income Tax Ordinance, 2001 ("Ordinance of 2001"), the following question of law, asserted to have arisen out of impugned order dated 18.09.2009, passed by the Income Tax Appellate Tribunal, Lahore Bench, Lahore ("Appellate Tribunal"), has been proposed for our opinion:- "Whether on the facts and circumstances of the case, the learned ITAT was justified to direct that the turnover under section 80CC should be included in the total turnover before calculating and levying the tax under section 80-D whereas Sections 80D and 80CC are non-obstinate provisions, therefore, sphere of 80D should be considered as inclusive of sphere of 80CC?" 2. Brief facts of the case are that assessment of respondent taxpayer for assessment year 2001-2002 was finalized, however, it was charged to…

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