Law: Income Tax Ordinance, 2001

Section: 140,140(5),182,182(1)

INCOME TAX ORDINANCE, 2001 (XIJX OF 2001) Sections: 140, 140(5), 182 182(1) - Recovery of tax from persons holding money on behalf of a taxpayer - Offences Penalties - Recovery of outstanding amount against tax defaulter - Notice issued to Branch Manager of Habib Bank Ltd: Jhawarian by the Assessing Officer to pay the amount due from tax defaulter that may be held or which may be held in future to the credit of defaulter in his bank account - Show Cause Notice to the Manager in his personal capacity Imposition of penalties for non-compliance of notice - CIR(A) disposed of appeal of appellant - Challenge to - Appeal before Appellate Tribunal- FACTS Brief facts of the case are that the appellant taxpayer is a Branch Manager at Habib Bank Limited (HBL), Jhawarian, Tehsil Shahpur, District Sargodha. An amount of Rs 1,770,000 was outstanding against the tax defaulter namely Mr. Shahzad Ahmed Khan Maken having CNIC 38404- 0948915-5. The Assessing Officer served a notice dated 28.04.2017. purporting to be issued under section 140 of the Income Tax Ordinance. 2001 upon the Branch Manager, HBL. Jhawarian, informing the Bank that a sum of Rs. 1,770,000 was due from the aforesaid tax defaulter and that any money held by it, or which may be so held in future, to the credit of the defaulter in his Bank account, should be paid over to the Assessing Officer to the extent of that liability but the appellant failed to do so. Therefore, a show cause notice dated 10.05.2017 under section 182(1) of the Ordinance was issued to the appellant in his personal capacity for imposition of penalties under serial Nos. 10, 13 and 14 of sub-section (1) of section 182 total amounting to Rs. 1,848,100 for non-compliance of notice under section 140 ibid. In response to, the appellant vide his letter dated 12.05.2017 informed that an amount of Rs.8,238,83 was available in the account of the tax defaulter but it cannot be remitted without providing the copy of the order of permission granted by the concerned Commissioner Inland Revenue (or serving notice under section 140 of the Ordinance which is essentially required for the purpose of Bank record. The explanation tendered by the appellant was…

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