Law: Income Tax Ordinance, 2001

Section: 161,161(1A),174,205

Law: Income Tax Ordinance, 1979

Section: 50,52,156

(a) Income Tax Ordinance (XLIX of 2001)---Ss.161 205--Income Tax Ordinance (XXXI of 1979) [since repealed], Ss.50 156--Failure to pay tax collected or deducted-- Deduction of tax at source--Rectification of mistake--Scope- Assessing officer worked out tax liability under Ss. 161 205 of Income Tax Ordinance, 2001, for its failure to deduct or deposit withholding tax--Commissioner of Inland Revenue (CIR(A)) observed that the assessment for the year 1996-97 was completed on 28-06-1997, that the assessment for the year 1999-00 was completed on 29-03-2001, that notice for the recovery of tax was issued on 15-12-2003; that the limitation as prescribed under S.156 of Income Tax Ordinance, 1979, for the assessment year 1996-97 had expired, however, confirmed the order of assessing officer for the year 1999-00--Appellate Tribunal declared the order passed for the assessment year 1999-00 to be barred by limitation on the ground that the period of limitation had to be calculated from the end of financial year and not from the date of assessment order--High Court remanded the case to the Tribunal for determination in each case regarding the reasonableness of the period within which the notices were issued and for determination whether the notices ought to be sustained on the touchstone of having been issued within a reasonable period of time or not--Validity--Assessing officer’s only question was to show tax deposit challans--Taxpayer did not provide the challans--No records were being called from the taxpayer for examination--Reasonableness of time to assess or determine the amount of default on examination of documents or record was not the issue in hand, hence question of reasonableness of time or time limiting factor did not arise--No time limitation could be prescribed for recovery under S.161, Income Tax Ordinance, 2001, of withholding tax default which included a default committed under S.50 of the Income Tax Ordinance, 1979--Order passed by CIR (A) was vacated and the recovery order under S.161, Income Tax Ordinance, 2001, was upheld. Commissioner of Inland Revenue v. Pakistan Mobile Communication (Pvt.) Ltd. (I.T.Rs. Nos.44 and 45 of 2007) and Messrs Pakistan…

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