Law: Income Tax Ordinance, 1979

Section: 80C(5),80C,143B,50(4),13,55,59A,80B

Law: Constitution of Pakistan, 1973

Section: 199

Income-tax Ordinance, 1979 -- Sections 80C(5), Circular No. 12 of 1991 -- Applicability of provisions -- Assessee filed return for the assessment year 1991-92 alongwith computation of income showing the income falling under section 80-C as well as the income outside the said section -- Assessing officer completed the assessment and imposed additional tax on the basis of Circular No. 12 -- Without determination the nature and source of excess income -- Whether provisions applicable to every case -- Held no JUDGEMENT The Judgment of the Court was delivered by Mamoon Kazi, J.-- The petitioner in these petitions has challenged the applicability of section 80-C (5) of the Income Tax Ordinance, 1979 (hereinafter referred to as "the Ordinance") to its case. It has also called into question the correctness of the interpretation of the said provisions as indicated in Circular No. 12/1991 dated the 30th June, 1991 issued by the Central Board of Revenue (respondent No. 1). 2. The facts of the case, briefly stated, are that, section 80-C, which was incorporated in the Ordinance by Finance Act, 1991, has introduced a presumptive tax regime with effect from the assessment year 1991-92. The petitioner in each case is a corporation to which the provisions of section 80C of the Ordinance are applicable. Section 80-C provides, in brief that, notwithstanding anything contained in the ordinance or any other law for the time being in force, the whole of amount received shall be deemed to be the income of the assessee and tax thereon shall be charged at the rate specified in the First Schedule. The amount in question is defined in terms of sub-section (2) of the said section and the same is relatable for the purpose of the present case to the amount representing payments on which tax is deductible under section 50(4) of the ordinance. The petitioner had submitted its income tax returns for the relevent assessment years in the normal course. It had also filed a statement under section 143-B of the Ordinance alongwith computation of income showing the income falling under section 80-C as well as the income outside the said section. The Assessing Officer, who completed the assessment,…

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