Law: Income Tax Ordinance, 1979

Section: 32A,80D,32A&32,32(1)(3),62,11&13

(a) Income Tax Ordinance (XXXI of 1979)----S. 32-A---Furnishing of documents etc. by company---Provision of S.32-A, Income Tax Ordinance, 1979 would not be available if an Assessing Officer can establish that the report of the auditors as well as the accounts audited by them were clearly false. (b) Income Tax Ordinance (XXXI of 1979)--- ----S. 80-D---Interpretation of S.80-D, Income Tax Ordinance, 1979--¬Words "where no tax is payable or paid" in S.80-D, Income Tax Ordinance, 1979---Interpretation. The words used in section 80-D, Income Tax Ordinance, 1979 "where no tax is payable or paid" clearly imply that an Assessing Officer shall first determine if the assessee is liable to pay tax. In that determination if he finds that no tax is payable or that the one payable is less than the said minimum tax prescribed in subsection (2), he will be, in the first case, require the assessee to pay 1 /2 % of the turnover and, in the second case an amount equal to the difference between the tax payable or paid at the amount calculated under clause (1) i.e. 1/2 % of the turnover. Obviously, the process by which an Assessing Officer will determine the liability of a person to tax and its computation is none else but to make of an assessment order under section 62 of the Income Tax Ordinance. (c) Income Tax Ordinance (XXXI of 1979)--- ----S. 80-D---Applicability of provision of S.80-D, Income Tax Ordinance, 1979---Section 80-D will come into play only after tax liability of an assessee has been determined by way of the process called assessment. 1990 PTD 821 and I. T. A. No. 104/KB of 1984-85 ref. PLD 1997 SC 582 = 1997 PTD 1555 analysed. (d) Income Tax Ordinance (XXXI of 1979)--- ----S. 80-D---Contention was that assessee having declared loss was, at best, liable to minimum tax under S.80-D, Income Tax Ordinance, 1979, was neither warranted nor acceptable in law. 1990 PTD 821 and I. T. A. No. 104/KB of 1984-85 ref. PLD 1997 SC 582 = 1997 PTD 1555 analysed. (e) Income Tax Ordinance (XXXI of 1979)--- ----S. 80-D---Assessee had itself filed a return of total income under S.55 of the Income Tax Ordinance, 1979---Such assessee, held, could not be allowed to turn back and contend…

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