Law: Income Tax Ordinance, 1979

Section: 80C,62,59A,143B,4

(a) Income Tax Ordinance (XXXI of 1979)--- ----S.80-C---Income covered under S.80-C, Income Tax Ordinance, 1979--Taxability---Procedure---No order under S.62, Income Tax Ordinance, 1979 is to be made in respect of income covered under S.80-C of the Ordinance--¬Principles. No order under section 62 of the Income Tax Ordinance, 1979 is to be made in respect of income covered under section 80-C. In fact, neither any return of income is to be filed in respect of income covered under section 80-C nor any assessment order is to be framed by the Assessing Officer It is clearly provided under subsection (4) of section 80-C that in respect of income covered under subsection (1) of section 80-C no return of total income is required to be filed under section 55 and the tax deducted or elected under section 50 shall be deemed to be final discharge of tax liability. It is further provided in subsection (7) of section 80-C that in a case to which subsection (4) applies, an order under section 59-A shall be deemed to have been made in respect of income referred to in subsection (1). Thus, in respect of income covered under section 80-C neither any return of income is envisaged nor any assessment order is to be made by the Assessing Officer. Under the scheme of presumptive tax regime envisaged under section 80, an assessment order has been deemed and, thus, any assessment order made by Assessing Officer is without jurisdiction. (b) Income Tax Ordinance (XXXI of 1979)--- ----Ss.80-C, tit & 143-B---Assessing Officer had levied Workers Welfare Fund while making order under S.62/80-C, Income Tax Ordinance, 1979 on the basis of statements under S.143-B of the Ordinance treating the same as return of income---Such action of Assessiag Officer, held, was illegal and without Jurisdiction---Statement under S. 143-B of the Ordinance would not be treated as return of total income under S.55 of the Ordinance. (c) Income Tax Ordinance (XXXI of 1979)--- ----S.80-C---Workers Welfare Fund Ordinance (XXXVI of 1971), S.4--¬Concept of total income and filing of return having been done away with respect. of income under S.80-C, Income Tax Ordinance, 1979, Assessing Officer acting under Income…

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