Law: Income Tax Ordinance, 1979

Section: 80A(1A)

(a) Income Tax Ordinance (XXXI of 1979)-----S.80-A---Air transport business of non-residents---"Principal"--¬Connotation---Person receiving amount for carriage of passengers, livestock, mail or goods from any place in Pakistan for being carried on by the aircrafts of which he is not owner or charterer shall not be deemed a principal. (b) Income Tax Ordinance (XXXI of 1979)----S.80-A(1-A)---Air transport business of non-residents---"Receipts" Definition of---Amount shown in Form F.P. for submission to State Bank of Pakistan was not to be taken as receipts defined in subsection (1-A) of S.80-A of the Income Tax Ordinance, 1979 for the purpose of treating the same as deemed income under subsection (1) of S.80-A. (c) Income Tax Ordinance (XXXI of 1979)-----S.80-A(1-A)---Circular No.26 of 1980, dated 12-10-1980---Air Transport business of non-residents ---Assessee a non-resident running business of an air line---Assessee was an OFF LINE airline---Net receipts were declared by the assessee after deducting the amounts paid to various other link carrying airlines on account of transportation charges for carriage of passengers, livestock, mail or goods in their aircrafts from the airports in Pakistan to the air ports outside Pakistan under multi-lateral agreement with International Air Traffic Agency (IATA)---Assessing Officer charged tax on gross receipts as declared in F.P. Form/Statement submitted to the State Bank of Pakistan---First Appellate Authority confirmed the order of the Assessing Officer---Validity---Appeal was allowed by the Appellate Tribunal on the ground that the assessee was required to pay tax on its actual share received on account of carriage of passengers, livestock, mail or goods out of the total receipts and remaining amount paid to the carrying airlines on account of transportation charges for carriage of passengers, livestock, mail or goods by the assessee was to be subjected to tax in the hands of carrying airlines in accordance with law. ORDER MUHAMMAD MUJIBULLAH SIDDIQUI (CHAIRMAN). ---This appeal is directed against the order, dated 29-4-1998 by the learned CIT(A) Zone-V, Karachi in ITA No. 165/V relating to the assessment year 1997-98. 2.…

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