Law: Income Tax Ordinance, 1979

Section: 59,59C

(a) Income Tax Ordinance (XXXI of 1979)-----S.59-C---C.B.R. Circular No.16 of 1993, dated 23-8-1993---C.B.R. Circular No.8 of 1994, dated 11-7-1994---Assessment years 1993-94 and 1994-95---Fixed Tax Scheme---Conditions for eligibility. Part 1 of the Scheme has laid down three conditionalities for eligibility of the case under the Scheme of fixed tax. Firstly, status of the taxpayer should be individual, A.O.P., H.U.P. and U.R.F. Secondly, he must conduct business or profession at a fixed or a temporary place of pucca shop. Thirdly, the area in which business or profession is being carried on should fall in any city of Pakistan including Metropolitan, Municipal Corporations, Committees. Cantonment Board, Federal Territory of Islamabad, Town Committees and villages. There is also one more condition, the fourth one which is enumerated in para. 6(a) of the Scheme. It has been provided therein that business capital of the taxpayer as on 30th June, 1993 and 30th June, 1994 should be less than Rs.1,00,000 and their income in the immediately preceding assessment year 1992-93 should not exceed Rs.36,000 or Rs.33,000 depending upon the tax paid in pursuance of paragraph 3 of the Scheme. Para. 1 of the Scheme has provided three exceptions whereby the case of any taxpayer falling in any of the three exceptions mentioned in sub­paras. (a) to (c) of para. 1 shall not be eligible for the Scheme of fixed tax. It has nowhere been provided in the Scheme that "successor-in-business" shall be treated as an "existing assessee" and he shall not be eligible for the Scheme of fixed tax, such meanings in no way can be deduced from any para. of the Scheme. The "successor-in-business" is also eligible for the Scheme of fixed tax if his case is otherwise not hit by any infirmity laid down in the Scheme. (b) Income Tax Ordinance (XXXI of 1979)----S.59-C---C.B.R. Circular No-16 of 1993, dated 23-8-1993, para. 1(c)--­C.B.R. Circular No.8 of 1994, dated 11-7-1994, para.. 1(c)---Fixed tax--­Successor-in-business is also entitled to avail Fixed Tax Scheme --­Assessee availed the facility of Fixed Tax Scheme as a "new tax payer" but his case was excluded from the ambit of the Fixed Tax Scheme by…

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