Law: Income Tax Ordinance, 1979

Section: 80,80CC&FirstSched.,C1.CCCC(a)

Income Tax Ordinance (XXXI of 1979)---S.80-CC & First Sched., C1.CCCC(a)--C.B.R. Letter No.F-1. (WHT)/82, dated 1-12-1998---Rate of tax on export of cotton yarn---Tax charged at 1 % was reduced to 0.75 % by the First Appellate Authority--­Validity---Clarification issued by the C.B.R. were not binding on the Tribunal---Clarification will not alter the rate or the view of the Court---Rate of tax applied by the First Appellate Authority was upheld and the appeal of the Department was dismissed by the Tribunal. Writ Petition No. 12504 of 1999 rel. THIS ORDER PASSED BY : MUHAMMAD DAUD KHAN (ACCOUNTANT MEMBER).---This Departmental appeal is directed against CIT(A) order, dated 11-12-1999 on the issue of the rate of tax charged on export of cotton yarn. The Department had charged the tax at 1 % which the CIT(A) reduced to 0.75 % . Mr. Muhammad Umer Farooq, D. R. represented the appellant-Department while Syed Ashraf Ali, C.A. appeared for the respondent-Assessee. Mr. Umer Farooq, assailed the order of CIT(A) and argued that as the Assessing Officer had charged the tax at the rate of 1 % in accordance with C.B.R.'s Clarification vide their Letter No.F-1(WHT)/82, dated 1-12-1998 the CIT(A) was not justified to…

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