Law: Income Tax Ordinance, 1979

Section: 80CC,143,13,62,50(5),52&EighthSched.,

(a) Income Tax Ordinance (XXXI of 1979)---Eighth Sched., Part 'I, S. No.9(xi)---Bed linen---Export of---Rate of tax. deduction---Assessment years 1994-95 to 2000-2001---Bed linen was part of Part I and entire Part I was entitled to deduction at the rate of 0.50%--Charge of deduction @ 0.75%, therefore, was not justified. (b) Income 'Tax Ordinance, (XXXI of 1979)-- ---Ss. 80CC, 143, 13, 62, 50(5), 52 & Eighth Sched., Part I, S.No.9(xi)--­Assessment under S.62 of the Income Tax Ordinance, 1979 and rate of withholding tax charged @ 0.75 % on export proceeds were challenged to be unjustified---Validity---Assessee had gone through many rounds of litigation and facts regarding filing of statement under S. 143B or a return under S.55 of the Income Tax Ordinance, 1979 were also .not very clear---Facts showed that for the assessment year 1994-95 assessee had a claim of exemption under the Second Schedule of Income Tax Ordinance, 1979 which was quite confusing---Tribunal found that `bed linen' were chargeable to withholding tax @ 1/2% hence a finding on such issue would only be academic. 1988 PTD (Trib.) 1206 ref. (c) Income Tax Ordinance (XXXI of 1979)--- ---Ss.86, 88, 80CC, 143-B & 50---Additional tax- --Additional tax was charged on excessive tax calculated on the basis of difference between tax deducted and deductable---Validity---Deduction of tax @ l/2% was correct and charge of additional tax could not be maintained---Contention that charge was not consequent and it was to be separately adjudicated as a separate proceeding, academically might be correct but 1/2% deduction was a correct deduction, the additional tax for calculated default of 0.25%o tax could not be maintained and even if there be any default it was not on the part of' assessee---Assessee should not have been penalized-on the default of withholding agent---Charge of additional tax under Ss.86 and 88 of the Income Tax Ordinance was declared to be unjustified by the Tribunal. PTCL 1995 CL 1 (SC of Pakistan) and PTCL 1997 CL 213 ref. (d) Income Tax Ordinance (XXXI of 1979)--- ----S.50---Deduction of tax at source---Custom rebate and Professional tax-- -Withholding tax---Validity---Deduction was…

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