Law: Income Tax Ordinance, 1979

Section: 52,50(4),86

Law: Finance Act, 1998

Section: Preamble

(a) Income Tax Ordinance (XXXI of 1979--Ss.52, 86 & 50(4)---Finance Act (III of 1998), Preamble---Liability of persons failing to deduct or pay tax---Assessee contended that First Appellate Authority had not considered the amendment made in S.50(4) of the Income Tax Ordinance, 1979 through Finance Act, 1998 in which proviso and explanations were added---Said amendment was effective. from assessment year 1999-2000 while the tax had been charged under Ss.52/86 of the Income Tax Ordinance, 1979 for the assessment years 1996-97 and 1997-98---Validity---Appellate Tribunal deleted the tax levied by the Assessing Officer under Ss.52/86 of the Income Tax Ordinance, 1979---Appeal filed by the assessee was accepted by the Appellate Tribunal. 2004 PTD 921 rel. (b) Income Tax Ordinance (XXXI of 1979)--- ----S.50(4), Explanation---Deduction of tax at source---Explanation added to S.50(4) of the Income Tax Ordinance, 1979 by virtue of Finance Act of 1998, could not be applied retrospectively. 2004 PTD 921 rel. ORDER The captioned appeals have been filed at the behest of assessee to assail two separate orders both dated 3-6-2002 relating to the assessment years 1996-97 and 1997-98. The common ground taken by assessee in both the years is that the learned C.I.T.(A) has not considered the amendment made in section 50(4) through Finance Act of 1998 in which proviso and explanations in section 50(4) was added as the A above amendment was effective from assessment year 1999-2000 while the tax has been charged under sections 52/86 for the years 1996-97 and 1997-98. 2. Brief facts giving rise to the present appeals are that the assessee, a private limited company, derives income from textile. The assessee was under legal obligation to deduct tax under section 50(4) of the repealed Income Tax Ordinance, 1979 on payments made during the- years under consideration. Since the tax was not deducted under section 50(4) the Assessing…

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