Law: Income Tax Ordinance, 2001

Section: 161,205,221

[Income Tax Ordinance (XLIX of 2001)].....Sections 161, 205 & 221---Failure to pay tax collected or deducted---Additional tax---Action under Ss.161/205, Income Tax Ordinance 2001 was taken for recovery of principal amount of default and additional tax in addition to action already taken under Ss.161/205 of the Income Tax Ordinance, 2001 as the amount of default under S.161 of the Income Tax Ordinance, 2001 was not fully charged---Assessee contended that Assessing Officer had already issued an order under Ss.161/205 of the Income Tax Ordinance, 2001---If there was any mistake/deficiency or error in calculation of tax, it could/should have been rectified under S.221 of the Income Tax Ordinance, 2001---Fresh order under Ss.161/205 of the Income Tax Ordinance, 2001 could not be passed as the same was legally void---Validity---If there was any mistake in the first order, the Assessing Officer could/should have rectified it under S.221 of the Income Tax Ordinance, 2001---Passing of fresh order under Ss.161/205 in respect of omitted amount of default was tantamount to fresh independent order---When an assessment was made in respect of income of a taxpayer, any error or omission appearing therein could be rectified under S.221 of the Income Tax Ordinance, 2001---Fresh assessment could not be made in respect thereof because it would be a case of double assessment which was not permissible under the law---Rectification could/should have been made 'under S. 221 of the Income Tax Ordinance, 2001---Order passed by the Assessing Officer under Ss.161/205 of the Income Tax Ordinance, 2001 was illegal which was cancelled by the appellate Tribunal. ORDER ISTATAAT ALI, ACCOUNTANT MEMBER.---This appeal has been filed by the assessee against order dated 26-2-2007 passed by C.I.T.(A), Islamabad. It was found by the Assessing Officer that during tax year 2003 assessee made payments in Japanese Yen Currency to M/s. Taisi Corporation, Japan for execution of contract of construction of Kohat Tunnel Project. These payments were made by applying fixed conversion rate which resulted in excess payment in Pak Rupees without deduction of tax @ 6%. Accordingly action under section 161/205…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492