Law: Income Tax Ordinance, 1979

Section: 80CC,50(SA)

Income Tax Ordinance (XXXI of 1979)----Ss. 80 CC & 50(SA)---C.B.R. Circular No. 14 of 1993, dated 19-8-1993--­Tax on certain exporters ---Assessee/exporter cannot be charged to tax under S. 80CC of the Income Tax Ordinance, 1979 once the assessee/exporter establishes that the consignment exported has already been subjected to withholding tax. 75 Tax 223 (Trib.) ref. ORDER SAIYED SAEED ASHHAD, J.---This Income-tax appeal has been filed on behalf of the department wherein the following question of law has been framed for seeking the opinion of this Court. "Whether on the facts and circumstances of the case C.B.R. Circular No. 14 of 1993 is applicable on the export rebates received on the exports made prior to financial year 1991-92. Whether on the facts and circumstances of the case C.B.R. Circular No. 14 of 1993 is applicable on the export receipts, which are not subjected to withholding tax under section 50(5A) and exports not covered under section 80 CC." Mr. Sirajul Haq Memon, learned counsel for the respondent submitted that the question of law framed by the department and reference to this Court for opinion stands decided by Circular No. 14 of 1993, dated 19-8-1993, issued by the Central Board of Revenue. A photocopy of the aforesaid Circular has been produced before us and our attention has been drawn to para. 4 of the Circular. It will be appropriate to reproduce it as under: "Duty drawbacks (i.e. customs rebates compensatory rebate, export exchange difference, etc.) in respect of export already subjected to withholding tax under section 50(5A) shall not be considered as additional receipts. The amount…

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