Law: Income Tax Ordinance, 1979

Section: 108,108(b),,139,142

(a) Income Tax Ordinance (XXXI of 1979)--- ----Ss. 108 & 5(1)(c)---Penalty---Jurisdiction of Tax Recovery Officer--­Scope---Tax Recovery Officer had proper and lawful jurisdiction to consider imposition of penalties under S.108(b) of the Income Tax Ordinance, 1979. I.T.As. Nos.361 and 362/19 of 1997-98 rel. (b) Income Tax Ordinance (XXXI of 1979)---Ss. 108(b), & 139 to 142---Penalty---Penalty was imposed for non-filing of monthly statements ---Assessee contended that taxable payments having not been made statements on monthly basis were not required to be filed---First Appellate Authority set aside the order of penalty and ordered de novo consideration of the matter---Validity---No serious prejudice had been caused to the Department, as the Tax Recovery Officer or any other officer of competent jurisdiction would have full authority to make de novo decision after proper consideration of factual and legal position of the case and after giving proper opportunity of being heard to the assessee---Provisions of Ss. 139 to 142 of the Income Tax Ordinance, 1979 had been amended through the Finance Act, 1995 and the requirement of filing annual statements in the prescribed form and verified in the prescribed manner ' alongwith the date of 1st September of each year had been dispensed with. (c) Income Tax Ordinance (XXXI of 1979)--- ----S.108(b)---S.R.O. No.1018(1)/98, dated 3-10-1998---S. R. O. No.1050(I)/98, dated 13-10-1998---S. R. O. No.1355(I)/98, dated 2-12-1998---Penalty---No penalty could be imposed under S.108(b) of the, Income Tax Ordinance, 1979 for non-filing of monthly statements before the amendments were made in the Rules through S.R.O.1018(I)/98, dated 3-10-1998 and S.R.0.1050(I)/98, dated 13-10-1998. I.T.A. No.384(IB) of 1999-2000 rel. ORDER The above captioned appeal at the instance of the Department is directed against the order, dated 23-4-1998 passed by the learned CIT(A), Zone-I, Islamabad, in respect of the assessment year 1998-99, whereby penalty amounting to Rs.77,400 imposed under section 108(b; of the Income Tax Ordinance, 1979 (hereafter the Ordinance) has been set aside for de novo consideration after giving proper opportunity to the…

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