| Citation(s) |
|---|
| 2002 SLG 425 2002 SLD 425 2002 PTD 2821 |
Federal Tax Ombudsman
Complaint No. 392 of 2002, decision dated: 13-07-2002
, JUSTICE (RETD.) SALEEM AKHTAR, FEDERAL TAX OMBUDSMAN
Mian Masood Ishaque, Advocate and Nasir Khurshid, ITP for the Complainant. Ahsan Raza, ACIT for
Respondent
Complaint No. 392 of 2002, decision dated: 13-07-2002
, JUSTICE (RETD.) SALEEM AKHTAR, FEDERAL TAX OMBUDSMAN
Mian Masood Ishaque, Advocate and Nasir Khurshid, ITP for the Complainant. Ahsan Raza, ACIT for
Respondent
SOFIA NAVEED
VS
SECRETARY, REVENUE DIVISION, ISLAMABAD
Law: Income Tax Ordinance, 1979
Section: 59,50.59(1)(3)(4),11(20(b),143B
Law: Federal Tax Ombudsman Ordinance, 2000
Section: 9(2)(b),9
(a) Income Tax Ordinance (XXXI of 1979)----S.59---Establishment of Office of, Federal Tax Ombudsman Ordinance (XXXV of 2000), S.9(2)(b)---Jurisdiction---Self-Assessment Scheme--Exclusion of case from, Self-Assessment Scheme---Determination of validity of such exclusion---Matter squarely fell within the competence of the Federal Tax Ombudsman to determine whether a case had been rightly excluded from the Self-Assessment Scheme. (b) Income-tax--- ----Principle place of business ---Assessee cannot have one principal place of business for one type of tax and another principal place for a different tax. (c) Income Tax Ordinance (XXXI of 1979)--- ----S.59---Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), S.9---Self assessment ---CBR Circular No.21 of 2000, dated 11-9-2000, para. 6 (Self-Assessment Scheme 2000-2001)--Balloting of returns qualifying for Self-Assessment Scheme---Returns filed under Self-Assessment Scheme were to be selected for audit through computer balloting which meant that only those returns were to be included in the computer ballot which qualified under Self-Assessment Scheme. (d) Income Tax Ordinance (XXXXI of 1979)--- ----S.59---Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), S.9---Self assessment ---CBR Circular No.21 of 2000, dated 11-9-2000, para. 6 (Self-Assessment Scheme 2000-2001--Acceptance of return under Self- Assessment---Limitation---Provision of S.59(4) of the Income Tax Ordinance, 1979 had .though been omitted for the assessment year 2000-2001 but it would not be reasonable to assume that the question of acceptance of a return under the Self-Assessment Scheme could be kept open indefinitely particularly when subsection (4) was reinserted through Finance Ordinance, 2001. (e) Income Tax Ordinance (XXXI of 1979)--- ----S.50---Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), S.9---Self-Assessment---CBR Circular No.21 of 2000, dated 11-9-2000 (Self-Assessment Scheme 2000-2001)---Prorating of expenses---Adjustment of---Within the frame work of Self-Assessment Scheme there was room for making the relevant adjustment on account of prorating of expenses…
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