Law: Income Tax Ordinance, 1979

Section: 50(4A),66A,80C,59(1),62&SecondSched.,Par tIV,Cl.(9)

(a) Income Tax Ordinance (XXXI of 1979)].....S. 50(4A) Deduction of tax at source Provision of S.50(4 A) of the Income Tax Ordinance, 1979 shall be applicable to every sale made to the agencies noted therein unless and until specifically exempted from deduction of tax. (b) Income Tax Ordinance (XXXI of 1979) Ss. 66A, 80C, 59(1), 62 & Second Sched., Part IV, Cl. (9) -S.R,O. 828(I)91, Cl. (37A) S.R.O. 30(I)/99, dated 14 1 1999 C. B. R. Letter C. No.3(7)SS(WHT)/98 99, dated 10 6 1999 Powers of Inspecting Additional Commissioner to revise Deputy Commissioner's order Exemption from specific provisions Manufacturer Deduction of tax on receipts from exporters Assessment under Self Assessment Scheme and normal law Cancellation of such assessments on the ground that deduction of tax at source on such receipt was not assessable under normal law but were liable to tax under S.80 C of the Income Tax Ordinance, 1979 as assessee did not fall within the purview of Cl. (9) of Part IV of Second Sched. of the Income Tax Ordinance, 1979 Assessee contended that payments on which tax was deducted were received from exporters who were not liable to withhold tax had wrongly/unlawfully deducted tax and such deduction of tax would not render those receipts liable under S.80 C of the Income Tax Ordinance, 1979 Validity -provision of S.66 A of the Income Tax Ordinance, 1979 were not invoked properly and order of the Inspecting Additional Commissioner was without lawful jurisdiction and the same was cancelled by the Tribunal and consequently order of the Assessing Officer stood restored. 2001 PTD (Trib.) 3810; Union Bank Limited v Federation of Pakistan 1998 PTD 2114; Ravi Spinning Limited v. ACIT/WT. 1998 PTD 3947; Central Insurance Co. and others v. C.B.R. 1993 PTD 766 = 1993 SCMR 1232 and C.B.R. and others v. Sh. Spinning Mills Ltd. 1999 SCMR 1442 = 1999 PTD 2174 ref. ORDER MAZHAR FAROOQ SHIRAZI (ACCOUNTANT MEMBER), These four appeals are directed against the order of the Inspecting Additional Commissioner passed under section 66 A of the Income Tax Ordinance, 1979. 2. Facts leading to these appeals are that assessment for all the assessment years stood completed by the Assessing…

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