Law: Income Tax Ordinance, 1979

Section: 12,12(3)(6),17,50(2)

Income Tax Ordinance (XXXI of 1979)---S. 12(3)(6), 17 & 50(2)---Public Debt (Central Government) Act (XVIII of 1994), S.2---Regular Income Certificate Rules, 1993, R.9-­C.B.R. Letter No: SMO 1(8) WHT/94, dated 27-2-1995---C.B.R. Letter C.No.1 (8)/WHT/94, dated 27-2-1995---C.B.R. Letter. C. No.4(7)/ Insp/2000, dated 12-2-2000---Establishment of Office of Federal Tax Ombudsman Ordinance (XXXV of 2000), S.9---Income deemed to accrue or arise in Pakistan---Interest on securities--- Deduction of withholding tax on profits of various Schemes of National Savings Centre from account holders of Tribal Areas . of Pakistan--­Validity---Term "income deemed to accrue or arise in Pakistan" had been defined in S.12 of the Income Tax Ordinance, 1979 and according to that definition any income accruing or arising, whether directly or indirectly; through or from (a) any business connection in Pakistan, (b) any assets, property or source of income in Pakistan, shall be deemed to accrue in Pakistan---Section 12(3) of the Income Tax Ordinance, 1979, further provides that any income by way of interest except those specified therein payable by "a person. who was a resident, shall be deemed to accrue or arise in Pakistan---Question was whether Government having paid the interest, could be treated as a person resident in Pakistan---Such aspect had been taken care of by, S.12(6) of the Income Tax Ordinance, 1979 which expressly states that this term includes Government--Cumulative effect of such provisions was that the interest paid by the Government on certificates issued by or under the National Savings Scheme shall be deemed to accrue or arise to a resident in Pakistan whether interest was paid in the Tribal Area or outside Pakistan---Same treatment will be given to a non-resident as he was a recipient of income accruing or arising from an asset or source of income in Pakistan---Fact that the Income Tax Ordinance, 1979 was not applicable to Tribal Areas did not affect the chargeability as by fiction of law such income was deemed to accrue in Pakistan which would mean an area where Income Tax Ordinance, 1979 was applicable---Total income of every person, including payment of…

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