| Citation(s) |
|---|
| 2006 SLG 250 2006 SLD 250 2006 PTD 2827 |
Income Tax Appellate Tribunal
I.T.A. No.2166/LB of 2004, decision dated: 21st June, 2006
EHSAN-UR-REHMAN, JUDICIAL MEMBER AND NASEER AHMAD, ACCOUNTANT MEMBER
A.D. Ashgar for Appellant. S. Ashraf Ahmad Ali, D.R. for
Respondent
I.T.A. No.2166/LB of 2004, decision dated: 21st June, 2006
EHSAN-UR-REHMAN, JUDICIAL MEMBER AND NASEER AHMAD, ACCOUNTANT MEMBER
A.D. Ashgar for Appellant. S. Ashraf Ahmad Ali, D.R. for
Respondent
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Law: Income Tax Ordinance, 1979
Section: 80D
Income Tax Ordinance (XXXI of 1979)---S. 80D---Minimum tax on income of certain persons---Assessment order---Charge of tax under S.80-D of the Income Tax Ordinance, 1979 only on the basis of I.T. 30 and without any assessment order, was illegal. ORDER The instant appeal has been filed by the assessee against order, dated 17-1-2004 passed by the learned CIT(A), Zone II, Lahore relating to the assessment year 1998-99 to agitate the charge of tax under section 80D to be unjustified. ' 2. The learned AR on behalf of the appellant agitated the action of the First Appellate Authority as per grounds. In further support to appellant's grievances the learned AR referred to reported case of this Tribunal cited as 2003 PTD 622. As per this reported decision a Division Bench of the Tribunal has held:-- "In the explanation to section 80D it is clarified that turnover means the gross receipts, exclusive of trade discount rendering, giving or supplying services of benefits or from execution of contracts. The provisions of section 80D does not exclude the turnover and tax paid under section 80C…
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