Law: Income Tax Ordinance, 1979

Section: 52,86

(a) Income Tax Ordinance (XXXI of 1979)---S. 52---Liability of persons failing to deduct or pay tax---Assessee in default---Limitation---Issuance of notice after period of four years---Validity---Notice issued after the period of four years regarding the action taken under S.52 of the Income Tax Ordinance, 1979 was illegal---Appeals filed by the Department for the two years were dismissed as a single notice for all the four years had been sent by the Assessing Officer after the period of four years. (2003) 87 Tax 89 (Trib.) rel. (b) Income Tax Ordinance (XXXI of 1979)--- ----Ss. 52 & 86---S.R.O. No. 368(1)/94, dated 7-5-1994---Liability of persons failing to deduct or pay tax-4 -Assessee in default---First Appellate Authority cancelled order made under S.52 of the Income Tax Ordinance, 1979 for the two years by holding that the notice sent in this regard was out of time, but on the same out of time notice it upheld the order for the next two years while the paid-up capital of the company/assessee was also below Rs.1.5 million and the assessee/company was not liable to deduct tax under S.50(4) of the Income Tax Ordinance, 1979 on this score also---Validity---Capital of the assessee company was below Rs.1.5-million for the four years---Where the capital of the company was below Rs.1.5 million, the company would not be liable to deduct tax---Assessee company had erroneously been declared as assessee in default for both the years and order passed by the Taxation Officer was without lawful jurisdiction---Order of First Appellate Authority was vacated and orders passed under sections Ss.52/86 of the Income Tax Ordinance, 1979 by the Assessing Officer for all the four years were cancelled--Two appeals filed by the Department were dismissed, while the two appeals filed by the assessee were allowed. I.T.As. Nos. 2666 to 2670, dated 10-3-2003 ref. 2002 PTD 1523 and 2001 PTD 1480 rel. ORDER The consolidated impugned order of the learned CIT(A), dated 5-5-2004 for the assessment years 1996-97 to 1999-2000 has been objected for the two years i.e. 1996-97 and 1997-98 by the Department on the ground that there was no justification to cancel the assessment made under…

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