Law: Income Tax Ordinance, 1979

Section: FirstSched.,PartI,para.(A),proviso(f)Par tIV,para.2(13),(2B)66A,969(4)

(a) Income Tax Ordinance (XXXI of 1979)---First Sched., Part I, para. (A), proviso (f) & Part IV, para. 2(13)--Rebate ---Exemption---Para. (2B) of Part, I of First Sched. of the Income tax Ordinance, 1979 exempted payment of super-tax by ,a registered firm of professionals---Exemption implied that although .the levy of super-tax in the hands of registered firm of professionals was chargeable but the same was not payable---Although super-tax may not be actually paid by the registered firm but it would be taken into account for the purposes of proviso (f) of para. A of Part I, the First Sched, of the Income Tax Ordinance, 1979---Fact that under para. (2B), Part IV of the First Sched. of the- Income Tax Ordinance, 1979 super ¬tax was "payable" and not "chargeable" could be appreciated from the fact that said para. used the term "payable" and not "chargeable". (b) Income-tax--- ----"Chargeability is a component completely different from "payability" or "collectibility" in a taxing statute. Kohinoor -Textile v. Federation of Pakistan 2002 PTD 121 rel. (c) Tax Ordinance (XXXI of 1979)--- ----First Sched., Part IV, para. (2B)---Super-talc---Super tax in the hands of a firm of professionals was "chargeable" but not "payable" in view of para. (2B) of Part IV of the First Schcd. of the Income Tax Ordinance, 1979. Al-Samrez v. Federation of Pakistan 1986 SCIVIR 1917 and Ittefaq Foundry v. Federation of Pakistan PLD 1990 Lah. 121 rel. (d) Income Tax Ordinance (XXXI of 1979)----- ----First Sched., Part IV, para. (2B) & Part I, para. (A), proviso (f)--¬Super tax on registered firm of professionals---Proper construction of para. (2B) of Part IV of First Schedule of income Tax Ordinance, 1979 would be that super tax although "chargeable" but the same was not "payable" in the case of registered firms of professionals. A.V. Fernandez v. State of Kerala AIR 1957 SC 657 = (1957) 8 STC 561 (SC) and Ahmed Khan v. CTO (1986) 63 STC 104 (Cal.) rel. (e) Income Tax Ordinance (XXXI of 1979)----- ----First Sched., Part 1, para. A, proviso (f), Part II, para. (C), Part IV, para. (2B) & S. 66-A---Benefit of proviso (f) of para. A of Part I of the First Sched. to the Income Tax…

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