Law: Income Tax Ordinance, 2001

Section: 148,234A,235,236,122(1),122(3),122(5A),1 22(9),122(A)

[Income Tax Ordinance (XLIX of 2001)].....Sections 234A, 235, 236, 122(1), 122(3), 122(5A), 122(9) & 122(A)...Contract Act (IX of 1872), Ss.10, 14 & 19...C.B.R. Circular No. 7(5) S.Asstt/2008, dated 16-8-2008...CNG Station...Tax years, 2004 to 2006...Adjustment of withholding tax collected or deducted...Section 234A of the Income Tax Ordinance, 2001 was inserted by Finance Act, 2007 to deduct tax at source which was applicable for the tax year, 2008 and onward (b) Income Tax Ordinance (XLIX of 2001) S. 148...Imports...CNG Kits...Fitting of...Manufacturing activity...Held, fitting of kits in vehicle was not manufacturing activity... No adjustment would be given regarding deduction of tax at import stage on kits but would be a final discharge of liability under Presumptive Tax Regime, other tax credit would be allowed. ORDER MUNSIF KHAN MINHAS (JUDICIAL MEMBER).---These are six cross-appeals; three each by the Taxpayer as well as by the Department against the combined order, dated 25-3-2010 passed by the learned CIR(A) for the tax years 2004, 2005 and 2006 on the following grounds: Assessee's Appeals; (1) That the impugned order passed under section 122(1) of the Income Tax Ordinance, 2001 is illegal and liable to be declared null and void because the amended assessment order was passed against the conditions of the agreement executed between all Pakistan CNG Associations and RTO, Rawalpindi, circulated by the F.B.R. (2) That the Taxation Officer RTO, Rawalpindi while finalizing the assessment in individual cases at his own has placed a separate amended agreement on record by adding or changing the conditions of original agreement which was circulated by the F.B.R.. (3) That other RTOs of Pakistan finalized the audit cases of C.N.G. stations as per conditions of the agreement circulated by the F.B.R. by applying tax @ 4% of the value of gas purchased and also by giving due credit of tax already collected or deducted. Copies of following orders are enclosed:-- (a) RTO Sialkot _______________________________________________________________ Messrs Sultan CNG Station NTNo. 0408546 Tax Year 2007 _______________________________________________________________…

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