Law: Income Tax Ordinance, 1979

Section: 62,23,24,24(1),SecondSched,Cl-3,50,50(1) ,129,132,135

(a) Income Tax Ordinance (XXXI of 1979)----Ss.62/132/135 & 129---Assessment on production of accounts, evidence etc.---Assessment order was partly set aside---Demand on the basis of partly confirmed order---Legality---Assessing Officer followed correct procedure by way of issuing an appeal effect order which was based on partly confirmed assessment---Assessing Officer was fully justified to subsequently undertake regular proceedings for adjudication of set aside issues---No infirmity existed in the proceedings conducted by the Assessing Officer for finalization of assessment on issues which were set aside in appeal, it was a legal right of the department to recover the demand from the assessee which was confirmed in appeal---Assessment order was partly confirmed in appeal---Department hats a right to make recovery of tax demand which was payable by the assessee as a result of partly confirmed order---Assessing Officer was legally right to issue the appeal effect order which was accompanied by demand notice---Assessing Officer was duty bound to adjudicate the issues which were partly set aside in appeal. (b) Income Tax Ordinance (XXXI of 1979)--- ----S.50(1)---C.B.R. Circular No.15 of 1997 dated 6-11-1997---Deduction of tax at source---Voluntary Separation Scheme or Golden Handshake Scheme---Non-deduction of withholding tax from payments released on account of Voluntary Separation Scheme in view of decision of High Court in which it was held that withholding lax was not deductible from such payments during the period in which appeals were pending against such decision---Addition---Validity---At the material time when payments were released by the lssessee on account of Voluntary Separation Scheme of High Court was in place which did not allow any deduction of tax---Assessee could not make any deduction on provisional or tentative basis as it was expressly provided in the of High Court that withholding tax was not deductible from payments made under Golden Handshake Scheme---Specific constraint was placed by the High Court on deduction of tax from such payments---Assessee at the time of making such payments had reasonable grounds to follow the decision of…

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