Case Details

Citation(s)
2010 SLG 42 2010 SLD 42 (2010) 101 TAX 33 2010 PTD 734
Appellate Tribunal Inland Revenue
I.T.As. Nos.70/IB to 74/IB and 148/IB to 152/IB of 2009, decision dated: 29-05-2009
MUNSIF KHAN MINHAS, JUDICIAL MEMBER AND ISTATAAT ALI, ACCOUNTANT MEMBER
Zahid Hussain, A.C.M.A. for Appl. (in I.T.As. Nos.70/IB to 74/IB of 2009). Tariq Iqbal, D.R. for Resp. (in I.T.As. Nos.70/IB to 74/IB of 2009).Tariq Iqbal, D.R. for Appl. (in I.T.As. Nos.148/IB to 152/IB of 2009). Zahid Hussain, A.C.M.A. for Resp. (in I.T

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Law: Income Tax Ordinance, 1979

Section: 62

Income Tax Ordinance (XXXI of 1979)----S.62---Assessment on production of accounts, evidence etc.--Transport business---Receipt from Pakistan and Northern Areas---Proportion of---Re-assessments were finalized by adopting 50% receipts from Pakistan and 50% from Northern Areas---First Appellate Authority directed to adopt receipts equal to 35% on account of transport activities etc,. carried on by the taxpayer in Pakistan and the same ratio should also be adopted for allowing expenses, making add backs etc.---Validity---Exact formula of assessment was calculation on the basis of distance, because receipts were proportionate to distance---Receipts from distance covered in Pakistan were taxable and in the same proportion expenses were to be allowed also---If a vehicle departs from a city/point A and its ultimate destination was point B situated in Northern Areas, the receipts of distance covered in Pakistan were to be computed---Similarly vice versa, if a vehicle starts its journey from Northern Areas and goes to any destination in Pakistan, same formula of receipt from respective distance was to be applied-Orders of both the authorities below were vacated and sent the case back to Assessing Officer for fresh adjudication. THIS ORDER PASSED BY: These ten cross-appeals; five each by the assessee and the Department are contested against the combined Order Nos.226 to 230 dated 16-12-2008 passed by the learned CIT(A-I), Islamabad for the titled years on the following common grounds:- Assessee's Appeals "(i) That the learned CIT(A) was not justified to order assessment on percentage basis, when actual route wise accounts are maintained and acknowledged by CIT(A). (ii) That the learned CIT(A) was not justified to apply percentage of 30% on receipts being Pakistan source for all the years under appeal, as percentage of Pakistan source receipts changes every year. (iii) That the learned CIT(A) has not mentioned in his order how the figure of 30% has been revised at. (iv) That the learned CIT(A) was not justified to allow expenses on percentage basis when route wise expenses are maintained. (v) That the learned CIT(A) was not justified to tax cargo bookings (Transportation…
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