| Case ID |
1ba7687c-8b02-4982-a56a-8c3d5d567415 |
| Body |
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| Case Number |
I.T.A. No. 514/KB of 2012 |
| Decision Date |
Sep 26, 2016 |
| Hearing Date |
Aug 16, 2016 |
| Decision |
The Appellate Tribunal Inland Revenue upheld the decision of the Commissioner Inland Revenue (Appeals) which stated that the Workers Welfare Fund should be charged on declared income as per the return, not on amended income. The Tribunal found that the Taxation Officer had erroneously charged the fund based on amended income instead of the declared income. Therefore, the appeal by the department was dismissed, affirming the correctness of the CIR(A)'s order. |
| Summary |
This case revolves around the interpretation of the Workers Welfare Fund Ordinance and its application to the declared income versus amended income of the industrial establishment. The Appellate Tribunal Inland Revenue examined the arguments presented by both the department and the taxpayer regarding the proper calculation of the Workers Welfare Fund. The Tribunal concluded that the law mandates the fund to be based on declared income, thereby dismissing the department's appeal. This decision is significant as it clarifies the obligations of industrial establishments concerning the Workers Welfare Fund, ensuring that funds are assessed fairly based on the actual declared income rather than any amendments made post-filing. Such clarity is crucial for compliance and understanding of tax obligations by businesses. The ruling serves as a precedent for similar cases in the future, emphasizing adherence to the law as it stands. Keywords: Workers Welfare Fund, Income Tax Ordinance, taxation, legal compliance, declared income. |
| Court |
Appellate Tribunal Inland Revenue
|
| Entities Involved |
COMMISSIONER INLAND REVENUE,
OCCIDENTAL OIL AND GAS PAKISTAN LTD.
|
| Judges |
MRS. AMBREEN ASLAM,
SIKANDAR ASLAM
|
| Lawyers |
Zafar Rafique, DR, LTU for Appellant,
Qadeer Ahmed FCA for Respondent
|
| Petitioners |
COMMISSIONER INLAND REVENUE, Zone-IV
|
| Respondents |
OCCIDENTAL OIL AND GAS PAKISTAN LTD., KARACHI
|
| Citations |
2018 SLD 1500,
2018 PTD 1199
|
| Other Citations |
Not available
|
| Laws Involved |
Income Tax Ordinance, 2001,
Workers Welfare Fund Ordinance, 1971
|
| Sections |
60A,
114,
122(1),
2,
2(1),
4
|