| Case ID |
2e69e47c-fad5-4125-9131-8a9f5a6d3e57 |
| Body |
View case body. Login to View |
| Case Number |
I.T.A. No.5339/LB of 1999 |
| Decision Date |
Aug 17, 2000 |
| Hearing Date |
Aug 17, 2000 |
| Decision |
The appeal by Revenue against the CIT(A), Zone-I, Lahore, dated 5-8-1999, challenges the order under section 52 of the Income Tax Ordinance, 1979, which held the assessee in default of section 50(4). The department contended that the assessee was obligated to withhold tax under section 50(4) due to significant purchases amounting to Rs.13,56,100. However, the CIT(A) erroneously determined that these purchases were largely unverifiable and did not exceed Rs.25,000 each, thus absolving the assessee from withholding tax obligations. The assessee argued that the purchases were not in the nature of supplies and were immutable and below the specified threshold, making them ineligible for withholding tax provisions. Upon thorough review, the appellate authority concluded that the relief granted by the First Appellate Authority was justified based on the operative facts. The department failed to substantiate that section 50(4) was applicable in this particular case. Consequently, the departmental appeal is dismissed. |
| Summary |
Not available |
| Court |
Appellate Tribunal Inland Revenue
|
| Entities Involved |
assessee,
Revenue
|
| Judges |
M. MUNIR QURESHI, ACCOUNTANT MEMBER,
KHAWAJA FAROOQ SAEED, JUDICIAL MEMBER
|
| Lawyers |
Shahid Bashir, D.R.,
Mian Muhammad Javaid
|
| Petitioners |
Shahid Bashir, D.R.
|
| Respondents |
Mian Muhammad Javaid
|
| Citations |
2001 SLD 269,
2001 PTD 1484
|
| Other Citations |
Not available
|
| Laws Involved |
Income Tax Ordinance, 1979
|
| Sections |
50,
50(4),
52
|