| Case ID |
f90e5bac-66c6-4c94-a8f2-354c78bc1a48 |
| Body |
View case body. Login to View |
| Case Number |
I.T.A. No.124/IB of 2012 |
| Decision Date |
Oct 04, 2012 |
| Hearing Date |
|
| Decision |
The appeal was partially accepted, allowing the taxpayer to receive credits for taxes already deducted under sections 235 and 236 of the Income Tax Ordinance, while also affirming the taxpayer's obligation to pay the difference in tax due based on the assessment of contract receipts. The tribunal clarified that the department is permitted to initiate fresh assessment proceedings if the original assessment is annulled, provided it adheres to legal requirements. The decision emphasized that the taxpayer's rights to tax credits cannot be disregarded, and double taxation should be avoided. The tribunal ultimately directed the taxpayer to deposit the calculated tax difference, ensuring compliance with tax laws and regulations. |
| Summary |
In the case of I.T.A. No.124/IB of 2012, the Appellate Tribunal Inland Revenue addressed significant issues regarding the Income Tax Ordinance, 2001, particularly focusing on sections related to the rectification of assessment mistakes and the tax liabilities of a private limited company engaged in contract execution. The tribunal highlighted the importance of adhering to procedural requirements when the original assessment is annulled. It concluded that the taxpayer was entitled to tax credits for amounts already deducted while confirming their responsibility to pay the outstanding tax difference. This case underscores the necessity for tax authorities to follow legal protocols in rectification processes, ensuring taxpayer rights are protected against potential double taxation. The ruling serves as a crucial reference for understanding the application of tax laws, particularly in contract-related tax assessments. |
| Court |
Appellate Tribunal Inland Revenue
|
| Entities Involved |
Not available
|
| Judges |
MUNSIF KHAN MINHAS,
IKRAMULLAH GHAURI
|
| Lawyers |
Not available
|
| Petitioners |
Not available
|
| Respondents |
Messrs MOINSONS (PVT.) LTD., RAWALPINDI
|
| Citations |
2013 SLD 1178,
2013 PTD 1181
|
| Other Citations |
I.T.As. Nos.432 and 433/IB of 2009 dated 17-10-2009,
Pakistan through the Secretary, Ministry of Finance v. Muhammad Himayatullah Farukhi PLD 1969 SC 407,
Chairman, Selection Committee/Principal, King Edward Medical College Lahore v. Wasif Zamir Ahmed and another 1997 SCMR 15,
Black's Law Dictionary 7th Edition Page 53,
21st Century Dictionary Page 18,
Webster's New World Dictionary page 95,
95 Taxation (Statute at Page 314),
2009 PTD 1,
(1921) 1 KB 64 page 71,
(1965) 55 ITR 741 at page 747
|
| Laws Involved |
Income Tax Ordinance, 2001
|
| Sections |
115(4),
153(1)(c),
153(6),
221,
234A,
235,
236
|