BR100 Decreased By (-0.4%)
BR30 Decreased By (-0.65%)
KSE100 Decreased By (-0.29%)
KSE30 Decreased By (-0.22%)
AGHA 6.56 Decreased By ▼ -0.11 (-1.65%)
BECO 4.40 Increased By ▲ 0.05 (1.15%)
BML 55.89 Decreased By ▼ -0.28 (-0.5%)
BOP 30.05 Decreased By ▼ -0.07 (-0.23%)
CNERGY 12.75 Decreased By ▼ -0.23 (-1.77%)
CSIL 5.21 Decreased By ▼ -0.10 (-1.88%)
FCCL 51.00 Decreased By ▼ -0.65 (-1.26%)
FFL 14.43 Decreased By ▼ -0.06 (-0.41%)
FNEL 1.22 Increased By ▲ 0.01 (0.83%)
KEL 5.97 Decreased By ▼ -0.09 (-1.49%)
KOSM 5.58 Decreased By ▼ -0.26 (-4.45%)
LOTCHEM 26.15 Decreased By ▼ -0.02 (-0.08%)
MLCF 90.33 Decreased By ▼ -0.90 (-0.99%)
NBP 161.45 Decreased By ▼ -2.74 (-1.67%)
NCPL 52.55 Decreased By ▼ -0.63 (-1.18%)
NPL 57.98 Decreased By ▼ -1.14 (-1.93%)
OGDC 315.40 Increased By ▲ 2.01 (0.64%)
PACE 9.70 Decreased By ▼ -0.07 (-0.72%)
PAEL 34.73 Decreased By ▼ -0.51 (-1.45%)
PIBTL 14.23 Decreased By ▼ -0.48 (-3.26%)
PPL 221.00 Decreased By ▼ -0.36 (-0.16%)
PRL 90.89 Decreased By ▼ -0.33 (-0.36%)
PTC 59.25 Increased By ▲ 0.06 (0.1%)
SSGC 23.39 Increased By ▲ 0.09 (0.39%)
TBL 8.65 Decreased By ▼ -0.10 (-1.14%)
TELE 7.40 Decreased By ▼ -0.21 (-2.76%)
TPL 21.00 Decreased By ▼ -1.03 (-4.68%)
TPLP 12.02 Decreased By ▼ -0.54 (-4.3%)
TREET 21.33 Decreased By ▼ -0.40 (-1.84%)
TRG 54.35 Decreased By ▼ -1.44 (-2.58%)

LAHORE: An Income Tax Tribunal has set-aside the orders of an Officer Inland Revenue (OIR) for not following the directions of Commissioner-IR Appeals against the order-in-original for a fresh proceeding, said sources.

According to the sources, the OIR had issued another show cause notice and extended scope of the original proceedings, which was not tenable in the eyes of law and against the spirit of the Income Tax Ordinance provisions.

As per details, the OIR found a steel products manufacturer in default during proceeding of monitoring of withholding tax and raised a demand worth millions of rupees.

Commissioner-IR termed the order without jurisdiction but the Commissioner Appeals did not follow the direction and preferred to uphold the order by Deputy Commissioner-IR.

The steel manufacturer was of the view that the Commissioner Appeals has erred in not appreciating the facts that the Deputy Commissioner-IR had transgressed jurisdiction by upholding the order-in-original.

He further stressed that transactions mentioned in the disputed order were not subject to withholding tax but the OIR ignored the fact of the case which is apparent from the record.

He further pointed out that flat higher withholding tax rate has been applied, which us nit in consonance with the provisions of the income tax law.

Also, he submitted that the OIR had passed the controversial order on Saturday, which is not working day for the FBR officials. According to him, the Commissioner Appeals was not justified to uphold levy of withholding tax on flat rates by the Deputy Commissioner-IR. He also objected to the imposition of default surcharge.

The tribunal set-aside order passed by authorities below and remanded the case for de novo proceedings in accordance with law.

It further directed the OIR to produce all the corroborative evidence and details in support of his claim and the department, after going through and scanning the details, should finalize the proceedings after providing full opportunity of being heard to the taxpayer.

Copyright Business Recorder, 2024

Comments

Comments are closed for this article.