BR100 Increased By (1.53%)
BR30 Increased By (1.52%)
KSE100 Increased By (1.37%)
KSE30 Increased By (1.45%)
AGHA 7.90 Increased By ▲ 0.15 (1.94%)
BECO 5.22 Increased By ▲ 0.03 (0.58%)
BML 58.34 Decreased By ▼ -0.32 (-0.55%)
BOP 34.38 Increased By ▲ 0.69 (2.05%)
CNERGY 10.88 Increased By ▲ 0.27 (2.54%)
CSIL 5.32 Increased By ▲ 0.02 (0.38%)
FCCL 54.33 Increased By ▲ 0.59 (1.1%)
FFL 16.84 Increased By ▲ 0.38 (2.31%)
FNEL 1.22 No Change ▼ 0.00 (0%)
KEL 7.44 Increased By ▲ 0.16 (2.2%)
KOSM 5.70 Increased By ▲ 0.06 (1.06%)
LOTCHEM 30.04 Increased By ▲ 0.39 (1.32%)
MLCF 97.38 Increased By ▲ 1.02 (1.06%)
NBP 206.15 Increased By ▲ 2.62 (1.29%)
NCPL 58.21 Increased By ▲ 1.36 (2.39%)
NPL 69.42 Increased By ▲ 2.11 (3.13%)
OGDC 321.90 Increased By ▲ 3.68 (1.16%)
PACE 10.76 Increased By ▲ 0.13 (1.22%)
PAEL 42.55 Increased By ▲ 0.78 (1.87%)
PIBTL 17.20 Increased By ▲ 0.39 (2.32%)
PPL 224.00 Increased By ▲ 3.83 (1.74%)
PRL 52.70 Increased By ▲ 3.65 (7.44%)
PTC 71.00 Increased By ▲ 0.99 (1.41%)
SSGC 29.65 Increased By ▲ 0.51 (1.75%)
TBL 9.78 Increased By ▲ 0.01 (0.1%)
TELE 8.97 Increased By ▲ 0.15 (1.7%)
TPL 17.42 Increased By ▲ 0.25 (1.46%)
TPLP 12.87 Increased By ▲ 0.36 (2.88%)
TREET 22.91 Increased By ▲ 0.32 (1.42%)
TRG 60.50 Increased By ▲ 0.28 (0.46%)

ISLAMABAD: The Appellate Tribunal Inland Revenue (ATIR), Multan Bench, in a landmark judgment, has held that taxpayers are under a statutory obligation to deposit 90 percent of tax chargeable under the advance income tax provisions of Section 147 of the Income Tax Ordinance, 2001, into the national exchequer. Any failure, the Tribunal ruled, attracts liability to pay default surcharge to the Government of Pakistan.

It is reliably learnt that ATIR ordered that the appellant had admittedly failed to discharge ninety percent of its advance tax liability, thus squarely attracting the provisions of section 205(1B).

It clarified that the reliance placed by the taxpayer on section 205(1) (a) was “wholly misconceived,” since that clause merely excludes advance tax from subsection (1), leaving its treatment to special provisions, subsections (1A) and (1B).

Wealth tax: technical error in prescribed form

Dismissing the appeals filed by the taxpayer, the ATIR categorically held that the contentions raised were without merit, misconceived in law, and contrary to binding judicial pronouncements.

Legal experts have termed the decision a significant precedent reinforcing the mandatory nature of advance tax obligations under Section 147 and the strict application of default surcharge provisions under Section 205(1B).

Commenting on the recent developments, tax lawyer Waheed Shahzad Butt told Business Recorder that it is “extreme negligence on the part of FBR team that they are unaware of the unambiguous provision of Section 205(1B) of the Ordinance. The FBR had itself remained involved in state-sponsored moves to recover taxes directly from the bank accounts of taxpayers”.

The show cause notice has rightly been issued under section 205(1B), and the computation of default surcharge stands unchallenged,”.

Upholding the orders of the Assessing Officer, the ATIR confirmed the imposition of default surcharge amounting to Rs. 23,995,342 and Rs. 57,034,823, in toto, ATIR ordered.

Copyright Business Recorder, 2025

Comments

Comments are closed for this article.