INCOME TAX APPELLATE TRIBUNAL
2002
THLN 703
2002 PTD 1021 | (2002) 85 TAX 191
Laws Cited
Income Tax Ordinance, 1979
Sections
53,53(4)

VS

Petitioner(s) by: Faisal Abdul Sattar, A.C.A. for Appellant.
Respondent(s) by: Fahimul Haque, D.R. for Respondent
Present: S. HASAN IMAM, JUDICIAL MEMBER AND SHAHEEN IQBAL, ACCOUNTANT MEMBER
ORDER

S. HASAN IMAM (JUDICIAL MEMBER).- By this order, we would like to decide an appeal of the assessee preferred from the order of the learned CIT(A) who was pleased to maintain the action of the DCIT in not allowing compensation on advance tax under section 53(4) of the Income Tax Ordinance, 1979, amounting to Rs.12,945.2. Facts in brief are that compensation at 6 % per year was allowed on payment of advance tax as per provisions of section 53, which was omitted by the Finance Act of 1995, C.B.R. Circular No.4 of 1995, reveals that advance tax payments made during financial year 1995-96 will not be entitled to any compensation and these will be amounted far like the withholding taxes. It is argued that assessee is entitled for compensation as matter pertains to income year 1994-95. Before making further discussion, it would be proper to refer the extract from C.B.R. Circular. N0.4 of 1995, dated July 9, 1995:---"Compensation @ 6 % per year is allowed on payment of advance tax. No such com...