Income Tax Appellate Tribunal
2006
THLN 1155
2006 PTD 984
Laws Cited
Income Tax Ordinance, 1979 | Finance Act, 1998
Sections
52,50(4),86 | Preamble

VS

Petitioner(s) by: Khalid Maqbool, I.T.P. for Appellant.
Respondent(s) by: Muzammal Hussain, D.R. for Respondent
Present: EHSAN-UR-REHMAN, JUDICIAL MEMBER AND NASEER AHMAD, ACCOUNTANT MEMBER
ORDER

The captioned appeals have been filed at the behest of assessee to assail two separate orders both dated 3-6-2002 relating to the assessment years 1996-97 and 1997-98. The common ground taken by assessee in both the years is that the learned C.I.T.(A) has not considered the amendment made in section 50(4) through Finance Act of 1998 in which proviso and explanations in section 50(4) was added as the A above amendment was effective from assessment year 1999-2000 while the tax has been charged under sections 52/86 for the years 1996-97 and 1997-98.2. Brief facts giving rise to the present appeals are that the assessee, a private limited company, derives income from textile. The assessee was under legal obligation to deduct tax under section 50(4) of the repealed Income Tax Ordinance, 1979 on payments made during the- years under consideration. Since the tax was not deducted under section 50(4) the Assessing Officer raised demands under sections 52/86 amounting to Rs.6,746,003 and Rs.2,97...