Income Tax Appellate Tribunal
2006
THLN 1160
2006 PTD 903 | (2006) 93 TAX 148
Laws Cited
Income Tax Ordinance, 1979
Sections
50,143B,80C,50(4)&FirstSched.,Part-I,Para.CCC(I)(a)(ii),

VS

Petitioner(s) by: Amir Ali Khan Talpur, D.R. for Appellant.
Respondent(s) by: Mazharul Hasan, A.R. for Respondent
Present: S. HASAN IMAM, JUDICIAL MEMBER AND AGHA KAFEEL BARIK, ACCOUNTANT MEMBER
ORDER

The above cross-appeals, at the instance of both the parties have been filed, being aggrieved and dissatisfied from the order of the learned CIT(A), dated 30-10-2000.2. The assessee has challenged the order of the learned CIT(A) taking following grounds:(i) The learned CIT(A) has erred in holding that in the absence of any contract agreement exceeding Rs.30 million, tax is to be charged as:--(a) Upto the 30 million Receipt/Payment in a financial year @ 5%.(b) When payment exceed 30 million in a financial year @ 6% on the amount exceeding 30 million.(ii) The learned CIT(A) has not followed the law properly and provision of clause E(ii)(a)(i) & (ii) of First Schedule of Income Tax Ordinance, 1979 and case-law submitted per (2002) 86 Tax 262 (Trib.).3. The Department in his appeal has raised the following grounds:-(i) That the learned CIT(A) Hyderabad is not justified in deleting the demand created in the light of para. CCC(I)(a)(ii) of Part-I of 1st Schedule wherein it has been menti...