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For business information, annual reports, laws, ordinances, regulations and articles. |
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CHAPTER XIV
MISCELLANEOUS
Contd 1 of 2
139. Statement regarding
salary.- Every person responsible for paying any income chargeable under the
head 'Salary' shall, [--], furnish to the Deputy
Commissioner or any other officer authorised in this behalf by the Central Board of
Revenue, a statement [--] in the prescribed manner, showing-
(a) the name and address of every person who has been paid, or to whom was due, during the
period for which each statement is being furnished, any income
chargeable under the head 'Salary', exceeding such amount as may be prescribed;
(b) the amount so paid, or due to such person;
(c) the amount of tax deducted from the income of such person; and
(d) such other particulars as may be prescribed.
140. Statement regarding dividends. – The
principal officer of every domestic company shall, [--], furnish to
the Deputy Commissioner or any other officer authorised in
this behalf by the Central Board of Revenue, a statement, [--] in the
prescribed manner, showing-
(a) the name and address (as entered in the registered of share-holders maintained by the
company) of every shareholder to whom bonus shares or
bonus or a dividend or aggregate dividends exceeding such amount as may be prescribed
in this behalf has or have been distributed during the the period for
which each statement is being furnished;
(b) the total amount of bonus shares or bonus or
dividend or dividends so distributed to such shareholder; and
(c) such other particulars as may be prescribed.
141. Statement regarding interest, profit, rent, etc.- Every person responsible for
paying any interest (including interest on securities), profit in respect of a profit and loss sharing account
or deposit with a banking company, broker-age, commission, rent, or professional fee
(exceeding such amount as may be prescribed) on behalf of Government, a local authority, company, a foreign contractor consultant or consortium shall [--], furnish to the Deputy Commissioner
or any other officer authorised in this behalf by the Central Board Of Revenue, a
statement [--] in the prescribed manner, showing-
(a) the name and address of every person to whom such interest, profit, brokerage, commission, rent or professional
fee, was paid during the the period for which each statement is being
furnished;
(b) the total amount of such interest, profit,
brokerage, commission, rent or professional fee was paid to such person;
(c) the date on which such payment was made; and
(d) such Other particulars as may be prescribed-
Explanation. - As used in this section, -
[--]
(2) "professional fee" includes fee paid for services performed by a doctor,
architect, lawyer, Chartered Accountant or a Management and Cost Accountant, and such
other person as may be prescribed.
142. Statement regarding payments to non-residents and contractors.-
Every person responsible for paying to any person any sum to which sub-section (3) , sub-section (3A) or sub-section (4) of section 50 applies shall, [--], furnish to the Deputy Commissioner
or any other officer authorised in this behalf by the Central Board of Revenue, a
statement [--] in the prescribed manner showing-
(a) the name and address of every person to whom any such sum was paid during the the period for which each statement is being furnished;
(b) the amount so paid;
(c) the amount of tax deducted; and
(d) such other particulars as may be prescribed.
143. Statements regarding certain payments. - Every
person responsible to deduct or collect advance tax under sub-sections (2B), (5A), (6),
(7C) ,(7E) or (7F) of section 50 shall, [--],
furnish to tile Deputy Commissioner or any other officer authorized in this behalf by the
Central Board of Revenue, a statement showing particulars [--]
in the prescribed manner.
143A. Statement regarding certain properties.- (1)
Every Registering Officer, Revenue Officer or other officer appointed to register any
documents relating to property, other than agricultural land, under the Registration Act,
1908 (XVI of 1908), shall, on or before the first day of September in each year, furnish
to the Deputy Commissioner or any other officer authorised
in this behalf by the Central Board of Revenue, a statement regarding the properties the
value of which is not less than fifty thousand rupees, registered with him during the
preceding financial year, in the prescribed form and verified in the prescribed manner,
showing-
(a) the names and addresses of the buyer and the seller;
(b) the registered value of the property;
(c) the address of the property;
(d) the date of registration; and
(e) such other particulars as may be prescribed.
(2) Every person responsible for the assessment of capital gains tax arising from the
sale, exchange or transfer of immovable property situated within the urban areas specified
by the Government under the West Pakistan Urban Immovable Property Tax Act, 1958 (West
Pakistan Act No. V of 1958), shall, on or before the first day of September in each year,
furnish to the Deputy Commissioner or any other officer
authorised in this behalf by the Central Board of Revenue, a statement regarding the
properties assessed to capital gains tax by him during the preceding financial year in the
prescribed form and verified in the prescribed manner, showing-
(a) the names and addresses of the buyer and the seller;
(b) the assessed value of the property;
(c) the address of the property;
(d) the date of assessment; and
(e) such other particulars as may be prescribed.
(3) Every person responsible to collect advance tax under sub-section
(7A) or sub-section (7BB) of section 50 shall, on or before the first day of September in
each year, furnish to the Deputy Commissioner or any other officer authorized in this
behalf by the Central Board of Revenue, a statement in the prescribed form and verified in
the prescribed manner.]
143B. Statement
regarding certain assessees- Every person whose income is chargeable under
section 80B , section 80C ,section 80 CC or section
80CD shall, on or before the thirtieth day of September in each year, furnish to the Deputy Commissioner, or any other officer authorised in this
behalf by the Central Board of Revenue, a statement showing such particulars relating to
his income for the preceding financial year, and in such form, and verified in such
manner, as may be prescribed.
143C. Displaying of National Tax Number Certificate.-
(1) All assessees having income from business or profession shall display their National
Tax Number certificate at some conspicuous place of their business premises.
(2) Where any person has, without reasonable cause, failed to comply with the provisions
of sub-section (1), the Deputy Commissioner may, with the prior approval of Commissioner
impose a fine which may not exceed two thousand rupees.
(3) No action under sub-section (2) shall be taken unless the assessee has been given a
reasonable opportunity of being heard.
143D. Obtaining of National Tax
Number Card.- (1) All assessees shall obtain National Tax Number Card on
payment of a prescribed fee.
(2) Where any person has, without reasonable cause, failed to comply with the provisions
of sub-section (1), the Deputy Commissioner may, with the prior approval of the
Commissioner, impose a free not exceeding two thousand rupees.
(3) No action under sub-section (2) shall be taken unless the assessee has been given a
reasonable opportunity of being heard.]
143E Liability of tax withholding agents to be registered.--
(1) Every person responsible to deduct or collect tax under this Ordinance shall get
himself registered in the manner as may be prescribed;
(2) Where any person without reasonable cause, fails to get himself registered under
sub-section (1), the Deputy Commissioner may impose upon such person a penalty not
exceeding two thousand rupees:
Provided that no such penalty shall be imposed unless such person has been given a
reasonable opportunity of being heard;
144. Power to call for information.- The Deputy Commissioner,
the Inspecting Additional Commissioner, the Commissioner, or any other officer
authorised in this behalf by the Commissioner or the Central Board of Revenue, may, by
notice in writing, require-
(a) any assessee to furnish within such time as may be specified in such notice a
statement showing the names and addresses of all persons to whom he has paid in any income
year rent, interest, commission, fee, royalty or brokerage, or any
annuity amounting to not less than four hundred rupees together with particulars of all
such payments or remuneration in the nature of valuable consideration,
under whatever nomenclature;
(b) any dealer, broker or agent or any person concerned in the management of a Stock or
Commodity Exchange to furnish, within such time as may be specified in such notice, a
statement showing the names and addresses of all persons to or from whom he, or the
Exchange, has paid or received in any income year any sum amounting to not less than five
thousand rupees in the aggregate, in connection with the transfer of assets, together with
particulars of all such payments and receipts;
(c) any person, including a banking company, to furnish such information or such statement
or accounts as may be specified in such notice:
Provided that no such notice shall be issued to any banking company as respects any
client, except with the prior approval of the Commissioner in the case of Deputy Commissioner, or the Central Board of Revenue or any
other income-tax authority authorised by it in this behalf in the case of the other
officer.
145. Power of survey.- Notwithstanding anything
contained in any other provision of this Ordinance and subject to such directions as may,
from time to time, be issued by the Central Board of Revenue in this behalf, the
Inspecting Additional Commissioner, the Deputy
Commissioner or an Inspector of Income Tax may enter any premises within the area
assigned to him for the purpose of making a survey of persons liable to tax under this
Ordinance and-
(a) inspect any accounts or documents;
(b) stamp such accounts and documents;
(c) take extracts from such accounts and documents; and
(d) make such enquiries as may be necessary.
146. Power to enter and search business premises.- *
The Inspecting Additional Commissioner or the Deputy Commissioner or any other officer authorised in this
behalf by the Central Board of Revenue or if so authorised in writing by the Inspecting Additional Commissioner or the Deputy
Commissioner to whom he is subordinate, an Inspector of Income Tax may, for the
purpose of making any inquiry, enter the premises in which a person carries-on, or is
believed to carry on, his business or profession, and may- [* The
apparently intended "(1)" is missing in the Gazette.]
(a) search such premises and inspect any accounts or documents;
(b) stamp such accounts or documents or take extracts or copies thereof;
(c) impound such accounts or documents and retain them for so long as may be necessary for
examination thereof or for the purposes of prosecution; and
(d) make any inventory of any articles found in such premises.
(2) The Director-General of Investigation and Intelligence,
the Commissioner and the Inspecting Additional Commissioner may make
any enquiry which they consider necessary as respects any person liable or believed to be
liable to assessment under this Ordinance or require any such person to produce or cause
to be produced any accounts or documents which they consider necessary, and shall have the
same powers for the purpose of making any such enquiry of requiring the production of
accounts or documents under this Ordinance as the Deputy
Commissioner has.
(3) Notwithstanding anything contained in this Ordinance, the Deputy
Commissioner may, with the prior approval of the Commissioner, authorise any valuer to
enter any place and inspect such accounts and documents as may be necessary to enable him
to make a valuation of any asset for the purposes of section 67.
147. Assistance to income tax authorities.- All
officers of Customs, Central Excise, Provincial Excise and Taxation, Police and the Civil
Armed Forces are hereby empowered and required to assist income tax authorities in the
discharge of their functions under this Ordinance.
148. Power to take evidence on oath, etc.- (1) The Deputy Commissioner, the Inspecting Additional Commissioner, the Appellate Additional
Commissioner, the Commissioner and any other officer under the administrative control
of the Central Board of Revenue authorised by it in this behalf, and the Appellate
Tribunal shall, for the purposes of this Ordinance, have the same powers as are vested in
a Court under the Code of Civil Procedure, 1908 (V of 1908), when trying a suit in respect
of the following matters, namely:-
(a) enforcing the attendance of any person and examining him on oath or affirmation;
(b) compelling the production of any accounts or documents;
(c) receiving evidence on affidavit; and
(d) issuing commissions for the examination of witnesses.
(2) Where a person to whom a summons is issued under sub-section (1) either to attend to
give evidence or to produce accounts or documents at the place and time specified in such
summons fails to do so without any reasonable cause, the authority issuing Such summons
may, without prejudice to the provisions of any other law for the time being in force,
imposed upon him such fine not exceeding one thousand rupees as it thinks fit, and the
fine so imposed may be recovered in the manner provided in Chapter
IX.
(3) The provisions of sub-section (3) of section 111 shall mutatis mutandis apply in the
case of an order made under sub-section (2) by any authority (other than the Deputy Commissioner) as they apply to an order made under
sub-section (1) of the said section 111.
149. Power to impound and retain books of accounts, etc.- Any
authority referred to in sub-section (1) of section 148 may impound and retain in its
custody for such period as it thinks fit any books of accounts or other documents produced
before it in any proceeding under this Ordinance.
150. Disclosure of information by a public servant.- (1)
All particulars contained in-
(a) any statement made, return furnished or accounts or documents produced under the
provisions of this Ordinance; or
(b) any evidence given, or affidavit or deposition made, in the course of any proceedings
under this Ordinance other than proceedings under Chapter XII;
or
(c) any record of any assessment proceedings or any proceeding relating to the recovery of
a demand, shall be treated as confidential, and no public servant shall, save as provided
in this Ordinance, shall disclose any such particulars.
(2) Notwithstanding anything contained in the Evidence Act, 1872 (I of 1872), or any other
law for the time being in force, no court or other authority shall, save as provided in
this Ordinance, be entitled to require any public servant to produce before it any return,
accounts or documents contained in, or forming a part of, the records relating to any
proceeding under this Ordinance, or any records of the Income Tax Department generally, or
any part thereof, or to give evidence before it in respect thereof.
(3) Nothing contained in sub-section (1) shall apply to the disclosure-
(a) of any such particulars to any person acting in the execution of this Ordinance, where
it is necessary to disclose the same to him for the purposes of this Ordinance; or
(aa) of any such particulars to any person authorised by the Central
Board of Revenue in this behalf, where it is necessary to disclose the same to him for the
purposes of processing of data and preparation of computer print-outs relating to returns
of income or calculation of tax; or
(b) of any such particulars, where the disclosure is occasioned by the lawful employment
under this Ordinance of any process for the service of any notice or the recovery of any
demand; or
(c) of any such particulars to the Auditor General of Pakistan for the purpose of enabling
him to discharge his functions under the Constitution; or
(d) of any such particulars to any officer appointed by the Auditor General of Pakistan or
the Central Board of Revenue to audit income tax receipts or refunds; or
(e) of such facts to an officer of a Provincial Government or the Federal Government
authorised by such Government in this behalf as may be necessary for the purpose of
enabling that Government to levy or realise any tax imposed by it; or
(f) of such facts to any authority exercising powers under the Central Excises and Salt
Act, 1944 (I of 1944), [--] the Sales Tax Act, 1951 (III of
1951), the Gift Tax Act, 1963, (XIV of 1963), the Wealth Tax Act, 1963 (XV of 1963), or
the Customs Act, 1969 (IV of 1969), as may be necessary for the purpose of enabling it
duly to exercise such powers; or
(g) of any such particulars occasioned by the lawful exercise by a public servant of his
powers under the Stamp Act, 1899 (II of 1899), to impound an insufficiently stamped
document; or
(h) of such particulars to the State Bank of Pakistan as are required by the said Bank to
enable it to compile financial statistics of international investment and balance of
payments; or
(i) of any such particulars as may be required by any order made under sub-section (2) of
section 19 of the Foreign Exchange Regulation Act, 1947 (VII of 1947), or for the purposes
of any prosecution for an offence under section 23 of that Act; or
(j) of any such particulars as may be required by the Corporate Law
Authority or the Monopolies Control Authority for the purposes of the Securities and
Exchange Ordinance, 1969 (XVII of 1969 ), or the Monopolies and Restrictive Trade
Practices (Control and Prevention) Ordinance, 1970 (V of 1970), as the case may be; or
(k) of any such particulars relevant to any inquiry into a charge of misconduct in
connection with income tax proceedings against a legal practitioner or an accountant to
the authority referred to in sub-section (4) of section 157, when exercising the functions
referred to in that section; or
(l) of any such particulars to a Civil Court in any suit or proceeding to which the
Government or any income tax authority is a party, which relates to any matter arising out
of any proceeding under this Ordinance; or
(m) of any such particulars for the purposes of a prosecution for any offence under the
Pakistan Penal Code (Act XLV of 1860) in respect of any such statement, returns accounts,
documents, evidence, affidavit or deposition, or for the purposes of a prosecution for any
offence under this Ordinance; or
(n) of any such particulars, relevant to any inquiry into the conduct of an official of
the Income Tax Department to any person or officer appointed to hold
such inquiry, or to a Public Service Commission, established under the Constitution, when
exercising its functions in relation to any matter arising out of such inquiry; or
(o) of such information as may be required by any officer or department of the Federal
Government or of a Provincial Government for the purpose of investigation into the conduct
and affairs of any public servant, or to a court in connection with any prosecution of the
public servant arising out of any such investigation; or
(p) of such facts to an authorised officer of the Government of any country outside
Pakistan with which the Federal Government has entered into an agreement under section 163
for the avoidance of double taxation and the prevention of fiscal evasion as may be
required to be disclosed in pursuance of that agreement; or
(q) of such facts to the Federal Tax Ombudsman appointed under any
law for the time being in force; and
(4) Nothing in this section shall apply to the production by a public servant before a
court of any document, declaration or affidavit filed, or the record of any statement or
deposition made in a proceeding under section 68 or section 75 or the giving of evidence
by a public servant in respect thereof.
(5) Nothing contained in sub-section (1) shall prevent the Central
Board of Revenue from publishing, with the prior approval of the Federal Government, any
such particulars as are referred to in that sub-section.
(5A) Nothing contained in sub-section (1) shall prevent the
Federal Government from publishing particulars and the amount of tax paid by a holder of a
public office as defined in the Ehtesab Act, 1997 (IX of 1997);
(6) Any person to whom any information is communicated under this section, and any person
or employee under his control, shall, in respect of that information, be subject to the
same rights, privileges, obligations and liabilities as if he were a public servant and
all the provisions of this Ordinance shall, so far as may be, apply accordingly.
(7) No prosecution shall be instituted under this section expect with the previous
sanction of the Central Board of Revenue.
151. Limitation of exemption.- Where any
income is exempt from tax, the exemption shall, in the absence of a specific provision to
the contrary contained in this Ordinance, be limited to the original recipient of that
income and shall not extend to any person receiving any payment wholly or in part out of
that income.
152. Tax or refund to be calculated to the nearest rupee.- In
the determination of the amount of tax or a refund payable under this Ordinance, fractions
of a rupee less than fifty paisa shall be disregarded and fractions of a rupee equal to or
exceeding fifty paisa shall be regarded as one rupee.
153. Receipts to be given for moneys paid or recovered under this
Ordinance.-A receipt shall be given for any money paid or recovered under
this Ordinance.
154. Service of notice.- (1) A notice, order or
requisition (hereinafter referred to as 'notice') under this Ordinance may be served on
the person therein named either by post or in the manner provided for service of a summons
issued by a Court under the Code of Civil Procedure, 1908 (V of 1908).
(2) Any such notice may be addressed,-
(a) in the case of a firm or a Hindu undivided family, to any member of the firm or to the
manager or any adult male member of the family;
(b) in the case of a local authority, a company or an association of persons, to the
principal officer thereof; and
(c) in the case of any other person (not being an individual), to the person who manages
or controls its affairs.
(3) Where a firm or other association of persons is dissolved, any such notice may be
served on any person who was a member of the firm or the association, as the case may be,
immediately before such dissolution.
(4) In any case to which section 72 applies such notice may be served on the person whose
income is to be assessed, or in the case of a firm or an association of persons, on any
person who was a member of such firm or association as the case may be at the time of the
discontinuance of business or profession, or in the case of a company, on the principal
officer thereof.
(5) Where an order is made under sub-section (1) of section 75 holding that a partition of
any Hindu undivided family has taken place, any such notice may be served on the person
who was the last manager of the family or, if such person is dead, on all adult male
persons who were members of the family immediately before the partition.
(6) The validity of any notice issued under this Ordinance or the validity of service of
any such notice shall not be called in question after the return in response to such
notice has been filed or compliance thereto has been made.
