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050414
Government of
Revenue Division
Central Board of
Revenue
***
N
o t i f i c a t i o n
(Income Tax)
S. R. O.315(I)/2005.-
The following draft of certain
further amendments in the Income Tax Rules, 2002, which it is proposed to be
made by the Central Board of Revenue in exercise of the powers conferred by
section 237 of the Income Tax Ordinance, 2001 (XLIX of 2001), is hereby
published as required by sub-section (3) of the said section, for information
of all persons likely to be affected thereby, and notice is hereby given that
the draft will be taken into consideration after fifteen days of its
publication in the official Gazette.
Any
objection or suggestion which may be received from any person in respect of the
said draft before the expiry of the said period will be considered by the
Central Board of Revenue.
Draft
Amendment
In the aforesaid Rules,-
(1) in Chapter IX, for Part II the
following shall be substituted; namely:-
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“Part II
Collection or
Deduction of Tax at Source
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Division I
Employer’s
Certificate
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41. Certificate
of collection or deduction of tax from salary.- (1) As required under
sub-section (1) of section 164 of the Ordinance, any person responsible for
deducting tax from salary under section 149 of the Ordinance shall issue a
certificate to the person from whom tax has been deducted, in the form as set
out in Part VII of the Second Schedule to these rules, within fifteen days
after the end of the financial year.
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(2)
Where an employee leaves employment before the end of the financial year the
certificate under sub-rule (1) shall be issued for the period of employment
in that year within seven days after termination of the employee’s
employment.
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(3)
Where the certificate issued under sub-rule (1) or (2) has been lost, stolen
or destroyed the recipient of the certificate may request, in writing, to the
issuer of the certificate, to issue a duplicate thereof.
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(4)
Where a request has been made under sub-rule (3), the issuer of the certificate
shall comply with the request and the certificate so issued shall be clearly
marked “duplicate”.
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(5)
The certificate issued under sub-rules (1), (2) or sub-rule (3) shall be in
duplicate and serially numbered. |
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Division II
Certificate for
Collection or Deduction of Tax (other than from salary)
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42.
Certificate of collection or deduction of tax other than from salary.- (1) As required under sub-section (1) of section
164 of the Ordinance, any person responsible for,-
(a) collecting tax under Division II of Part V of Chapter X of the
Ordinance;
(b) deducting tax from a payment under Division III of Part V of
Chapter X of the Ordinance, except in
the case of salary;
(c) collecting or deducting tax under Chapter XII of the
Ordinance; or
(d) deducting tax under the Sixth Schedule to
the Ordinance,
shall issue a certificate to the person from whom
tax has been collected or deducted, in the form as set out in Part VII of the
Second Schedule to these rules, within fifteen days after the end of the
financial year.
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(2)
Where the person from whom tax has been collected or deducted requests for
the issuance of the certificate before the end of the financial year, the
certificate under sub-rule (1) shall be issued for the period in that year within
seven days of the request made.
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(3)
Where the certificate issued under sub-rule (1) or sub-rule (2) has been
lost, stolen or destroyed the recipient of the certificate may request, in
writing, to the issuer of the certificate to issue a duplicate thereof.
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(4)
Where a request has been made under sub-rule (3), the issuer of the
certificate shall comply with the request and the certificate so issued shall
be clearly marked “duplicate”.
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(5)
The certificate issued under sub-rule (1), (2) or sub-rule (3) shall be in
duplicate and serially numbered.
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Division III
Payment of Tax
Collected or Deducted
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43.
Payment of tax collected or deducted.- As required under
section 160 of the Ordinance, the tax collected or deducted under Division II
or Division III of Part V of Chapter X of the Ordinance or Chapter XII of the
Ordinance shall be paid to the credit of the Federal Government,-
(a) where the tax has been collected or deducted by the Federal
Government or a Provincial Government on the day the tax was collected or
deducted; or
(b) where the tax has been collected or deducted by a person other
than the Federal Government or a Provincial Government, by remittance to the
Government Treasury or deposit in an authorized branch of the State Bank of
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Division VI
Annual and
Quarterly Statements of Tax Collected or Deducted
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44.
Annual statement of tax collected
or deducted.- (1) An annual statement required to be furnished under
sub-section (1) of section 165 of the Ordinance for a financial year shall be
in the form as set out in Part VIII and Part IX of the Second Schedule to
these rules.
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(2)
Pursuant to sub-section (2) of section 165 of the Ordinance, a person
responsible for collecting or deducting tax under Division II or Division III
of Part V of Chapter X of the Ordinance, under Chapter XII of the Ordinance;
or under the Sixth Schedule to the Ordinance shall furnish a quarterly
statement for each period of three months ending on the 30th day
of September, 31st day of December, 31st day of March
and 30th day of June, within fifteen days of the end of the said
period in the form as set out in Part X of the Second Schedule to these
rules.
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45.
Statement of tax collected or deducted under the Sixth Schedule to the
Ordinance.- The statement required to be furnished under clause (5)
of Part II of the Sixth Schedule to the Ordinance for a financial year shall
be in the form as set out in Part XI of the Second Schedule to these rules;
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(2) in the
aforesaid rules in Part III of Chapter IX shall be omitted.
(3) in the Second Schedule, after
Part VI, the following new Part VII, Part VIII, Part IX and Part X shall be
added, namely:-
“PART VII
Certificate of Collection or Deduction of Tax
(See rule 41)
S. No. Original/Duplicate. Date of issue. .
Certified that a sum of Rupees____________________(Amount
of tax collected/deducted in figures)
Rupees________________________________________________
___________________________________________(Amount
in words)
on account of Income Tax has
been collected/deducted from _______________________________________________________
_______________________________________________________
having National Tax Number __________________(if
any) OR
Or National Identity Card No. _______________(In case of individual)
on ____________________ (Date of collection/deduction)
Or during the period From ______________To
______________(Period of collection/deduction)
under section * _____________________
(Specify section of the Income Tax Ordinance, 2001)
on account of * ____________________________________________
(Specify nature)
vide __________________________________
(Particulars of LC, Contract etc.)
on the value/amount of Rupees________________
(Gross amount on which tax collected/deducted in figures)
Rupees
________________________________________________
___________________________________________(Amount
in words)
This is to further certify that the tax collected/deducted
has been deposited in the Federal Government Account as per the following
details:
Date of deposit.
SBP / NBP/ Branch/City. Amount.
Challan
Treasury. (Rupees) /Treasury No.
____________ __________________ __________________ __________________ _________
____________ __________________ __________________ __________________ _________
____________ __________________ __________________ __________________ _________
____________ __________________ __________________ __________________ _________
Company/office etc. collecting/deducting the tax:
Name.
____________________________
Address.
___________________________ Signature. _____________________________
___________________________
Name. _____________________________
NTN (if any) ___________________________ Designation. _____________________________
Date. ___________________________ Seal. _____________________________
Please see filling instructions on the back page.
*Section on account of
148 Import of goods
150 Dividend paid
151(1)(a) Profit on debt paid or credited to a resident person
on schemes of National Savings
151(1(b) Profit on debt paid or credited to a resident person
on an account or deposit with a banking company or a financial institution
151(1(c)
Profit
on debt paid or credited to a resident person
on securities of Federal or Provincial Government
or a local authority
151(1)(d) Profit on debt paid or credited to a
resident person on any bond, certificate, debenture, security or any other
instrument by a banking company, financial institution, company incorporated
under the Companies Ordinance, 1984, a body corporate formed by or under any
law in force in Pakistan or a finance society
152(1) Payment to a non-resident person on account of royalty or fee for
technical services
152(2) Payment to a non-resident person on any other account including
profit on debt but excluding those covered under section 153(3)
153(1)(a) Payments to a resident person on account of sale of goods
153(1)(b) Payments to a resident person on account of services
rendered
153(1)(c) Payments to a resident person on account of execution
of a contract, other than contract for sale of goods or services rendered
153(3) Payment to a non-resident on account of turnkey
contract, contract or sub-contract for the design, construction or supply of
plant and equipment under a hydel power project or transmission line project or
any other power project or any other contract for construction or services
rendered
153(3)(e) Payments to a non-resident person on account of
contract for advertisement services rendered by TV Satellite Channels
154(1) Realization of proceeds of exports of goods
154(2) Realization of foreign indenting commission
154(3) Realization of proceeds of sale of goods to an exporter under an
inland back-to-back letter of credit etc
154(3A) Export of goods by an industrial undertaking
located in an export processing zone
154(3B) Payment against sale of goods by an indirect exporter
to a direct exporter or an export house registered under DTRE Rules, 2001
155 Payment of rent of immovable property
156 Payment of prize on a prize bond or winnings from a raffle,
lottery, cross-word puzzle or quiz; and prize offered by companies for
promotion of sale
156A Payment of commission on petroleum products of petrol
pump operators
233 Payment of brokerage or
commission including indenting,
advertising, yarn, insurance or travel agent
233A(1) On value of shared purchased
or sold by a member of a stock
exchange in lieu of its commission
income
233A(1) On value of shared traded by a
person (sold) through a member of a
stock exchange
233A(1) On financing of carry over trade (Badla) in shares
business
234 Alongwith motor vehicle
tax of motor vehicles
235 Alongwith electricity
consumption bills
236 Telephone users
including mobile phones & pre- paid
cards
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