Income Tax Ordinance, 2001
Income Tax Ordinance, 2001
Income Tax Ordinance, 2001
INCOME TAX ORDINANCE, 2001
CONTENTS
CHAPTER 1
Preliminary
1 Short title, extent and commencement
2 Definitions
3 Ordinance to override other laws
CHAPTER II
Charge of tax
4 Tax on taxable income
4A Omitted
4B Super tax for rehabilitation of temporarily displaced persons
5 Tax on dividends
5A Tax on undistributed reserves
6 Tax on certain payments to nonresidents
7 Tax on shipping and air transport income of a nonresident person
7A Tax on shipping of a resident person
7B Tax on profit on debt
8 General provisions relating to taxes imposed under section 5,5a,6,7a and 7b
CHAPTER III
Tax on taxable income
PART I
Commutation of taxable income
9 Taxable income
10 Total income
11 Heads of income
PART II
Head of income: salary
12 Salary
13 Value of perquisites
14 Employee share schemes
PART III
Head of income: income from property
15 Income from property
Deductions in computing income chargeable under the head “income from
15A
property”
16 Nonadjustable amounts received in relation to buildings
1
17 Omitted
PART IV
Head of income: income from business
Division I
Income from business
18 Income from business
19 Speculation business
Division II
Deductions: general principles
Deductions in computing income chargeable under the head “income from
20
business”
21 Deductions not allowed
Division III
Deductions: special provisions
22 Depreciation
23 Initial allowance
23A First year allowance
23B Accelerated depreciation to alternate energy projects
24 Intangibles
25 Precommencement expenditure
26 Scientific research expenditure
27 Employee training and facilities
28 Profit on debt, financial costs and lease payments
29 Bad debts
29A Provision regarding consumer loans
Profit on nonperforming debts of a banking company or development finance
30
institution
31 Transfer to participatory reserve
Division IV
Tax accounting
32 Method of accounting
33 Cashbasis accounting
34 Accrualbasis accounting
35 Stockintrade
36 Longterm contracts
PART V
Head of income: capital gains
37 Capital gains
37A Capital gain on disposal of securities
Deduction of losses in computing the amount chargeable under the head “capital
38
gains
PART VI
Head of income: income from other sources
39 Income from other sources
Deductions in computing income chargeable under the head “income from other
40
sources
PART VII
Exemptions and tax concessions
41 Agricultural income
42 Diplomatic and united nations exemptions
2
43 Foreign government officials
44 Exemptions under international agreements
45 President’s honours
46 Profit on debt
47 Scholarships
48 Support payments under an agreement to live apart
49 Federal government, provincial government, and local government income
50 Foreignsource income of shortterm resident individuals
51 Foreignsource income of returning expatriates
52 Omitted
53 Exemptions and tax concessions in the second schedule
54 Exemptions and tax provisions in other laws
55 Limitation of exemption
PART VIII Losses
56 Set off of losses
56A Set off of losses of companies operating hotels
57 Carry forward of business losses
57A Set off of business loss consequent to amalgamation
58 Carry forward of speculation business losses
59 Carry forward of capital losses
59A Limitations on set off and carry forward of losses
59AA Group taxation
59B Group relief
PART IX
Deductable allowances
60 Zakat
60A Workers’ welfare fund
60B Workers’ participation fund
PART X
Tax credits
61 Charitable donations
62 Tax credit for investment in shares and insurance
63 Contribution to an approved pension fund
64 Omitted
64A Deductible allowance for profit on debt
64B Tax credit for employment generation by manufacturers
65 Miscellaneous provisions relating to tax credits
65A Tax credit to a person registered under the sales tax act, 1990
65B Tax credit for investment
65C Tax credit for enlistment
65D Tax credit for newly established industrial undertakings
65E Tax credit for industrial undertakings established before the first day of july, 2011
CHAPTER IV
Common rules
PART I
General
3
66 Income of joint owners
67 Apportionment of deductions
68 Fair market value
69 Receipt of income
70 Recouped expenditure
71 Currency conversion
72 Cessation of source of income
73 Rules to prevent double derivation and double deductions
PART II Tax year
74 Tax year
75 Disposal and acquisition of assets
76 Cost
77 Consideration received
78 Nonarm’s length transactions
79 Nonrecognition rules
CHAPTER V
Provisions governing persons
PART I
Central concepts
Division I
Persons
80 Person
Division II
Resident and nonresident persons
81 Resident and nonresident persons
82 Resident individual
83 Resident company
84 Resident association of persons
Division III
Associates
85 Associates
PART II
Individuals
Division I
Taxation of individuals
86 Principle of taxation of individuals
87 Deceased individuals
Division II
Provisions relating to averaging
88 An individual as a member of an association of persons
88A Omitted
89 Authors
Division III
Income splitting
90 Transfers of assets
91 Income of a minor child
PART III
Associations of persons
92 Principles of taxation of associations of persons
4
93 Omitted
PART IV
Companies
94 Principles of taxation of companies
95 Disposal of business by individual to whollyowned company
96 Disposal of business by association of persons to whollyowned company
97 Disposal of asset between whollyowned companies
97A Disposal of asset under a scheme of arrangement and reconstruction
PART V
Common provisions applicable to associations of persons and companies
98 Change in control of an entity
PART VA
Tax liability in certain cases
98A Change in the constitution of an association of persons
98B Discontinuance of business or dissolution of an association of persons
98C Succession to business, otherwise than on death
CHAPTER VI
Special industries
PART I
Insurance business
99 Special provisions relating to insurance business
99A Special provisions relating to traders
PART II
Oil, natural gas and other mineral deposits
Special provisions relating to the production of oil and natural gas, and exploration
100
and extraction of other mineral deposits
100A Special provisions relating to banking business
100B Special provision relating to capital gain tax
100C Tax credit for certain persons
CHAPTER
International
VII
PART I
Geographical source of income
101 Geographical source of income
PART II
Taxation of foreignsource income of residents
102 Foreign source salary of resident individuals
103 Foreign tax credit
104 Foreign losses
PART III
Taxation of nonresidents
105 Taxation of a permanent establishment in pakistan of a nonresident person
106 Thin capitalization
PART IV
Agreements for the avoidance of double taxation and prevention of fiscal
evasion
107 Agreements for the avoidance of double taxation and prevention of fiscal evasion
CHAPTER VIII
Antiavoidance
108 Transactions between associates
5
109 Recharacterisation of income and deductions
110 Salary paid by private companies
111 Unexplained income or assets
112 Liability in respect of certain security transaction
CHAPTER IX
Minimum tax
113 Minimum tax on the income of certain persons
113A Minimum tax on builders
113B Minimum tax on land developers
113C Alternative corporate tax
CHAPTER X
Procedure
PART I
Returns
114 Return of income
115 Persons not required to furnish a return of income
116 Wealth statement
117 Notice of discontinued business
118 Method of furnishing returns and other documents
119 Extension of time for furnishing returns and other documents
PART II
Assessments
120 Assessments
120A Omitted
121 Best judgment assessment
122 Amendment of assessments
122A Revision by the commissioner
122B Revision by the chief commissioner
122C Provisional assessment
123 Provisional assessment in certain cases
124 Assessment giving effect to an order
124A Powers of tax authorities to modify orders, etc.
125 Assessment in relation to disputed property
126 Evidence of assessment
PART III
Appeals
127 Appeal to the commissioner (appeals)
128 Procedure in appeal
129 Decision in appeal
130 Appointment of the appellate tribunal
131 Appeal to the appeal tribunal
132 Disposal of appeals by the appellate tribunal
133 Reference to high court
134 Omitted
134A Alternative dispute resolution
135 Omitted
136 Burden of proof
6
PART IV
Collection and recovery of tax
137 Due date for payment of tax
138 Recovery of tax out of property and through arrest of taxpayer
138A Recovery of tax by district officer (revenue)
138B Estate in bankruptcy
139 Collection of tax in the case of private companies and associations of persons
140 Recovery of tax from persons holding money on behalf of a taxpayer
141 Liquidators
142 Recovery of tax due by nonresident member of an association of persons
143 Nonresident ship owner or charter
144 Nonresident aircraft owner or charter
145 Assessment of persons about to leave pakistan
146 Recovery of tax from persons assessed in azad jammu and kashmir
146A Initiation, validity, etc., of recovery proceedings
146B Tax arrears settlement incentives scheme
PART V
Advance tax and deduction of tax at source
DIVISION I
Advance tax paid by the taxpayer
147 Advance tax paid by the taxpayer
DIVISION
Advance tax paid to a collection agent
II
148 Imports
148A Tax on local purchase of cooking oil or vegetable ghee by certain persons
DIVISION III
Deduction of tax at source
149 Salary
150 Dividends
151 Profit on debt
152 Payments to nonresidents
153 Payments for goods, services and contracts
153A Omitted
154 Exports
155 Income from property
156 Prizes and winnings
156A Petroleum products
156B Withdrawal of balance under pension fund
157 Omitted
158 Time of deduction of tax
DIVISION IV
General provisions relating to the advance payment of tax or the deduction
of tax at source
159 Exemption or lower rate certificate
160 Payment of tax collected or deducted
161 Failure to pay tax collected or deducted
162 Recovery of tax from the person from whom tax was not collected or deducted
7
163 Recovery of amounts payable under this division
164 Certificate of collection or deduction of tax
165 Statements
165A Furnishing of information by banks
165B Furnishing of information by financial institutions including banks
166 Priority of tax collected or deducted
167 Indemnity
168 Credit for tax collected or deducted
169 Tax collected or deducted as a final tax
PART VI
Refunds
170 Refunds
171 Additional payment for delayed refunds
PART VII
Representatives
172 Representatives
173 Liability and obligations of representatives
PART VIII
Records, information collection and audit
174 Records
175 Power to enter and search premises
176 Notice to obtain information or evidence
177 Audit
178 Assistance to commissioner
Accounts, documents, records and computerstored information not in urdu or
179
english language
180 Power to collect information regarding exempt income
PART IX Taxpayer’s registration
181 Taxpayer’s registration
181A Active taxpayers’ list
181AA Compulsory registration in certain cases
181B Taxpayer card
181C Displaying of national tax number
PART X
Penalty
182 Offences and penalties
183 Exemption from penalty and default surcharge
184 Omitted
185 Omitted
186 Omitted
187 Omitted
188 Omitted
189 Omitted
190 Omitted
PART XI
Offences and prosecution
191 Prosecution for noncompliance with certain statutory obligations
8
192 Prosecution for false statement in verification
192A Prosecution for concealment of income
193 Prosecution for failure to maintain records
194 Prosecution for improper use of national tax number certificate
195 Prosecution for making false and misleading statements
196 Prosecution for obstructing an income tax authority
197 Prosecution for disposal of property to prevent attachment
198 Prosecution for unauthorized disclosure of information by a public servant
199 Prosecution for abetment
200 Offences by companies and associations of persons
201 Institution of prosecution proceedings without prejudice to other action
202 Power to compound offences
203 Trial by special judge
203A Appeal against the order of a special judge
204 Power to tender immunity from prosecution
PART XII
Default surcharge
205 Default surcharge
205A Reduction in default surcharge, consequential to reduction in tax or penalty
PART XIII
Circulars
206 Circulars
206A Advance ruling
CHAPTER XI
Administration
PARTI
General
207 Income tax authorities
208 Appointment of income tax authorities
209 Jurisdiction of income tax authorities
210 Delegation
211 Power or function exercised
212 Authority of approval
213 Guidance to income tax authorities
214 Income tax authorities to follow orders of the board
214A Condonation of time limit
214B Power of the board to call for records
214C Selection for audit by the board
214D Automatic selection for audit
215 Furnishing of returns, documents etc
216 Disclosure of information by a public servant
217 Forms and notices; authentication of documents
218 Service of notices and other documents
219 Tax or refund to be computed to the nearest rupee
220 Receipts for amounts paid
221 Rectification of mistakes
9
222 Appointment of expert
223 Appearance by authorized representative
224 Proceedings under the ordinance to be judicial proceedings
225 Proceedings against companies under liquidation
226 Computation of limitation period
227 Bar of suits in civil courts
227A Reward to officers and officials of inland revenue
227B Reward to whistleblowers
PART II
Directorates general
228 The directorate general of internal audit
229 Directorate general of training and research
230 Directorate general (intelligence and investigation), inland revenue
PART III
Directoratesgeneral
230A Directorategeneral of withholding taxes
230B Directorategeneral of law
230C Directorategeneral of research and development
231 Omitted
CHAPTER XII
Transitional advance tax provisions
231A Cash withdrawal from a bank
231AA Advance tax on transactions in bank
231B Advance tax on private motor vehicles
231E Special audit penal
231F Selection and conduct of audit
232 Omitted
233 Brokerage and commission
233A Collection of tax by a stock exchange registered in pakistan
233AA Collection of tax by nccpl
234 Tax on motor vehicles
234A Cng stations
235 Electricity consumption
235A Domestic electricity consumption
235B Tax on steel melters, rerollers etc
236 Telephone and internet users
236A Advance tax at the time of sale by auction
236B Advance tax on purchase of air ticket
236C Advance tax on sale or transfer of immovable property
236D Advance tax on functions and gatherings
236E Advance tax on foreignproduced tv plays and serials
236F Advance tax on cable operators and other electronic media
236G Advance tax on sales to distributors, dealers and wholesalers
236H Advance tax on sales to retailers
236I Collection of advance tax by educational institutions
236J Advance tax on dealers, commission agents and arhatis etc
10
236K Advance tax on purchase or transfer of immovable property
236L Advance tax on purchase of international air ticket
236M Bonus shares issued by companies quoted on stock exchange
236N Bonus shares issued by companies not quoted on stock exchange
236O Advance tax under this chapter
236P Advance tax on banking transactions otherwise than through cash
236Q Payment to residents for use of machinery and equipment
236R Collection of advance tax on education related expenses remitted abroad
236S Dividend in specie
236T Collection of tax by pakistan mercantile exchange limited (pmex).
CHAPTER XIII
Miscellaneous
237 Power to make rules
237A Electronic record
238 Repeal
239 Savings
239A Transition to federal board of revenue
239B Reference to authorities
240 Removal of difficulties
FIRST SCHEDULE
.
PART 1
Rates of tax
Division I
Rates of tax for individuals and association of persons
Division IA
Omitted
Division IB
Omitted
Division II
Rates of tax for companies
Division IIA
Rates of super tax
Division III
Rate of dividend tax
Division IIIA
Rate for profit on debt
Division IV
Rate of tax on certain payments to nonresidents
Division V
Rate of tax on shipping or air transport income of a nonresident person
Division VI
Omitted
Division VII
Capital gains on disposal of securities
Division VIII
Capital gains on disposal of immovable property
Division IX
Minimum tax under section 113
PART II
Rates of advance tax
Tax on import of goods
11
PART
Iia
Omitted
PART III
Deduction of tax at source
Division I
Advance tax on dividend
Division IA
Profit on debt
Division II
Payments to nonresidents
Division III
Payments for goods or services
Division IIIA
Omitted
Division IV
Exports
Division V
Income from property
Division VI
Prizes and winnings
Division VIA
Petroleum products
Division VIB
Cng stations
Division VII
Omitted
PART IV
Deduction or collection of advance tax
Division I
Omitted
Division II
Brokerage and commission
Division IIA
Rates for collection of tax by a stock exchange registered in pakistan
Division IIB
Rates for collection of tax by nccpl
Division III
Tax on motor vehicles
Division IV
Electricity consumption
Division V
Telephone users
Division VI
Cash withdrawal from a bank
Division VIA
Advance tax on transactions in bank
Division VII
Advance tax on purchase, registration and transfer of motorvehicles
Division VIII
Advance tax at the time of sale by auction
Division IX
Advance tax on purchase of air ticket
Division X
Advance tax on sale or transfer of immoveable property
12
Division XI
Advance tax on functions and gatherings
Division XII
Advance tax on foreignproduced films and tv plays
Division XIII
Rate of tax to be collected
Division XIV
Advance tax on sale to distributors, dealers or wholesalers
Division XV
Advance tax on sale to retailers
Division XVI
Collection of advance tax by educational institutions
Division XVII
Advance tax on dealers, commission agents and arhatis, etc
Division XVIII
Advance tax on purchase of immovable property
Division XIX
Advance tax on domestic electricity consumption
Division XX
Advance tax on international air ticket
Division XXI
Advance tax on banking transactions otherwise than through cash
Division XXII
Rate of collection of tax by pakistan mercantile exchange limited
Division XXIII
Payment to a resident person for right to use machinery and equipment
Division XXIV
Collection of advance tax on education related expenses remitted abroad
SECOND SCHEDULE
Exemptions and tax concessions
PART I
Exemptions from total income
PART II
Reduction in tax rates
PART III
Reduction in tax liability
PART IV
Exemption from specific provisions
THIRD SCHEDULE
PART I
Depreciation
PART II
Initial allowance and first year allowance
PART III
Precommencement expenditure
FOURTH SCHEDULE
Rules for the computation of the profits and gains of insurance business
Rules for the computation of the profits and gains of insurance business
FIFTH SCHEDULE
PART I
Rules for the computation of the profits and gains from the exploration and
production of petroleum
PART II
Rules for the computation of the profits and gains from the exploration and
extraction of mineral deposits (other than petroleum).
SIXTH SCHEDULE
13
PART I
Recognized provident funds
PART II
Approved superannuation funds
PART III
Approved gratuity funds
SEVENTH SCHEDULE
Rules for the computation of the profits and gains of a banking company
and tax payable thereon
EIGHTH SCHEDULE
Rules for the computation of capital gains on listed securities
NINTH SCHEDULE
PARTI
Rules for the computation of the tax payable on profits and gains of a
trader falling under subsection (1) of section 99a
PARTII
Rules for the computation of the tax payable on profits and gains of a
trader falling under subsection (2) of section 99a
PARTIII
General provisions for the traders under parti and partii
14
AN
ORDINANCE
to consolidate and amend the law relating to income tax
WHEREAS it is expedient to consolidate and amend the law relating to income tax and to provide for
matters ancillary thereto or connected therewith;
WHEREAS the President is satisfied that circumstances exist which render it necessary to take immediate
action;
NOW, THEREFORE, in pursuance of the Proclamation of Emergency of the fourteenth day of October,
1999, and the Provisional Constitution Order No. 1 of 1999, read with Provisional Constitutional Amendment
Order No. 9 of 1999, and in exercise of all powers enabling him in that behalf, the President of the Islamic
Republic of Pakistan is pleased to make and promulgate the following Ordinance:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement.— (1) This Ordinance may be called the Income Tax
Ordinance, 2001.
(2) It extends to the whole of Pakistan.
(3) It shall come into force on such date as the Federal Government may, by notification in official
Gazette, appoint.1
2. Definitions.— In this Ordinance, unless there is anything repugnant in the subject or context —
(1) "accumulated profits" in relation to 2[distribution or payment of] a dividend, 3[include] —
(a) any reserve made up wholly or partly of any allowance, deduction, or exemption admissible under
this Ordinance;
(b) for the purposes of 4[subclauses (a), (d) and (e) of clause (19)”] all profits of the company
including income and gains of a trust up to the date of such distribution or such payment, as the
case may be; and
(c) for the purposes of 5[subclause (c) of clause (19)], includes all profits of the company including
income and gains of a trust up to the date of its liquidation;
1 Vide notification S.R.O. 381(I)/2002, dated 15.06.2002 the Federal Government appointed the first day of July, 2002 on which the Ordinance shall come into force.
2 Inserted by the Finance Act, 2003, s.12 (1)(a).
3 The word “includes” substituted by the Finance Act, 2005, s.8(1)(a).
4 Clauses (a), (d) and (e) of subsection (2) substituted by the Finance Act, 2002, s. 8(1)(a)(i).
5 Clause (c) of subsection (2) substituted by the Finance Act, 2002, s. 8(1)(a)(ii).
15
1[(1A) “amalgamation” means the merger of one or more banking companies or nonbanking financial
institutions, 2[or insurance companies,] 3[or companies owning and managing industrial undertakings] 4[or
companies engaged in providing services and not being a trading company or companies] in either case 5[at
least one of them] being a public company, or a company incorporated under any law, other than Companies
Ordinance, 1984 (XLVII of 1984), for the time being in force, (the company or companies which so merge
being referred to as the “amalgamating company” or companies and the company with which they merge or
which is formed as a result of merger, as the “amalgamated company”) in such manner that –
(a) the assets of the amalgamating company or companies immediately before the amalgamation
become the assets of the amalgamated company by virtue of the amalgamation, otherwise than by
purchase of such assets by the amalgamated company or as a result of distribution of such assets
to the amalgamated
company after the winding up of the amalgamating company or companies; 6[and]
(b) the liabilities of the amalgamating company or companies immediately before the amalgamation
become the liabilities of the amalgamated company by virtue of the amalgamation 7[.]
8* * * * * * *
9[(2) “Appellate Tribunal” means the Appellate Tribunal Inland Revenue established under section
130;]
(3) “approved gratuity fund” means a gratuity fund approved by the Commissioner in accordance with
Part III of the Sixth Schedule;
10[(3A) “Approved Annuity Plan” means an Annuity Plan approved by Securities and Exchange
Commission of Pakistan (SECP) under Voluntary Pension System Rules, 2005 and offered by a
Life Insurance Company registered with the SECP under Insurance Ordinance, 2000 (XXXIX of
2000);
(3B) “Approved Income Payment Plan” means an Income Payment Plan approved by Securities and
Exchange Commission of Pakistan (SECP) under Voluntary Pension System Rules, 2005 and
offered by a Pension Fund Manager registered with the SECP under Voluntary Pension System
Rules, 2005;
1 Ins. by the Finance Act, 2002, s. 8(1)(b).
2 Ins. by the Finance Act, 2004, s. 6(1)(a)(i).
3 Ins. by the Finance Act, 2005, s. 8(1)(b)(i).
4 Ins. by the Finance Act, 2007, s. 20(1)(a).
5 Ins. by the Finance Act, 2005, s. 8(1)(b)(ii).
6 Added by the Finance Act, 2005, s. 8 (1)(b)(iii).
7 The semicolon and word “and” subs., by the Finance Act, 2005, s. 8(1)(b)(iv).
8 Clause (c) omitted by the Finance Act, 2005, s. 8(b)(v).
9 Subs., by the Finance Act, 2010, s. 8(1)(a).
10 New clauses (3A), (3B) & (3C) ins. by the Finance Act, 2005, s. 8(1)(c).
16
(3C) “Approved Pension Fund” means Pension Fund approved by Securities and Exchange
Commission of Pakistan (SECP) under Voluntary Pension System Rules, 2005, and managed by a
Pension Fund Manager registered with the SECP under Voluntary Pension System Rules, 2005;]
1[(3D) “Approved Employment Pension or Annuity Scheme” means any employment related
retirement scheme approved under this Ordinance, which makes periodical payment to a
beneficiary i.e. pension or annuity such as approved superannuation fund, public sector pension
scheme and Employees OldAge Benefit Scheme;
(3E) “Approved Occupational Savings Scheme” means any approved gratuity fund or recognized
provident fund;]
(4) “approved superannuation fund” means a superannuation fund, or any part of a superannuation
fund, approved by the Commissioner in accordance with Part II of the Sixth Schedule;
2[(5) “assessment” includes 3[provisional assessment,] reassessment and amended assessment and the
cognate expressions shall be construed accordingly;]
4[(5A) “assessment year” means assessment year as defined in the repealed Ordinance;]
5[(5B) “asset management company” means an asset management company as defined in the Non
Banking Finance Companies and Notified Entities Regulations, 2007;]
(6) “association of persons” means an association of persons as defined in section 80;
(7) “banking company” means a banking company as defined in the Banking Companies Ordinance,
1962 (LVII of 1962) and includes any body corporate which transacts the business of banking in
Pakistan;
1 Ins. by the Finance Act, 2006, s. 17(I)(a).
2 Clause (5) subs. by the Finance Act, 2002, s. 8(I)(c).
3 Ins. by the Finance Act, 2011, s. 6(I)(a).
4 Ins. by the Finance Act, 2002, s. 8(I)(d).
5 Clause (5B) subs. by the Finance Act, 2008, s. 8(I)(a).
17
1[(8)] “Board” means the Central Board of Revenue established under the Central Board of Revenue
Act, 1924 (IV of 1924), and on the commencement of Federal Board of Revenue Act, 2007, the
Federal Board of Revenue established under section 3 thereof;
1[(9)] “bonus shares” includes bonus units in a unit trust;
1[(10)] “business” includes any trade, commerce, manufacture, profession, vocation or adventure or
concern in the nature of trade, commerce, manufacture, profession or vocation, but does not
include employment;
1[(11)] “capital asset’ means a capital asset as defined in section 37;
2[(11A) “charitable purpose” includes relief of the poor, education, medical relief and the
advancement of any other object of general public utility;]
3[(11B) “Chief Commissioner” means a person appointed as Chief Commissioner Inland Revenue
under section 208 and includes a Regional Commissioner of Income Tax and a DirectorGeneral of
Income Tax and Sales Tax;]
4[(11C) “Collective Investment Scheme” shall have the same meanings as are assigned under the Non
Banking Finance Companies (Establishment and Regulation) Rules, 2003;]
(12) “company” means a company as defined in section 80;
5[(13) “Commissioner” means a person appointed as Commissioner Inland Revenue under section 208
and includes any other authority vested with all or any of the powers and functions of the
Commissioner;]
1 Clauses (8), (9), (10) and (11) renumbered as Cls. (9), (10), (11) and (8) respectively by the Finance Act, 2014, s.7(I)(a).
2 Ins. by the Finance Act, 2002, s.8(I)(e).
3 Subs. by the Finance Act, 2010, s.8(I)(b).
4 Ins. by the Finance Act, 2011, s.6(I)(b).
5 Subs., by the Finance Act, 2010, s.8(I)(c).
18
1[(13A) “Commissioner (Appeals)” means a person appointed as Commissioner Inland Revenue
(Appeals) under section 208;]
2[(13AA "consumer goods” means goods that are consumed by the end consumer rather than used in
the production of another good;”;
3[(13B) “Contribution to an Approved Pension Fund” means contribution as defined in rule 2(j) of the
Voluntary Pension System Rules, 2005 4[***];]
(14) “cooperative society” means a cooperative society registered under the Cooperative Societies
Act, 1925 (VII of 1925) or under any other law for the time being in force in Pakistan for the
registration of cooperative societies;
(15) “debt” means any amount owing, including accounts payable and the amounts owing under
promissory notes, bills of exchange, debentures, securities, bonds or other financial instruments;
(16) “deductible allowance” means an allowance that is deductible from total income under Part IX of
Chapter III;
(17) “depreciable asset” means a depreciable asset as defined in section 22;
5[(17A. “Developmental REIT Scheme” means Development REIT Scheme as defined under the Real
Estate investment Trust Regulations, 2015”;]
(18) “disposal” in relation to an asset, means a disposal as defined in section 75;
(19) “dividend” includes —
1 Subs. by the Finance Act, 2010, s.8(I)(d).
2 Ins. by the Finance Act, 2015, s. 9 (w.e.f. 1.7.2015), s.9(I)(a).
3 Ins. by the Finance Act, 2005, s.8(I)(d).
4 The comma and words “, but not exceeding five hundred thousand rupees in a tax year” omitted by the Finance Act, 2006, s.17, (I)(b).
5 Ins. by the Finance Act, 2015, s. 9 (w.e.f. 1.7.2015), s.9(I)(b).
19
(a) any distribution by a company of accumulated profits to its shareholders, whether capitalised or
not, if such distribution entails the release by the company to its shareholders of all or any part
of the assets including money of the company;
(b) any distribution by a company, to its shareholders of debentures, debenturestock or deposit
certificate in any form, whether with or without profit, 1[***] to the extent to which the
company possesses accumulated profits whether capitalised or not;
(c) any distribution made to the shareholders of a company on its liquidation, to the extent to which
the distribution is attributable to the accumulated profits of the company immediately before its
liquidation, whether capitalised or not;
(d) any distribution by a company to its shareholders on the reduction of its capital, to the extent to
which the company possesses accumulated profits, whether such accumulated profits have
been capitalised or not; 2[***]
(e) any payment by a private company 3[as defined in the Companies Ordinance, 1984 (XLVII of
1984)] or trust of any sum (whether as representing a part of the assets of the company or trust,
or otherwise) by way of advance or loan to a shareholder or any payment by any such
company or trust on behalf, or for the individual benefit, of any such shareholder, to the extent
to which the company or trust, in either case, possesses accumulated profits; 4[or]
5[(f) 6[remittance of] after tax profit of a branch of a foreign company operating in Pakistan;]
1 The words “and any distribution to its shareholders of shares by way of bonus or bonus shares”, omitted by the Finance Act, 2002, s.8(I)(g).
2 The word ‘or’ omitted by Finance Act, 2008, s.18(I)(b)(i).
3 Ins. by the Finance Act, 2003, s.12(I)(c ).
4 The word ‘or’ added by the Finance Act, 2008, s.18(I)(b)(ii).
5 Ins. ibid, s.18(b)(iii).
6 The word “any” subs. by the Finance Act, 2009, s.5(I)(a)(i).
20
but does not include —
(i) a distribution made in accordance with 1[subclause] (c) or (d) in respect of any share for
full cash consideration, or redemption of debentures or debenture stock, where the holder
of the share or debenture is not entitled in the event of liquidation to participate in the
surplus assets;
(ii) any advance or loan made to a shareholder by a company in the ordinary course of its
business, where the lending of money is a substantial part of the business of the company;
2[***]
(iii) any dividend paid by a company which is set off by the company against the whole or any
part of any sum previously paid by it and treated as a dividend within the meaning of
1[subclause] (e) to the extent to which it is so set off; 3[and]
4[(iv) remittance of after tax profit by a branch of Petroleum Exploration and Production
(E&P) foreign company, operating in Pakistan.]
5[(19A) “Eligible Person”, for the purpose of Voluntary Pension System Rules, 2005, means an
individual Pakistani who 6[holds] a valid National Tax Number 7[or Computerized National
Identity Card 8[or National Identity Card for Overseas Pakistanis] issued by the National
Database and Registration Authority] 9[***] 10[:]]
1 Subs. for “clause” by the Finance Act, 2002, s.8(1)(g)(ii).
2 The word “and” omitted by the Finance Act, 2009, s.3, (1)(a)(ii).
3 The word “and” added by the Finance Act, 2009, s. _______
4 Added by the Finance Act, 2009, s.5(1)(a)(iii).
5 Ins. by the Finance Act, 2005, s.8(1)(e).
6 The words “has obtained” subs., by the Finance Act, 2007, s.20(I)(b)(i).
7 Ins. ibid, s.20(I)(b)(ii).
8 Ins. by the Finance Act, 2008, s.18(1)(c ).
9 Omitted by the Finance Act, 2006, s.17(1)(c)(i).
10 The “semicolon” subs.& ins. by the Finance Act, 2006, s.17(1)(c)(ii).
21
1[Provided that the total tax credit available for the contribution made to approved employment
pension or annuity scheme and approved pension fund under Voluntary Pension System Rules,
2005, should not exceed the limit prescribed or specified in section 63.]
(19C) “electronic record” includes the contents of communications, transactions and procedures
under this Ordinance, including attachments, annexes, enclosures, accounts, returns, statements,
certificates, applications, forms, receipts, acknowledgements, notices, orders, judgments,
approvals, notifications, circulars, rulings, documents and any other information associated with
such communications, transactions and procedures, created, sent, forwarded, replied to,
transmitted, distributed, broadcast, stored, held, copied, downloaded, displayed, viewed, read, or
printed, by one or several electronic resources and any other information in electronic form;
(19E) “telecommunication system” includes a system for the conveyance, through the agency of
electric, magnetic, electromagnetic, electrochemical or electromechanical energy, of speech,
music and other sounds, visual images and signals serving for the impartation of any matter
otherwise than in the
3 Clauses (19B), (19C), (19D) & (19E) ins. by the Finance Act, 2008, s.18(1)(d).
22
form of sounds or visual images and also includes real time online sharing of any matter in manner
and mode as may be prescribed by the Board from time to time.]
(20) “employee” means any individual engaged in employment;
(21) “employer” means any person who engages and remunerates an employee;
(22) “employment” includes –
(a) a directorship or any other office involved in the management of a company;
(b) a position entitling the holder to a fixed or ascertainable remuneration; or
(c) the holding or acting in any public office;
1[(22A) “fast moving consumer goods” means consumer goods which are supplied in retail marketing
as per daily demand of a consumer,]
(23) “fee for technical services” means any consideration, whether periodical or lump sum, for the
rendering of any managerial, technical or consultancy services including the services of technical
or other personnel, but does not include —
(a) consideration for services rendered in relation to a construction, assembly or like project
undertaken by the recipient; or
(b) consideration which would be income of the recipient chargeable under the head “salary”;
2[(23A) “filer” means a taxpayer whose name appears in the active taxpayers‘ list issued by the
Board from time to time or is holder of a taxpayer‘s card;]
1 Ins. by Finance Act, 2015, s.9(1)(c) (w.e.f. 1.7.2015).
2 Ins. by Finance Act, 2014, s.7(1)(b).
23
(24) “financial institution” means an institution 1[as defined] under the Companies Ordinance, 2[1984
(XLVII of 1984)] 3[***];
(25) “finance society” includes a cooperative society which accepts money on deposit or otherwise
for the purposes of advancing loans or making investments in the ordinary course of business;
(26) “firm” means a firm as defined in section 80;
(27) “foreignsource income” means foreignsource income as defined in subsection (16) of section
101.
(28) “House Building Finance Corporation” means the Corporation constituted under the House
Building Finance Corporation Act, 1952 (XVIII of 1952);
4[(28A) “imputable income” in relation to an amount subject to final tax means the income which
would have resulted in the same tax, had this amount not been subject to final tax;”].
5[(29) “income” includes any amount chargeable to tax under this Ordinance, any amount subject to
provision of this Ordinance] and any loss of income 11[***];
1 The word “notified” subs., by Finance Act, 2005, s.8(1)(f).
2 The figures, brackets and words “1980 (XXXI of 1980)” subs., by F.A. 2002,s.8(1)(i).
3 The words “by the Federal Government in the official Gazette as a financial institution” omitted by Finance Act, 2003, s. 12(1)(d).
4 Ins. by Finance Act, 2015, s.9(1)(d) (w.e.f. 1.7.2015).
5 Cl., (29) subs., by Finance Act, 2002, s.8(1)(i).
6 Ins. by Finance Act, 2003, s.12(1)(e)(i).
7 The figures, commas and word “153, 154 & 156,” subs., by Finance Act, 2005, s.8(1)(g).
8 The word “and” subs., by a comma by the Finance Act, 2014, s.7(1)(c)(i).
9 Subs., by Finance Act, 2015, s.9 (1)(e) (w.e.f. 1.7.2015).
10 Ins. by Finance Act, 2003, s.12(1)(e)(ii).
11 Omitted by Finance Act, 2014, s.7(1)(c)(iii).
24
1[(29A) “income year” means income year as defined in the repealed Ordinance;]
2[(29B) “individual Pension Account” means an account maintained by an eligible person with a
Pension Fund Manager approved under the Voluntary Pension System Rules, 2005;]
3[(29C) “Industrial undertaking” means –
(a) an undertaking which is set up in Pakistan and which employs,
(i) ten or more persons in Pakistan and involves the use of electrical energy or any other form
of energy which is mechanically transmitted and is not generated by human or animal
energy; or
(ii) twenty or more persons in Pakistan and does not involve the use of electrical energy or
any other form of energy which is mechanically transmitted and is not generated by
human or animal energy:
and which is engaged in,
(i) the manufacture of goods or materials or the subjection of goods or materials to any
process which substantially changes their original condition; or
(ii) shipbuilding; or
(iii) generation, conversion, transmission or distribution of electrical energy, or the supply of
hydraulic power; or
(iv) the working of any mine, oilwell or any other source of mineral deposits; and
1 Ins. by Finance Act, 2002, s. 8(1)(j).
2 Ins., by Finance Act, 2005, s.8(1)(h).
3 Cl. (29C) subs., by Finance Act, 2010, s.8(1)(e).
25
(b) any other industrial undertaking which the Board may by notification in the official Gazette,
specify.]
(30) “intangible” means an intangible as defined in section 24;
1[(30A) “investment company” means an investment company as defined in the NonBanking Finance
Companies (Establishment and Regulation) Rules, 2003;]
2[(30AA) “KIBOR” means Karachi Inter Bank Offered Rate prevalent on the first day of each quarter
of the financial year;]
3[(30B) “leasing company” means a leasing company as defined in the NonBanking Finance
Companies and Notified Entities Regulation, 2007;]
(31) “liquidation” in relation to a company, includes the termination of a trust;
4[(31A) “Local Government” shall have the same meaning as defined in the Punjab Local
Government Ordinance, 2001 (XIII of 2001), the Sindh Local Government Ordinance, 2001
(XXVII of 2001), the NWFP Local Government Ordinance, 2001 (XIV of 2001) and the
Balochistan Local Government Ordinance, 2001 (XVIII of 2001);]
(32) “member” in relation to an association of persons, includes a partner in a firm;
(33) “minor child” means an individual who is under the age of eighteen years at the end of a tax
year;
(34) “modaraba” means a modaraba as defined in the Modaraba Companies and Modarabas
(Floatation and Control) Ordinance, 1980 (XXXI of 1980);
1 Cl. (30A) subs., by Finance Act, 2008, s.8(1)(e).
2 Ins., by Finance Act, 2009, s.5(1)(b).
3 Cl. (30B) subs., by Finance Act, 2008, s.18(1)(f).
4 Ins., ibid. s.18(1)(g).
26
(35) “modaraba certificate” means a modaraba certificate as defined in the Modaraba Companies and
Modarabas (Floatation and Control) Ordinance, 1980 (XXXI of 1980);
1[(35A) “Mutual Fund” means a mutual fund 2[registered or approved by the Securities and Exchange
Commission of Pakistan];]
3[(35AA) “NCCPL” means National Clearing Company of Pakistan Limited, which is a company
incorporated under the Companies Ordinance, 1984 (XLVII of 1984) and licensed as “Clearing
House” by the Securities and Exchange Commission of Pakistan;]
4[(35B) “nonbanking finance company” means an NBFC as defined in the NonBanking Finance
Companies (Establishment and Regulation) Rules, 2003;]
5[(35C) “nonfiler” means a person who is not a filer;]
6[(36) “nonprofit organization” means any person other than an individual, which is —
(a) established for religious, educational, charitable, welfare or development purposes, or for the
promotion of an amateur sport;
(b) formed and registered under any law as a nonprofit organization;
(c) approved by the Commissioner for specified period, on an application made by such person in
the prescribed form and manner, accompanied by the prescribed documents and, on
requisition, such other documents as may be required by the Commissioner;
1 Ins., by Finance Act, 2002, s.8.
2 Subs., by Finance Act, 2003, s.12(I)(f).
3 Ins., by Finance Act, 2012, s.15(I).
4 Cl. (35B) subs., by Finance Act, 2008, s.18(I)(h)
5 Ins., by Finance Act, 2014, s.7(I)(d).
6 Cl. (36) subs., by Finance Act, 2002, s.8(I)(n).
27
and none of the assets of such person confers, or may confer, a private benefit to any other
person;]
(37) “nonresident person” means a nonresident person as defined in Section 81;
(38) “nonresident taxpayer” means a taxpayer who is a nonresident person;
1[(38A) “Officer of Inland Revenue” means any Additional Commissioner Inland Revenue, Deputy
Commissioner Inland Revenue, Assistant Commissioner Inland Revenue, Inland Revenue Officer,
Inland Revenue Audit Officer or any other officer however designated or appointed by the Board
for the purposes of this Ordinance;]
(39) “Originator” means Originator as defined in the Asset Backed Securitization Rules, 1999;
(40) “Pakistansource income” means Pakistansource income as defined in section 101;
2[(40A) “Pension Fund Manager” means an asset management company registered under the Non
Banking Finance Companies (Establishment and Regulations) Rules, 2003, or a life insurance
company registered under Insurance Ordinance, 2000 (XXXIX of 2000), duly authorized by the
Securities and Exchange Commission of Pakistan and approved under the Voluntary Pension
System Rules, 2005, to manage the Approved Pension Fund;]
(41) “permanent establishment” in relation to a person, means a 3[fixed] place of business through
which the business of the person is wholly or partly carried on, and includes –
(a) a place of management, branch, office, factory or workshop, [premises for soliciting orders,
warehouse, permanent sales exhibition or sales outlet,] other than a
1 Subs., by Finance Act, 2010, s. 8(I)(f).
2 Ins., by Finance Act, 2005, s. 8(I)(j).
3 Ins. by the Finance Act, 2006, s. 17(1)(d)(i).
28
liaison office except where the office engages in the negotiation of contracts (other than contracts
of purchase);
(b) a mine, oil or gas well, quarry or any other place of extraction of natural resources;
1[(ba) an agricultural, pastoral or forestry property;]
(c) a building site, a construction, assembly or installation project or supervisory activities
2[connected] with such site or project 2[but only where such site, project and its 2[connected]
supervisory activities continue for a period or periods aggregating more than ninety days within
any twelvemonths period];
(d) the furnishing of services, including consultancy services, by any person through employees or
other personnel engaged by the person for such purpose 3[***];
(e) a person acting in Pakistan on behalf of the person (hereinafter referred to as the “agent
4[“),] other than an agent of independent status acting in the ordinary course of business as such,
if the agent –
(i) has and habitually exercises an authority to conclude contracts on behalf of the other
person;
(ii) has no such authority, but habitually maintains a stockintrade or other merchandise from
which the agent regularly delivers goods or merchandise on behalf of the other person; or
(f) any substantial equipment installed, or other asset or property capable of activity giving rise to
income;
1 Ins., by Finance Act, 2003, s. 12(1)(g)(ii).
2 Ins., by Finance Act, 2006, s. 17(1)(d)(ii).
3 The words omitted by Finance Act, 2003, s. 12(1)(g)(iii).
4 The “comma” subs., by Finance Act, 2002, s. 18(1)(n).
29
(42) “person” means a person as defined in section 80;
1[(42A) “PMEX” means Pakistan Mercantile Exchange Limited a futures commodity exchange
company incorporated under the Companies Ordinance, 1984 (XLVII of 1984) and is licensed and
regulated by the Securities and Exchange Commission of Pakistan;];
(43) “precommencement expenditure” means a precommencement expenditure as defined in section
25;
(44) “prescribed” means prescribed by rules made under this Ordinance;
2[(44A) “principal officer” used with reference to a company or association of persons includes –
(a) a director, a manager, secretary, agent, accountant or any similar officer; and
(b) any person connected with the management or administration of the company or association of
persons upon whom the Commissioner has served a notice of treating him as the principal officer
thereof;]
(45) “private company” means a company that is not a public company;
3* * * * * * *
1* * * * * * *
(46) “profit on a debt” 4[whether payable or receivable, means] —
1 Ins., by Finance Act, 2015, s. 9 (1)(f) (w.e.f. 1.7.2015).
2 Ins., by Finance Act, 2003, s. 12(1)(h).
3 Clauses (45A) & (45B) omitted by Finance Act, 2008, s. 18(1)(i).
4 The word “means” subs., by Finance Act, 2003, s. 12(1)(i).
30
(a) any profit, yield, interest, discount, premium or other amount 1[,] owing under a debt, other than a
return of capital; or
(b) any service fee or other charge in respect of a debt, including any fee or charge incurred in respect
of a credit facility which has not been utilized;
(47) “public company” means —
(a) a company in which not less than fifty per cent of the shares are held by the Federal Government
2[or Provincial Government];
3[(ab) a company in which 4[not less than fifty per cent of the] shares are held by a foreign
Government, or a foreign company owned by a foreign Government 5[;]]
(b) a company whose shares were traded on a registered stock exchange in Pakistan at any time in the
tax year and which remained listed on that exchange 6[***] at the end of that year; or
7[(c) a unit trust whose units are widely available to the public and any other trust as defined in the
Trusts Act, 1882 (II of 1882);]
8[(47A) “Real Estate Investment Trust (REIT) Scheme” means a REIT Scheme as defined in the Real
Estate Investment Trust Regulations, 2008;]
1 Comma ins., by Finance Act, 2002, s. 8(1)(o).
2 Ins., by Finance Act, 2003, s. 12(1)(j)(a).
3 Ins., by Finance Act, 2003, s. 12(1)(j)(b).
4 Ins., by Finance Act, 2005, s. 8(1)(k)(i).
5 The full stop subs., by Finance Act, 2005, s. 8(1)(k)(ii).
6 The words “and was on the Central Depository System,” omitted by Finance Act, 2002, s.8(1)(p).
7 Clause (c) subs., by Finance Act, 2003, s. 12(1)(j)(c).
8 Clause (47A) subs., by Finance Act, 2015, s. 9(1)(g).
31
1[(47B)
“Real Estate Investment Trust Management Company (REITMC)” means REITMC as
defined under the Real Estate Investment Trust Regulations, 2008;]
2[“(47C) “Rental REIT Scheme” means a Rental REIT Scheme as defined under the Real Estate
Investment Trust Regulation, 2015];
(48) “recognized provident fund” means a provident fund recognized by the Commissioner in
accordance with Part I of the Sixth Schedule;
3* * * * * * *
(49) “rent” means rent as defined in subsection (2) of section 15 and includes an amount treated as
rent under section 16;
[(49A) “repealed Ordinance” means Income Tax Ordinance, 1979 (XXXI of 1979);]
(50) “resident company” means a resident company as defined in section 83;
(51) “resident individual” means a resident individual as defined in section 82;
(52) “resident person” means a resident person as defined in section 81;
(53) “resident taxpayer” means a taxpayer who is a resident person;
(54) 4[“royalty”] means any amount paid or payable, however described or computed, whether
periodical or a lump sum, as consideration for —
1 Clause (47B) subs., by Finance Act, 2008, s. 18.
2 Subs., and ins., by Finance Act, 2015, s. 9 (1)(h)(i) & (ii) (w.e.f. 1.7.2015).
3 Clause (48A) omitted by Finance Act, 2010, s. 8(1)(h).
4 The word “royalties” subs., by Finance Act, 2002, s. 8(1)(s)(i).
32
(a) the use of, or right to use any patent, invention, design or model, secret formula or process,
trademark or other like property or right;
(b) the use of, or right to use any copyright of a literary, artistic or scientific work, including films
or video tapes for use in connection with television or tapes in connection with radio
broadcasting, but shall not include consideration for the sale, distribution or exhibition of
cinematograph films;
(c) the receipt of, or right to receive, any visual images or sounds, or both, transmitted by satellite,
cable, optic fiber or similar technology in connection with television, radio or internet
broadcasting;
(d) the supply of any technical, industrial, commercial or scientific knowledge, experience or skill;
(e) the use of or right to use any industrial, commercial or scientific equipment;
(f) the supply of any assistance that is ancillary and subsidiary to, and is furnished as a means of
enabling the application or enjoyment of, any such property or right as mentioned in 1[sub
clauses] (a) through (e); 2[and]
(g) the disposal of any property or right referred to in 2[subclauses] (a) through (e);
(55) “salary” means salary as defined in section 12;
(56) “Schedule” means a Schedule to this Ordinance;
(57) “securitization” means securitization as defined in the Asset Backed Securitization Rules, 1999;
1 The word “clauses” subs., by Finance Act, 2002, s. 8(1)(s)(ii).
2 Added by Finance Act, 2005, s. 8(1)(e).
33
(58)
“share” in relation to a company, includes a modaraba certificate and the interest of a
beneficiary in a trust (including units in a trust);
(59) “shareholder” in relation to a company, includes a modaraba certificate holder, 1[a unit holder of
a unit trust] and a beneficiary of a trust;
2[(59A) “Small Company” means a company registered on or after the first day of July, 2005, under
the Companies Ordinance, 1984 (XLVII) of 1984, which,—
(i) has paid up capital plus undistributed reserves not exceeding 3[fifty] million rupees;
4[(ia) has employees not exceeding two hundred and fifty any time during the year;]
(ii) has annual turnover not exceeding two hundred 5[and fifty] million rupees; and
(iii) is not formed by the splitting up or the reconstitution of company already in existence;]
6[(59B) “Special Judge” means the Special Judge appointed under section 203;]
(60) “Special Purpose Vehicle” means a Special Purpose Vehicle as defined in the Asset Backed
Securitization Rules, 1999;
(61) “speculation business” means a speculation business as defined in section 19;
7[(61A) “stock fund” means a collective investment scheme or a mutual fund where the investible
funds are invested by way of
1 Ins., by Finance Act, 2002, for words “a unit holder of a unit trust”, s.8(I)(t).
2 Ins., by Finance Act, 2005, s.8(1)(m).
3 Subs., by Finance Act, 2015, for words “twentyfive”s.9(1)(j).
4 Ins., by Finance Act, 2007, s.20(1)(d)(i).
5 Ins., ibid., s.20(i)(d)(ii).
6 Ins., by Finance Act, 2014, s.7(1)(e).
7 Ins., by the Finance Act, 2014, s.7(1)(f).
34
equity shares in companies, to the extent of more than seventy per cent of the investment;]
(62) “stockintrade” means stockintrade as defined in section 35;
(63) “tax” means any tax imposed under Chapter II, and includes any penalty, fee or other charge or
any sum or amount leviable or payable under this Ordinance;
(64) “taxable income” means taxable income as defined in section 9;
1* * * * * * *
(66) “taxpayer” means any person who derives an amount chargeable to tax under this Ordinance,
and includes —
(a) any representative of a person who derives an amount chargeable to tax under this
Ordinance;
(b) any person who is required to deduct or collect tax under Part V of Chapter X 2[and
Chapter XII;] or
(c) any person required to furnish a return of income or pay tax under this Ordinance;
(67) “tax treaty” means an agreement referred to in section 107;
(68) “tax year” means the tax year as defined in subsection (1) of section 74 and, in relation to a
person, includes a special year or a transitional year that the person is permitted to use under
section 74;
(69) “total income” means total income as defined in section 10;
(70) “trust” means a “trust” as defined in section 80;
3[(70A) “turnover” means turnover as defined in subsection (3) of section 113;]
1 Clause (65) omitted by Finance Act, 2010, s.8(I)(h).
2 Ins., by Finance Act, 2002, s.8(1)(v).
3 Ins., by Finance Act, 2009, s.5(1)(c).
35
(71) “underlying ownership” means an underlying ownership as defined in section 98;
(72) “units” means units in a unit trust;
(73) “unit trust” means a unit trust as defined in section 80; and
1[(74) “Venture Capital Company” and “Venture Capital Fund” shall have the same meanings as are
assigned to them under the 2[NonBanking Finance 3[Companies] (Establishment and Regulation)
Rules, 2003];
4[(75) “whistleblower” means whistleblower as defined in section 227B;]
3. Ordinance to override other laws.—The provisions of this Ordinance shall apply
notwithstanding anything to the contrary contained in any other law for the time being in force.
CHAPTER II
CHARGE OF TAX
4. Tax on taxable income.— (1) Subject to this Ordinance, income tax shall be imposed for each
tax year, at the rate or rates specified in 5[Division I, IB or II] of Part I of the First Schedule, as the case may
be, on every person who has taxable income for the year.
1 Added by Finance Act, 2002, s.8(1)(w).
2 Subs., by Finance Act, 2004 for words “venture Capital Company and Venture Capital Fund Rules, 2001”, s.6(1)(c ).
3 Subs., by Finance Act, 2005 for word “company”.s.8(1)(n).
4 Added by Finance Act, 2015, s. 9(1)(k) (w.e.f. 1.7.2015).
1. The words and letters “Division 1 or II” subs., by Finance Act, 2010, s. 8(2)(a).
36
(2) The income tax payable by a taxpayer for a tax year shall be computed by applying the rate or
rates of tax applicable to the taxpayer under this Ordinance to the taxable income of the taxpayer for the year,
and from the resulting amount shall be subtracted any tax credits allowed to the taxpayer for the year.
(3) Where a taxpayer is allowed more than one tax credit for a tax year, the credits shall be applied in
the following order –
(a) any foreign tax credit allowed under section 103; then
(b) any tax credit allowed under Part X of Chapter III; and then
(c) any tax credit allowed under sections 1[***] 147 and 168.
(4) Certain classes of income (including the income of certain classes of persons) may be subject to –
(a) separate taxation as provided in sections 5, 6 and 7; or
(b) collection of tax under Division II of Part V of Chapter X or deduction of tax under Division III of
Part V of Chapter X as a final tax on the income 2[of] the person.
(5) Income referred to in subsection (4) shall be subject to tax as provided for in section 5, 6 or 7, or
Part V of Chapter X, as the case may be, and shall not be included in the computation of taxable income in
accordance with section 8 or 169, as the case may be.
3[(6) Where, by virtue of any provision of this Ordinance, income tax is to be deducted at source or
collected or paid in advance, it shall, as the case may be, be so deducted, collected or paid, accordingly 4[.] ]
5[4A.] * * * * * *
1 The figure and comma “140,” omitted by Finance Act, 2003, s. 12(2)(a).
2 The word “or” subs., by Finance Act, 2010, s. 8(2)(b).
3 Added by Finance Act, 2003, s. 12(2)(b).
4 The word “semicolon” subs., by Finance Act, 2005, s. 8(2).
5 Section (4A) omitted by Finance Act, 2014, s.7(s). Section (4A) was added by Income Tax (Amdt.) Ord., 2011 dated 30.05.2011.
37
1[4B. Super tax for rehabilitation of temporarily displaced persons. (1) A super tax shall be
imposed for rehabilitation of temporarily displaced persons, for tax year 2015, at the rates specified in
Division IIA of Part I of the First Schedule, on income of every persons specified in the said Division.
(2) For the purposes of this section, “income” shall be the sum of the following:
(i) profit on debt, dividend, capital gains, brokerage and commission;
(ii) taxable income under section (9) of this Ordinance, if not included in clause (i);
(iii) imputable income as defined in clause (28A) of section 2 excluding amounts specified in clause
(i); and
(iv) income computed under Fourth, Fifth, Seventh and Eighth Schedules.
(3) The super tax payable under subsection (1) shall be paid, collected and deposited on the date and
in the manner as specified in subsection (1) of section 137 and all provisions of Chapter X of the Ordinance
shall apply.
(4) Where the super tax is not paid by a person liable to pay it, the Commissioner shall by an order in
writing, determine the super tax payable, and shall serve upon the person, a notice of demand specifying the
super tax payable and within the time specified under section 137 of the Ordinance.
(5) Where the super tax is not paid by a person liable to pay it, the Commissioner shall recover the
super tax payable under subsection (1) and the provisions of Part IV, X, XI and XII of Chapter X and Part5 I
of Chapter XI of the Ordinance shall, so far as may be, apply to the collection of super tax as these apply to
the collection of tax under the Ordinance.
1 Ins. by Finance Act, 2015, s.9(2) (w.e.f. 1.7.2015)
38
(6) The Board may, by notification in the official Gazette, make rules for carrying out the purposes of this
section.];
5. Tax on dividends.— (1) Subject to this Ordinance, a tax shall be imposed, at the rate specified in
Division III of Part I of the First Schedule, on every person who receives a dividend from a 1[*] company 2[or
treated as dividend under clause (19) of section 2].
(2) The tax imposed under subsection (1) on a person who receives a dividend shall be computed by
applying the relevant rate of tax to the gross amount of the dividend.
(3) This section shall not apply to a dividend that is exempt from tax under this Ordinance.
3[“5A. Tax on undistributed reserves. (1) Subject to this Ordinance, a tax shall be imposed at the rate
of ten percent, on every public company other than a scheduled bank or a modaraba, that derives profits for a
tax year but does not distribute cash dividends within six months of the end of the said tax year or distributes
dividends to such an extent that its reserves, after such distribution, are in excess of hundred percent of its
paid up capital, so much of its reserves as exceed hundred percent of its paid up capital shall be treated as
income of the said company:
Provided that for tax year 2015, cash dividends may be distributed before the due date mentioned in sub
section (2) of section 118, for filing of return for tax year 2015.
(2) The provisions of subsection (1) shall not apply to
(a) a public company which distributes profit equal to either forty per cent of its after tax profits or
fifty per cent of its paid up capital, whichever is less, within six months of the end of the tax year;
(b) a company qualifying for exemption under clause (132) of Part I of the Second Schedule; and
1 The word “resident” omitted by Finance Act, 2003, s. 12(3).
2 Added by Finance Act, 2009, s.5 (2).
3 Ins., by Finance Act, 2015, s. 9 (3) (w.e.f. 1.7.2015).
39
(c) a company in which not less than fifty percent shares are held by the Government.
(3) For the purpose of this section, ‘reserve’ includes amounts setaside out of revenue or other surpluses
excluding capital reserves, share premium reserves and reserves required to be created under any law, rules or
regulations.”;
6. Tax on certain payments to nonresidents.—(1) Subject to this Ordinance, a tax shall be imposed, at
the rate specified in Division IV of Part I of the First Schedule, on every nonresident person who receives any
Pakistansource royalty or fee for technical services.
(2) The tax imposed under subsection (1) on a nonresident person shall be computed by applying the
relevant rate of tax to the gross amount of the royalty or fee for technical services.
(3) This section shall not apply to —
(a) any royalty where the property or right giving rise to the royalty is effectively connected with a
permanent establishment in Pakistan of the nonresident person;
(b) any fee for technical services where the services giving rise to the fee are rendered through a
permanent establishment in Pakistan of the nonresident person; or
(c) any royalty or fee for technical services that is exempt from tax under this Ordinance.
(4) Any Pakistanisource royalty or fee for technical services received by a nonresident person to which
this section does not apply by virtue of clause (a) or (b) of subsection (3) shall be treated as income from
business attributable to the permanent establishment in Pakistan of the person.
7. Tax on shipping and air transport income of a nonresident person.— (1) Subject to this
Ordinance, a tax shall be imposed, at the rate specified in Division V of Part I of the First Schedule, on every
nonresident person carrying on the business of operating ships or aircrafts as the owner or charterer thereof in
respect of –
40
(a) the gross amount received or receivable (whether in or out of Pakistan) for the carriage of
passengers, livestock, mail or goods embarked in Pakistan; and
(b) the gross amount received or receivable in Pakistan for the carriage of passengers, livestock, mail
or goods embarked outside Pakistan.
(2) The tax imposed under subsection (1) on a nonresident person shall be computed by applying the
relevant rate of tax to the gross amount referred to in subsection (1).
(3) This section shall not apply to any amounts exempt from tax under this Ordinance.
1[“7A. Tax on shipping of a resident person. (1) in the case of any person engaged in the business of
shipping, a presumption income tax shall be charged in the following manner, namely:
(a) ships and all floating crafts including tugs, dredgers, survey vessels and other specialized craft
purchased or bareboat chartered and flying Pakistan flag shall pay tonnage tax of an amount
equivalent to one US $ per gross registered tonnage per annum; and
(b) ships, vessels and all floating crafts including tugs, dredgers, survey vessels and other specialized
craft not registered in Pakistan and hired under any charter other than bareboat charter shall pay
tonnage tax of an amount equivalent to fifteen US cents per ton of gross registered tonnage per
chartered voyage provided that such tax shall not exceed one US $ per ton of gross registered
tonnage per annum.
Explanation. For the purpose of this section, the expression “equivalent amount” means
the rupee equivalent of a US dollar according to the exchange rate prevalent on the first day of
December in the case of a company and the first day of September in other cases in the relevant
assessment year.
1 Ins by Finance Act, 2015, s.9 (4) (w.e.f. 01.07.2015)
41
(2) The provisions of this section shall not be applicable after the 30th June, 2020;]
1[7B. Tax on profit on debt. (1) Subject to this Ordinance, a tax shall be imposed, at the rate specified in
Division IIIA of Part I of the First Schedule, on every person, other than a company, who receives a profit on
debt from any person mentioned in clauses (a) to (d) of subsection (1) of section 151.
(2) The tax imposed under subsection (1) on a person, other than a company, who receives a profit
on debt shall be computed by applying the relevant rate of tax to the gross amount of the profit on debt.
(3) This section shall not apply to a profit on debt that is exempt from tax under this Ordinance.”]
8. General provisions relating to taxes imposed under sections 5, 6 and (1) Subject to this Ordinance,
the tax imposed under Sections 5, 2[5A, 6, 7, 7A and 7B] shall be a final tax on the amount in respect of
which the tax is imposed and—
(a) such amount shall not be chargeable to tax under any head of income in computing the taxable
income of the person who derives it for any tax year;
(b) no deduction shall be allowable under this Ordinance for any expenditure incurred in deriving the
amount;
(c) the amount shall not be reduced by —
(i) any deductible allowance; or
(ii) the set off of any loss;
(d) the tax payable by a person under 3[section]5, 4[5A, 6, 7, 7A and 7B] shall not be reduced by any
tax credits allowed under this Ordinance; and
(e) the liability of a person under 5[section] 5, 6 or 7 shall be discharged to the extent that —
(i) in the case of shipping and air transport income, the tax has been paid in accordance with section
143 or 144, as the case may be; or
(ii) in any other case, the tax payable has been deducted at source under Division III of Part V of
Chapter X 5[.]
6* * * * * * *
1 Ins. by Finance Act, 2015, s. 9(5).
2 Ins by Finance Act, 2015, s.9 (6) (a) & (b) (w.e.f. 01.07.2015)
3 The word “sections” subs by the word “section” by the Finance Act, 2014, s.7(3).
4 Ins by Finance Act, 2015, s.9 (6) (a) & (b) (w.e.f. 01.07.2015)
5 Colon subs., and thereafter the proviso omitted by Finance Act, 2013, s.7(1).
42
CHAPTER III
TAX ON TAXABLE INCOME
PART I
COMPUTATION OF TAXABLE INCOME
9. Taxable income.—The taxable income of a person for a tax year shall be the total income 1[under
clause (a) of section 10] of the person for the year reduced (but not below zero) by the total of any deductible
allowances under Part IX of this Chapter of the person for the year.
10. Total Income.— The total income of a person for a tax year shall be the sum of the 2[—]
3[(a) person’s income under all heads of income for the year; and
(b) person‘s income exempt from tax under any of the provisions of this Ordinance.]
11. Heads of income.— (1) For the purposes of the imposition of tax and the computation of total
income, all income shall be classified under the following heads, namely: —
(a) Salary;
4[(b) Income from Property;
(c) Income from Business;
(d) Capital Gains; and
(e) Income from Other Sources.]
1 Ins by Finance Act, 2012, s.15(2).
2 Subs., ibid, s.15(3).
3 Added ibid, s.15(3).
4 Clauses (b), (c), (d) & (e) subs by the Finance Act, 2002, s.8(2).
nguage:ENUS;msofareastlanguage:ENUS; msobidilanguage:ARSA'>[4] The “comma” subs., by Finance Act, 2002, s. 18(1)(n).
43
(2) Subject to this Ordinance, the income of a person under a head of income for a tax year shall be
the total of the amounts derived by the person in that year that are chargeable to tax under the head as
reduced by the total deductions, if any, allowed under this Ordinance to the person for the year under that
head.
(3) Subject to this Ordinance, where the total deductions allowed under this Ordinance to a person for
a tax year under a head of income exceed the total of the amounts derived by the person in that year that are
chargeable to tax under that head, the person shall be treated as sustaining a loss for that head for that year of
an amount equal to the excess.
(4) A loss for a head of income for a tax year shall be dealt with in accordance with Part VIII of this
Chapter.
(5) The income of a resident person under a head of income shall be computed by taking into account
amounts that are Pakistansource income and amounts that are foreignsource income.
(6) The income of a nonresident person under a head of income shall be computed by taking into
account only amounts that are Pakistansource income.
PART II
HEAD OF INCOME: SALARY
12. Salary.— (1) Any salary received by an employee in a tax year, other than salary that is exempt
from tax under this Ordinance, shall be chargeable to tax in that year under the head “salary”.
(2) Salary means any amount received by an employee from any employment, whether of a revenue
or capital nature, including —
(a) any pay, wages or other remuneration provided to an employee, including leave pay, payment in
lieu of leave, overtime payment, bonus, commission, fees, gratuity or work condition supplements
(such as for unpleasant or dangerous working conditions) 1[:]
1 Semicolon subs by the Finance Act,2015, s.9(7).
44
1* * * * * * *
(b) any perquisite, whether convertible to money or not;
(c) the amount of any allowance provided by an employer to an employee including a cost of living,
subsistence, rent, utilities, education, entertainment or travel allowance, but shall not include any
allowance solely expended in the performance of the employee‘s duties of employment;
(d) the amount of any expenditure incurred by an employee that is paid or reimbursed by the
employer, other than expenditure incurred on behalf of the employer in the performance of the
employee‘s duties of employment;
(e) the amount of any profits in lieu of, or in addition to, salary or wages, including any amount
received —
(i) as consideration for a person‘s agreement to enter into an employment relationship;
(ii) as consideration for an employee‘s agreement to any conditions of employment or any
changes to the employee‘s conditions of employment;
(iii) on termination of employment, whether paid voluntarily or under an agreement, including
any compensation for redundancy or loss of employment and golden handshake
payments;
(iv) from a provident or other fund, to the extent to which the amount is not a repayment of
contributions made by the employee to the fund in respect of which the employee was not
entitled to a deduction; and
1 Proviso omitted by the Finance Act, 2015, s.9 (7) (w.e.f. 01.07.2015)
45
(v) as consideration for an employee‘s agreement to a restrictive covenant in respect of any past,
present or prospective employment;
(f) any pension or annuity, or any supplement to a pension or annuity; and
(g) any amount chargeable to tax as “salary” under section 14.
(3) Where an employer agrees to pay the tax chargeable on an employee‘s salary, the amount of the
employee‘s income chargeable under the head “salary” shall be grossed up by the amount of tax payable by
the employer.
(4) No deduction shall be allowed for any expenditure incurred by an employee in deriving amounts
chargeable to tax under the head “salary”.
(5) For the purposes of this Ordinance, an amount or perquisite shall be treated as received by an
employee from any employment regardless of whether the amount or perquisite is paid or provided —
(a) by the employee‘s employer, an associate of the employer, or by a third party under an
arrangement with the employer or an associate of the employer;
(b) by a past employer or a prospective employer; or
(c) to the employee or to an associate of the employee 1[or to a third party under an agreement with
the employee or an associate of the employee.]
(6) An employee who has received an amount referred to in subclause (iii) of clause (e) of sub
section (2) in a tax year may, by notice in writing to the Commissioner, elect for the amount to be taxed at the
rate computed in accordance with the following formula, namely: —
A/B%
1 Ins. by the Finance Act, 2002, s. 8(3).
46
where —
A is the total tax paid or payable by the employee on the employee‘s total taxable income for the
three preceding tax years; and
B is the employee‘s total taxable income for the three preceding tax years.
(7) Where —
(a) any amount chargeable under the head “salary” is paid to an employee in arrears; and
(b) as a result the employee is chargeable at higher rates of tax than would have been applicable if the
amount had been paid to the employee in the tax year in which the services were rendered,
the employee may, by notice in writing to the Commissioner, elect for the amount to be taxed at the rates of
tax that would have been applicable if the salary had been paid to the employee in the tax year in which the
services were rendered.
(8) An election under subsection (6) or (7) shall be made by the due date for furnishing the
employee‘s return of income or employer certificate, as the case may be, for the tax year in which the amount
was received or by such later date as the Commissioner may allow.
13. Value of perquisites.— (1) For the purposes of computing the income of an employee for a tax year
chargeable to tax under the head “salary”, the value of any perquisite provided by an employer to the
employee in that year that is included in the employee‘s salary under section 12 shall be determined in
accordance with this section.
(2) This section shall not apply to any amount referred to in clause (c) or (d) of subsection (2) of
section 12.
1[(3) Where, in a tax year, a motor vehicle is provided by an employer to an employee wholly or partly
for the private use of the employee,
1 Subs by the Finance Act, 2002, s. 8(3).
47
the amount chargeable to tax to the employee under the head “salary” for that year shall include an
amount computed as may be prescribed.]
1(4) * * * * * *
(5) Where, in a tax year, the services of a housekeeper, driver, gardener or other domestic assistant is
provided by an employer to an employee, the amount chargeable to tax to the employee under the head
“Salary” for that year shall include the total salary paid to the domestic assistant 2[such house keeper, driver,
gardener or other domestic assistant] in that year for services rendered to the employee, as reduced by any
payment made 3[to the employer] for such services.
(6) Where, in a tax year, utilities are provided by an employer to an employee, the amount chargeable
to tax to the employee under the head “Salary” for that year shall include the fair market value of the utilities
provided, as reduced by any payment made by the employee for the utilities.
4[(7) Where a loan is made, on or after the 1st day of July, 2002, by an employer to an employee and
either no profit on loan is payable by the employee or the rate of profit on loan is less than the benchmark
rate, the amount chargeable to tax to the employee under the head “salary” for a tax year shall include an
amount equal to—
(a) the profit on loan computed at the benchmark rate, where no profit on loan is payable by the
employee, or
(b) the difference between the amount of profit on loan paid by the employee in that tax year and the
amount of profit on loan computed at the benchmark rate, as the case may be 5[:] ]
6[Provided that this subsection shall not apply to such benefit arising to an employee due to waiver
of interest by such employee on his account with the employer 7[:] ]
1 Subsection (4) omitted by the Finance Act, 2002, s. 8(4)(b).
2 The word “domestic assistant” subs by the Finance Act, 2002, s. 8(4)(c)(i).
3 The word “by the employee” subs by the Finance Act, 2002, s. 8(4)(c)(ii).
4 Subsection (7) subs by the Finance Act, 2002, s. 8(4)(d).
5 Full stop subs by the Finance Act, 2010, s.8(3).
6 Added by Finance Act, 2010, s. 8(3).
7 Full stop subs by the Finance Act, 2012, s. 15(4)(a).
48
1[Provided further that this subsection shall not apply to loans not exceeding five hundred thousand
rupees.]
(8) For the purposes of this Ordinance not including subsection (7), where the employee uses a loan
referred to in subsection (7) wholly or partly for the acquisition of 2[any asset or property] producing income
chargeable to tax under any head of income, the employee shall be treated as having paid an amount as profit
equal to the benchmark rate on the loan or that part of the loan used to acquire 3[*] 4[any asset or property.]
(9) Where, in a tax year, an obligation of an employee to pay or repay an amount owing by the
employee to the employer is waived by the employer, the amount chargeable to tax to the employee under the
head “salary” for that year shall include the amount so waived.
(10) Where, in a tax year, an obligation of an employee to pay or repay an amount 4[owing] by the
employee to another person is paid by the employer, the amount chargeable to tax to the employee under the
head “salary” for that year shall include the amount so paid.
(11) Where, in a tax year, property is transferred or services are provided by an employer to an
employee, the amount chargeable to tax to the employee under the head “salary” for that year shall include
the fair market value of the property or services determined at the time the property is transferred or the
services are provided, as reduced by any payment made by the employee for the property or services.
5[(12) Where, in the tax year, accommodation or housing is provided by an employer to an employee, the
amount chargeable to tax to the employee under the head “salary" for that year shall include an amount
computed as may be prescribed.]
(13) Where, in a tax year, an employer has provided an employee with a perquisite which is not
covered by subsections (3) through (12), the amount chargeable to tax to the employee under the head
“salary” for that
1 Added ibid, s. 15 (4)(a).
2 The word “property” subs., by the Finance Act, 2002, s. 8(4)(e).
3 The word “the” omitted by the Finance Act, 2014, s. 7(4).
4 The word “owed” subs., by word “owing” by the Finance Act, 2002, s. 8(4)(f).
5 Subsection (12) subs ibid, s. 8(4)(g).
49
year shall include the fair market value of the perquisite, 1[except where the rules, if any, provide
otherwise,] determined at the time it is provided, as reduced by any payment made by the
employee for the perquisite.
2[(14) In this section,—
(a) “benchmark rate” means —
(i) for the tax year commencing on the first day of July, 2002, a rate of five per cent per annum; and
(ii) for the tax years next following the tax year referred to in subclause (i), the rate for each
successive year taken at one per cent above the rate applicable for the immediately preceding tax
year, but not exceeding [ten per cent per annum] in respect of any tax year;
(b) “services” includes the provision of any facility; and
(c) “utilities” includes electricity, gas, water and telephone.]
14. Employee share schemes.— (1) The value of a right or option to acquire shares under an
employee share scheme granted to an employee shall not be chargeable to tax.
(2) Subject to subsection (3), where, in a tax year, an employee is issued with shares under an
employee share scheme including as a result of the exercise of an option or right to acquire the shares, the
amount chargeable to tax to the employee under the head “salary” for that year shall include the fair market
value of the shares determined at the date of issue, as reduced by any consideration given by the employee
for the shares including any amount given as consideration for the grant of a right or option to acquire the
shares.
(3) Where shares issued to an employee under an employee share scheme are subject to a restriction
on the transfer of the shares —
(a) no amount shall be chargeable to tax to the employee under the head “salary” until the earlier of
—
(i) the time the employee has a free right to transfer the shares; or
(ii) the time the employee disposes of the shares; and
(b) the amount chargeable to tax to the employee shall be the fair market value of the shares at the
time the employee has a free right to transfer the shares or disposes of the shares, as the case may
be, as reduced by any consideration given by the employee for the shares including any amount
given as consideration for the grant of a right or option to acquire the shares.
(4) For purposes of this Ordinance, where subsection (2) or (3) applies, the cost of the shares to the
employee shall be the sum of —
1 Ins., by Finance Act, 2002, s. 8(4)(h).
2 The word “such rate, if any, as the Federal Government may, by notification, specify” subs by the Finance Act, 2012, s. 15(4)(b).
50
(a) the consideration, if any, given by the employee for the shares;
(b) the consideration, if any, given by the employee for the grant of any right or option to acquire the
shares; and
(c) the amount chargeable to tax under the head “salary” under those subsections.
(5) Where, in a tax year, an employee disposes of a right or option to acquire shares under an
employee share scheme, the amount chargeable to tax to the employee under the head “salary” for that year
shall include the amount of 36 any gain made on the disposal computed in accordance with the following
formula, namely:—
A—B
where —
A is the consideration received for the disposal of the right or option; and
B is the employee‘s cost in respect of the right or option.
(6) In this subsection, “employee share scheme” means any agreement or arrangement under which a
company may issue shares in the company to —
(a) an employee of the company or an employee of an associated company; or
(b) the trustee of a trust and under the trust deed the trustee may transfer the shares to an employee of
the company or an employee of an associated company.
PART III
HEAD OF INCOME: INCOME FROM PROPERTY
15. Income from property.— (1) The rent received or receivable by a person 1[for] a tax year, other
than rent exempt from tax under this Ordinance, shall be chargeable to tax in that year under the head
“Income from Property”.
(2) Subject to subsection (3), “rent” means any amount received or receivable by the owner of land
or a building as consideration for the use or occupation of, or the right to use or occupy, the land or building,
and includes any forfeited deposit paid under a contract for the sale of land or a building.
(3) This section shall not apply to any rent received or receivable by any person in respect of the
lease of a building together with plant and machinery and such rent shall be chargeable to tax under the head
“Income from Other Sources”.
2[(3A) Where any amount is included in rent received or receivable by any person for the provision of
amenities, utilities or any other service connected with the renting of the building, such amount shall be
chargeable to tax under the head “Income from other sources”.]
1 Subs for the word “In” by the Finance Act, 2003, s. 12(4)(a).
2 Ins., by Finance Act, 2003, s. 12(4)(b).
51
(4) Subject to subsection (5), where the rent received or receivable by a person is less than the fair
market rent for the property, the person shall be treated as having derived the fair market rent for the period
the property is let on rent in the tax year.
(5) Subsection (4) shall not apply where the fair market rent is included in the income of the lessee
chargeable to tax under the head “salary”.
1* * * * * * *
2* * * * * * *
2[15A. Deductions in computing income chargeable under the head “Income from Property”.— (1)
In computing the income of a person chargeable to tax under the head “income from property” for a tax year,
a deduction shall be allowed for the following expenditures or allowances, namely:
(a) respect of repairs to a building, an allowance equal to onefifth of the rent chargeable to tax in
respect of the building for the year, computed before any deduction allowed under this section;
(b) any premium paid or payable by the person in the year to insure the building against the risk of
damage or destruction;
(c) any local rate, tax, charge or cess in respect of the property or the rent from the property paid or
payable by the person to any local authority or government in the year, not being any tax payable
under this Ordinance;
(d) any ground rent paid or payable by the person in the year in respect of the property;
(e) any profit paid or payable by the person in the year on any money borrowed including by way of
mortgage, to acquire, construct, renovate, extend or reconstruct the property;
(f) where the property has been acquired, constructed, renovated, extended, or reconstructed by the
person with capital contributed by the House Building Finance Corporation or a
1 Subsections (6) and (7) omitted by the Finance Act, 2013, s. 7(2).
2 Ins., ibid, s. 7(3).
52
scheduled bank under a scheme of investment in property on the basis of sharing the rent made by
the Corporation or bank, the share in rent and share towards appreciation in the value of property
(excluding the return of capital, if any) from the property paid or payable by the person to the said
Corporation or the bank in the year under that scheme;
(g) where the property is subject to mortgage or other capital charge, the amount of profit or interest
paid on such mortgage or charge;
1[(h) any expenditure, not exceeding six per cent of the rent chargeable to tax in respect of the
property for the year computed before any deduction allowed under this section, paid or payable
by the person in the year wholly and exclusively for the purpose of deriving rent chargeable to tax
under the head, “income from property” including administration and collection charges;];
(i) any expenditure paid or payable by the person in the tax year for legal services acquired to defend
the person‘s title to the property or any suit connected with the property in a court; and
(j) where there are reasonable grounds for believing that any unpaid rent in respect of the property is
irrecoverable, an allowance equal to the unpaid rent where —
(i) the tenancy was bona fide, the defaulting tenant has vacated the property or steps have been taken
to compel the tenant to vacate the property and the defaulting tenant is not in occupation of any
other property of the person;
(ii) the person has taken all reasonable steps to institute legal proceedings for the recovery of the
unpaid rent or has reasonable grounds to believe that legal proceedings would be useless; and
(iii) the unpaid rent has been included in the income of the person chargeable to tax under the head
“Income
1 Subs by the Finance Act, 2015, s.9(8) (w.e.f. 01.07.2015)
53
from Property” for the tax year in which the rent was due and tax has been duly paid on such
income.
(2) Where any unpaid rent allowed as a deduction under clause (j) of subsection (1) is wholly or
partly recovered, the amount recovered shall be chargeable to tax in the tax year in which it is recovered.
(3) Where a person has been allowed a deduction for any expenditure incurred in deriving rent
chargeable to tax under the head “Income from property” and the person has not paid the liability or a part of
the liability to which the deduction relates within three years of the end of the tax year in which the deduction
was allowed, the unpaid amount of the liability shall be chargeable to tax under the head “Income from
Property” in the first tax year following the end of the three years.
(4) Where an unpaid liability is chargeable to tax as a result of the application of subsection (3) and
the person subsequently pays the liability or a part of the liability, the person shall be allowed a deduction for
the amount paid in the tax year in which the payment is made.
(5) Any expenditure allowed to a person under this section as a deduction shall not be allowed as a
deduction in computing the income of the person chargeable to tax under any other head of income.
(6) The provisions of section 21 shall apply in determining the deductions allowed to a person under this
section in the same manner as they apply in determining the deductions allowed in computing the income of a
person chargeable to tax under the head “Income from business”.]
16. Nonadjustable amounts received in relation to buildings.— (1) Where the owner of a building
receives from a tenant an amount which is not adjustable against the rent payable by the tenant, the amount
shall be treated as rent chargeable to tax under the head “income from property” in the tax year in which it
was received and the following nine tax years in equal proportion.
(2) Where an amount (hereinafter referred to as the “earlier amount”) referred to in subsection (1) is
refunded by the owner to the tenant on termination of the tenancy before the expiry of ten years, no portion
of the amount shall be allocated to the tax year in which it is refunded or to any subsequent tax year except as
provided for in subsection (3).
(3) Where the circumstances specified in subsection (2) occur and the owner lets out the building or
part thereof to another person (hereinafter referred to as the “succeeding tenant”) and receives from the
succeeding tenant any amount (hereinafter referred to as the “succeeding amount”) which is not adjustable
against the rent payable by the succeeding tenant, the succeeding amount as reduced by such portion of the
earlier amount as was charged to tax shall be treated as rent chargeable to tax under the head “Income from
Property” as specified in subsection (1).
1* * * * * * *
54
PART IV
HEAD OF INCOME: INCOME FROM BUSINESS
Division I
Income from Business
18. Income from business.— (1) The following incomes of a person for a tax year, other than income
exempt from tax under this Ordinance, shall be chargeable to tax under the head “income from business”—
(a) the profits and gains of any business carried on by a person at any time in the year;
(b) any income derived by any trade, professional or similar association from the sale of goods or
provision of services to its members;
(c) any income from the hire or lease of tangible movable property;
(d) the fair market value of any benefit or perquisite, whether convertible into money or not, derived
by a person in the course of, or by virtue of, a past, present, or prospective business relationship
1[.]
2[Explanation.—For the purposes of this clause, it is declared that the word “benefit” includes
any benefit derived by way of waiver of profit on debt or the debt itself under the State Bank of
Pakistan Banking Policy Department‘s Circular No.29 of 2002 or in any other scheme issued by
the State Bank of Pakistan;]
(e) any management fee derived by a management company (including a modaraba 3[management
company] ). ]
(2) Any profit on debt derived by a person where the person’s business is to derive such income shall
be chargeable to tax under the head “Income from Business” and not under the head “Income from Other
Sources”.
1 The semicolon and the word “and” subs by the Finance Act, 2011, s. 6(2).
2 Ins ibid, s. 6(2).
3 Ins by the Finance Act, 2002, s. 8 (6).
55
1[(3) Where a 2[lessor], being a scheduled bank or an investment bank or a development finance
institution or a modaraba or a leasing company has leased out any asset, whether owned by it or not, to
another person, any amount paid or payable by the said person in connection with the lease of said asset shall
be treated as the income of the said 5[lessor] and shall be chargeable to tax under the head “Income from
business”.]
3[(4) Any amount received by a banking company or a nonbanking finance company, where such
amount represents distribution by a mutual fund 4[or a Private Equity and Venture Capital Fund] out of its
income from profit on debt, shall be chargeable to tax under the head “Income from Business” and not under
the head “Income from other sources”.]
19. Speculation business. —(1) Where a person carries on a speculation business –
(a) that business shall be treated as distinct and separate from any other business carried on 5[by] the
person;
(b) this Part shall apply separately to the speculation business and the other business of the person; b
head “Income from Business” for that year; and
(e) any loss of the person arising from the speculation business sustained for a tax year computed in
accordance with this Part shall be dealt with under section 58.
(2) In this section, “speculation business” means any business in which a contract for the purchase and
sale of any commodity (including 6[stocks] and shares) is periodically or ultimately settled otherwise than by
the actual delivery or transfer of the commodity, but does not include a business in which —
1 Added by the Finance Act, 2003, s. 12(6).
2 The word “lesser” subs by the word “lessor” by the Finance Act, 2014, s.7(5).
3 Added by Finance Act, 2003, s.12(6).
4 Ins by the Finance Act, 2007, s.20(2).
5 Ins by the Finance Act, 2002
6 The word “stock” subs by the Finance Act, 2005
56
(a) a contract in respect of raw materials or merchandise is entered into by a person in the course of a
manufacturing or mercantile business to guard against loss through future price fluctuations for the
purpose of fulfilling the person‘s other contracts for the actual delivery of the goods to be
manufactured or merchandise to be sold;
(b) a contract in respect of stocks and shares is entered into by a dealer or investor therein to guard
against loss in the person‘s holding of stocks and shares through price fluctuations; or
(c) a contract is entered into by a member of a forward market or stock exchange in the course of any
transaction in the nature of jobbing 1[arbitrage] to guard against any loss which may arise in the
ordinary course of the person’s business as such member.
Division II
Deductions: General Principles
20. Deductions in computing income chargeable under the head “Income from business”.— (1)
Subject to this Ordinance, in computing the income of a person chargeable to tax under the head “Income
from business” for a tax year, a deduction shall be allowed for any expenditure incurred by the person in the
year 2[wholly and exclusively for the purposes of business].
3[(1A) Subject to this Ordinance, where animals which have been used for the purposes of the business or
profession otherwise than as stockintrade and have died or become permanently useless for such purposes,
the difference between the actual cost to the taxpayer of the animals and the amount, if any, realized in
respect of the carcasses or animals.]
(2) Subject to this Ordinance, where the expenditure referred to in subsection (1) is incurred in acquiring
a depreciable asset or an intangible
1 The word “arbitrate” subs ibid
2 The word “to the extent the expenditure is incurred in deriving income from business chargeable to tax” subs by the Finance Act, 2004, s. 6(2).
3 Ins., by the Finance Act, 2009, 5(4).
57
with a useful life of more than one year or is precommencement expenditure, the person must depreciate or
amortise the expenditure in accordance with sections 22, 23, 24 and 25.
1[(3) Subject to this Ordinance, where any expenditure is incurred by an amalgamated company on
legal and financial advisory services and other administrative cost relating to planning and
implementation of amalgamation, deduction shall be allowed for such expenditure.]
21. Deductions not allowed.—Except as otherwise provided in this Ordinance, no deduction shall be
allowed in computing the income of a person under the head “Income from business” for —
(a) any cess, rate or tax paid or payable by the person in Pakistan or a foreign country that is levied on
the profits or gains of the business or assessed as a percentage or otherwise on the basis of such
profits or gains;
(b) any amount of tax deducted under Division III of Part V of Chapter X from an amount derived by
the person;
(c) any salary, rent, brokerage or commission, profit on debt, payment to nonresident, payment for
services or fee paid by the person from which the person is required to deduct tax under Division
III of Part V of Chapter X or section 233 of chapter XII, 2[unless] the person has 3[paid or]
deducted and paid the tax as required by Division IV of Part V of Chapter X;
(d) any entertainment expenditure in excess of such limits 4[or in violation of such conditions] as may
be prescribed;
(e) any contribution made by the person to a fund that is not a recognized provident fund 5[,]
6[approved pension
1 Added by the Finance Act, 2002, s.8(8).
2 The word “until’ subs by the Finance Act, 2003, s.12(7)(a)(i).
3 Ins by the Finance Act, 2003, s.12(7)(a)(ii).
4 Ins ibid, s. 12(7)(b).
5 Ins by Finance Act, 2014, s.7(6).
6 Ins by Finance Act, 2005, s.8(4).
58
fund], approved superannuation fund or approved gratuity fund;
(f) any contribution made by the person to any provident or other fund established for the benefit of
employees of the person, unless the person has made effective arrangements to secure that tax is
deducted under section 149 from any payments made by the fund in respect of which the recipient
is chargeable to tax under the head "salary";
(g) any fine or penalty paid or payable by the person for the violation of any law, rule or regulation;
(h) any personal expenditures incurred by the person;
(i) any amount carried to a reserve fund or capitalised in any way;
(j) any profit on debt, brokerage, commission, salary or other remuneration paid by an association of
persons to a member of the association;
1* * * * * * *
2[(l) any expenditure for a transaction, paid or payable under a single account head which, in
aggregate, exceeds fifty thousand rupees, made other than by a crossed cheque drawn on a bank
or by crossed bank draft or crossed pay order or any other crossed banking instrument showing
transfer of amount from the business bank account of the taxpayer:
Provided that online transfer of payment from the business account of the payer to the business account of
payee as well as payments through credit card shall be treated as transactions through the banking channel,
subject to the condition that such
1 Clause (k) omitted by the Finance Act, 2006, s. 17(4)(i).
2 Clause (I) subs ibid, s. 17(4)(ii).
59
transactions are verifiable from the bank statements of the respective payer and the payee:
Provided further that this clause shall not apply in the case of—
(a) expenditures not exceeding ten thousand rupees;
(b) expenditures on account of —
(i) utility bills;
(ii) freight charges;
(iii) travel fare;
(iv) postage; and
(v) payment of taxes, duties, fee, fines or any other statutory obligation;]
(m) any salary paid or payable exceeding 1[fifteen] thousand rupees per month other than by a
crossed cheque or direct transfer of funds to the employee‘s bank account; and
(n) except as provided in Division III of this Part, any expenditure paid or payable of a capital nature.
Division III
Deductions: Special Provisions
22. Depreciation.— (1) Subject to this section, a person shall be allowed a deduction for the
depreciation of the person‘s depreciable assets used in the person‘s business in the tax year.
(2) Subject to 2[subsection] (3) 3[**], the depreciation deduction for a tax year shall be computed by
applying the rate specified in Part I of the
1 The word “ten” subs by the Finance Act, 2008, s. 18(2).
2 The word “subsection” subs by the Finance Act, 2005, 8(5)(a).
3 The word, brackets and figures “and (4)” omitted by the Finance Act, 2004, s.6(4)(a).
60
Third Schedule against the written down value of the asset at the beginning of the year.
(3) Where a depreciable asset is used in a tax year partly in deriving income from business chargeable
to tax and partly for another use, the deduction allowed under this section for that year shall be restricted to
the fair proportional part of the amount that would be allowed if the asset 1[was] wholly used to 2[derive]
income from business chargeable to tax.
3* * * * * * *
(5) The written down value of a depreciable asset of a person at the beginning of the tax year shall be
–—
(a) where the asset was acquired in the tax year, the cost of the asset to the person as reduced by any
initial allowance in respect of the asset under section 23; or
(b) in any other case, the cost of the asset to the person as reduced by the total depreciation
deductions (including any initial allowance under section 23) allowed to the person in respect of
the asset in previous tax years.
(6) Where subsection (3) applies to a depreciable asset for a tax year, the written down value of the
asset shall be computed on the basis that the asset has been solely used to derive income from business
chargeable to tax.
(7) The total deductions allowed to a person during the period of ownership of a depreciable asset
under this section and section 23 shall not exceed the cost of the asset.
(8) Where, in any tax year, a person disposes of a depreciable asset, no depreciation deduction shall
be allowed under this section for that year and —
(a) if the consideration received exceeds the written down value of the asset at the time of disposal,
the excess
1 The word “were” subs by the Finance Act, 2010, s. 8(4).
2 The word “derived” subs by the Finance Act, 2003, s. 12(8).
3 Subsection (4) omitted by the Finance Act, 2004, s. 6(4)(b).
61
shall be chargeable to tax in that year under the head “Income from business”; or
(b) if the consideration received is less than the written down value of the asset at the time of disposal,
the difference shall be allowed as a deduction in computing the person‘s income chargeable
under the head “Income from business” for that year.
(9) Where subsection (3) applies, the written down value of the asset for the purposes of sub
section (8) shall be increased by the amount that is not allowed as a deduction as a result of the application of
subsection (3).
(10) Where clause (a) of subsection (13) applies, the 1[consideration received on disposal] of the
passenger transport vehicle for the purposes of subsection (8) shall be computed according to the following
formula —
A x B/C
where –
A is the 2[amount] received on disposal of the vehicle;
B is the amount referred to in clause (a) of subsection (13); and
C is the actual cost of acquiring the vehicle.
(11) Subject to subsections (13) and (14), the rules in Part III of Chapter IV shall apply in determining
the cost and consideration received in respect of a depreciable asset for the purposes of this section.
3[(12) The depreciation deductions allowed to a leasing company or an investment bank or a modaraba or
a scheduled bank or a development finance institution in respect of assets owned by the leasing company or
an investment bank or a modaraba or a scheduled bank or a development finance institution and leased to
another person shall be deductible only against the lease rental income derived in respect of such assets.]
(13) For the purposes of this section, —
1 The words “written down value’ subs by the Finance Act, 2004, s. 6(4)(c)(i).
2 The word “consideration” subs by the Finance Act, 2004, s. 6(4)(c)(ii).
3 Subsection (12) subs by the Finance Act, 2002, s. 8(10)(a).
62
(a) the cost of a depreciable asset being a passenger transport vehicle not plying for hire shall not
exceed 1[two] 2[and half] million rupees;
3* * * * * * *
(b) the cost of immovable property or a structural improvement to immovable property shall not
include the cost of the land;
4[(c) any asset owned by a leasing company or an investment bank or a modaraba or a scheduled bank
or a development finance institution and leased to another person is treated as used in the leasing
company or the investment bank or the modaraba or the scheduled bank or the development
finance institution‘s business; and]
(d) where the consideration received on the disposal of immovable property exceeds the cost of the
property, the consideration received shall be treated as the cost of the property.
(14) Where a depreciable asset that has been used by a person in Pakistan is exported or transferred
out of Pakistan, the person shall be treated as having disposed of the asset at the time of the export or transfer
for a consideration received equal to the cost of the asset.
(15) In this section, —
“depreciable asset” means any tangible movable property, immovable property (other than
unimproved land), or structural improvement to immovable property, owned by a person that —
(a) has a normal useful life exceeding one year;
1 The word “one” subs by the Finance Act, 2012, s.15 (5).
2 Ins., by Finance Act, 2009, s. 5(5)(a).
3 Proviso omitted ibid., s. 5(5)(a).
4 Clause ( c) subs by the Finance Act, 2002, s. 8(10)(b)(ii).
63
(b) is likely to lose value as a result of normal wear and tear, or obsolescence; and
(c) is used wholly or partly by the person in deriving income from business chargeable to tax,
but shall not include any tangible movable property, immovable property, or structural improvement
to immovable property in relation to which a deduction has been allowed under another section of
this Ordinance for the entire cost of the property or improvement in the tax year in which the
property is acquired or improvement made by the person; and
“structural improvement” in relation to immovable property, includes any building, road, driveway,
car park, railway line, pipeline, bridge, tunnel, airport runway, canal, dock, wharf, retaining wall,
fence, power lines, water or sewerage pipes, drainage, landscaping or dam.
23. Initial allowance.— (1) A person who places an eligible depreciable asset into service in Pakistan
for the first time in a tax year shall be allowed a deduction (hereinafter referred to as an “initial allowance”)
computed in accordance with subsection (2), provided the asset is 1[used by the person for the purposes of
his business for the first time or the tax year in which commercial production is commenced, whichever is
later].
(2) The amount of the initial allowance of a person shall be computed by applying the rate specified in
Part II of the Third Schedule against the cost of the asset.
(3) The rules in section 76 shall apply in determining the cost of an eligible depreciable asset for the
purposes of this section.
2[(4) A deduction allowed under this section to a leasing company or an investment bank or a modaraba
or a scheduled bank or a development finance institution in respect of assets owned by the leasing company or
the investment bank or the modaraba or the scheduled bank or the development
1 Subs for “wholly and exclusively used by the person in deriving income from business chargeable to tax” by the Finance Act, 2004, s.6(5).
2 Subsection (4) subs by the Finance Act, 2002, s.8(11).
64
finance institution and leased to another person shall be deducted only against the leased rental income
derived in respect of such assets.]
(5) In this section, “eligible depreciable asset” means a depreciable asset 1[***] other than —
(a) any road transport vehicle unless the vehicle is plying for hire;
(b) any furniture, including fittings;
(c) any plant or machinery 2[that has been used previously in Pakistan]; or
(d) any plant or machinery in relation to which a deduction has been allowed under another section of
this Ordinance for the entire cost of the asset in the tax year in which the asset is acquired.
3[23A.
First Year Allowance.— (1) Plant, machinery and equipment installed by any industrial
undertaking set up in specified rural and under developed areas, 4[or engage in the manufacturing of cellular
phones and qualifying for exemption under clause (126N) of Part I of the Second Schedule] and owned and
managed by a company shall be allowed first year allowance in lieu of initial allowance under section 23 at
the rate specified in Part II of the Third Schedule against the cost of the “eligible depreciable assets” put to
use after July 1, 2008.
(2) The provisions of section 23 except subsections (1) and (2) thereof, shall mutatis mutandis apply.
(3) The Federal Government may notify “specified areas” for the purposes of subsection (1).]\
5[23B.
Accelerated depreciation to alternate energy projects.— (1) Any plant, machinery and
equipments installed for generation of alternate energy
1 The words and comma “that is plant and machinery,” omitted by the Finance Act, 2003, s.12(9)(a).
2 The words “that is acquired second hand” subs., by the Finance Act, 2003, s. 12(9)(b).
3 Ins., by the Finance Act, 2008, s. 18(3).
4 Ins., by the Finance Act, 2015, s.9, (9) (w.e.f. 01.07.2015)
5 Ins., by the Finance Act, 2009, s. 5(6).
65
by an industrial undertaking set up anywhere in Pakistan and owned and managed by a company shall be
allowed first year allowance in lieu of initial allowance under section 23, at the rate specified in Part II of the
Third Schedule against the cost of the eligible depreciation assets put to use after first day of July, 2009.
(2) The provisions of section 23 except subsections (1) and (2) thereof, shall mutatis mutandis apply.]
24. Intangibles.— (1) A person shall be allowed an amortisation deduction in accordance with this
section in a tax year for the cost of the person‘s intangibles–
(a) that are wholly or partly used by the person in the tax year in deriving income from business
chargeable to tax; and
(b) that have a normal useful life exceeding one year.
(2) No deduction shall be allowed under this section where a deduction has been allowed under
another section of this Ordinance for the entire cost of the intangible in the tax year in which the intangible is
acquired.
(3) Subject to subsection (7), the amortization deduction of a person for a tax year shall be computed
according to the following formula, namely:—
where —
A is the cost of the intangible; and
B is the normal useful life of the intangible in whole years.
(4) An intangible —
(a) with a normal useful life of more than ten years; or
(b) that does not have an ascertainable useful life,
shall be treated as if it had a normal useful life of ten years.
66
(5) Where an intangible is used in a tax year partly in deriving income from business chargeable to tax
and partly for another use, the deduction allowed under this section for that year shall be restricted to the fair
proportional part of the amount that would be allowed if the intangible were wholly used to derive income
from business chargeable to tax.
(6) Where an intangible is not used for the whole of the tax year in deriving income from business
chargeable to tax, the deduction allowed under this section shall be computed according to the following
formula, namely: —
A x B/C
where —
A is the amount of 1[amortization] computed under subsection (3) or (5), as the case may be;
B is the number of days in the tax year the intangible is used in deriving income from business
chargeable to tax; and
C is the number of days in the tax year.
(7) The total deductions allowed to a person under this section in the current tax year and all previous
tax years in respect of an intangible shall not exceed the cost of the intangible.
(8) Where, in any tax year, a person disposes of an intangible, no amortisation deduction shall be
allowed under this section for that year and —
(a) if the consideration received by the person exceeds the written down value of the intangible at the
time of disposal, the excess shall be income of the person chargeable to tax in that year under the
head “Income from business”; or
(b) if the consideration received is less than the written down value of the intangible at the time of
disposal, the difference shall be allowed as a deduction in computing the person‘s income
chargeable under the head “Income from business” in that year.
1 The word “deprecation’ subs by the Finance Act, 2002, s. 8(12).
67
(9) For the purposes of subsection (8) —
(a) the written down value of an intangible at the time of disposal shall be the cost of the intangible
reduced by the total deductions allowed to the person under this section in respect of the
intangible or, where the intangible is not wholly used to derive income chargeable to tax, the
amount that would be allowed under this section if the intangible were wholly so used; and
(b) the consideration received on disposal of an intangible shall be determined in accordance with
section 77.
(10) For the purposes of this section, an intangible that is available for use on a day (including a non
working day) is treated as used on that day.
(11) In this section, —
“cost” in relation to an intangible, means any expenditure incurred in acquiring or creating the
intangible, including any expenditure incurred in improving or renewing the intangible; and
“intangible” means any patent, invention, design or model, secret formula or process, copyright 1[,
trade mark, scientific or technical knowledge, computer software, motion picture film, export
quotas, franchise, licence, intellectual property], or other like property or right, contractual rights
and any expenditure that provides an advantage or benefit for a period of more than one year
(other than expenditure incurred to acquire a depreciable asset or unimproved land).
25. Precommencement expenditure.—(1) A person shall be allowed a deduction for any pre
commencement expenditure in accordance with this section.
(2) Precommencement expenditure shall be amortized on a straightline basis at the rate specified in Part
III of the Third Schedule.
1 Ins by the Finance Act, 2003, s. 12(10).
68
(3) The total deductions allowed under this section in the current tax year and all previous tax years in
respect of an amount of precommencement expenditure shall not exceed the amount of the expenditure.
(4) No deduction shall be allowed under this section where a deduction has been allowed under another
section of this Ordinance for the entire amount of the precommencement expenditure in the tax year in which
it is incurred.
(5) In this section, “precommencement expenditure” means any expenditure incurred before the
commencement of a business wholly and exclusively to derive income chargeable to tax, including the cost of
feasibility studies, construction of prototypes, and trial production activities, but shall not include any
expenditure which is incurred in acquiring land, or which is depreciated or amortised under section 22 or 24.
26. Scientific research expenditure.— (1) A person shall be allowed a deduction for scientific research
expenditure incurred in Pakistan in a tax year wholly and exclusively for the purpose of deriving income from
business chargeable to tax.
(2) In this section —
“scientific research” means any 1[activity] 2[undertaken in Pakistan] in the fields of natural or applied
science for the development of human knowledge;
“scientific research expenditure” means any expenditure incurred by a person on scientific research
3[undertaken in Pakistan] for the purposes of developing the person’s business, including any
contribution to a scientific research institution to undertake scientific research for the purposes of the
person’s business, other than expenditure incurred –
(a) in the acquisition of any depreciable asset or intangible;
(b) in the acquisition of immovable property; or
1 The word “activity” subs by the Finance Act, 2002, s. 8(13).
2 Ins by the Finance Act, 2003, s. 12(11)(a).
3 Ins ibid, s. 12(11)(a).
69
(c) for the purpose of ascertaining the existence, location, extent or quality of a natural deposit; and
“scientific research institution” means any institution certified by the 1[Board] as conducting
scientific research in Pakistan.
27. Employee training and facilities.—A person shall be allowed a deduction for any expenditure (other
than capital expenditure) incurred in a tax year in respect of—
(a) any educational institution or hospital in Pakistan established for the benefit of the person’s
employees and their dependents;
(b) any institute in Pakistan established for the training of industrial workers recognized, aided, or run
by the Federal Government 2[or a Provincial Government] or a 3[Local Government]; or
(c) the training of any person, being a citizen of Pakistan, in connection with a scheme approved by
the 4[Board] for the purposes of this section.
28. Profit on debt, financial costs and lease payments.— (1) Subject to this Ordinance, a deduction
shall be allowed for a tax year for —
(a) any profit on debt incurred by a person in the tax year to the extent that the proceeds or benefit of
the debt have been used by the person 4[for the purposes of business];
(b) any lease rental incurred by a person in the tax year to a scheduled bank, financial institution, an
approved modaraba, an approved leasing company or a Special Purpose Vehicle on behalf of the
Originator for an asset used by the person 1[for the purposes of business];
1 The words “Central Board of Revenue” subs., by the Finance Act, 2007, s.20(1)(d)(1B).
2 Ins by the Finance Act, 2003, s.12(12).
3 The word “local authority “ subs by the Finance Act, 2008, s.20(1)(d)(IB).
4 The words “in deriving income chargeable to tax under the head “Income from Business” subs by the Finance Act, 2004, s.6(6)(a), (b) and (c).
70
(c) any amount incurred by a person in the tax year to a modaraba or a participation term certificate
holder for any funds borrowed and used by the person 1[for the purposes of business];
(d) any amount incurred by a scheduled bank in the tax year to a person maintaining a profit or loss
sharing account or a deposit with the bank as a distribution of profits by the bank in respect of the
account or deposit;
(e) any amount incurred by the House Building Finance Corporation (hereinafter referred to as “the
Corporation”) constituted under the House Building Finance Corporation Act, 1952 (XVIII of
1952), in the tax year to the State Bank of Pakistan (hereinafter referred to as “the Bank”) as the
share of the Bank in the profits derived by the Corporation on its investment in property made
under a scheme of partnership in profit and loss, where the investment is provided by the Bank
under the House Building Finance Corporation (Issue and Redemption of Certificates)
Regulations, 1982;
(f) any amount incurred by the National Development Leasing Corporation Limited (hereinafter
referred to as “the Corporation”) in the tax year to the State Bank of Pakistan (hereinafter
referred to as “the Bank”) as the share of the Bank in the profits derived by the Corporation on its
leasing operations financed out of a credit line provided by the Bank on a profit and loss sharing
basis;
(g) any amount incurred by the 1[Small and Medium Enterprises Bank (hereinafter referred to as “the
SME Bank”)] in the tax year to the State Bank of Pakistan (hereinafter referred to as the “Bank”)
as the share of the Bank in the profits derived by the 2[SME Bank] on investments made in small
business out of a credit line provided by the Bank on a profit and loss sharing basis;
1 The words “small business Corporation (hereinafter referred to as “the Corporation”)subs by the Finance Act, 2009, s.5(7).
2 The word “Corporation” subs by the Finance Act, 2011, s.6(3).
age:ARSA'>[1] The word “deprecation’ subs by the Finance Act, 2002, s. 8(12).
71
(h) any amount incurred by a person in the tax year to a banking company under a scheme of
musharika representing the bank‘s share in the profits of the musharika;
(i) any amount incurred by a person in the tax year to a certificate holder under a musharika scheme
approved by the Securities and Exchange Commission and Religious Board formed under the
Modaraba Companies and Modaraba (Floatation and Control) Ordinance, 1980 (XXXI of 1980)
representing the certificate holder‘s share in the profits of the musharika; or
(j) the financial cost of the securitization of receivables incurred by an Originator in the tax year from
a Special Purpose Vehicle being the difference between the amount received by the Originator and
the amount of receivables securitized from a Special Purpose Vehicle.
(2) Notwithstanding any other provision in this Ordinance, where any assets are transferred by an
Originator, as a consequence of securitisation, to a Special Purpose Vehicle, it shall be treated as a financing
transaction irrespective of the method of accounting adopted by the Originator.
(3) In this section, —
“approved leasing company” means a leasing company approved by the 1[Board] for the purposes of
clause (b) of subsection (1); and
“approved modaraba” means a modaraba approved by the 1[Board] for the purposes of clause (b) of sub
section (1).
29. Bad debts.—(1) A person shall be allowed a deduction for a bad debt in a tax year if the following
conditions are satisfied, namely:—
(a) the amount of the debt was –
(i) included in the person’s income from business chargeable to tax; or
(ii) in respect of money lent by a financial institution in deriving income from business chargeable to
tax;
1 The words “Central Board of revenue” subs by the Finance Act, 2007, s.20(1)(d)(1B).
72
(b) the debt or part of the debt is written off in the accounts of the person in the tax year; and
(c) there are reasonable grounds for believing that the debt is irrecoverable.
(2) The amount of the deduction allowed to a person under this section for a tax year shall not
exceed the amount of the debt written off in the accounts of the person in the tax year.
(3) Where a person has been allowed a deduction in a tax year for a bad debt and in a subsequent tax
year the person receives in cash or kind any amount in respect of that debt, the following rules shall apply,
namely:–
(a) where the amount received exceeds the difference between the whole of bad debt and the amount
previously allowed as a deduction under this section, the excess shall be included in the person‘s
income under the head “Income from Business” for the tax year in which it was received; or
(b) where the amount received is less than the difference between the whole of such bad debt and the
amount allowed as a deduction under this section, the shortfall shall be allowed as a bad debt
deduction in computing the person‘s income under the head “Income from Business” for the
tax year in which it was received.
1[29A. Provision regarding consumer loans.— (1) A 2[***] 3[nonbanking finance company or the
House Building Finance Corporation] shall be allowed a deduction, not exceeding three per cent of the income
for the tax year, arising out of consumer loans for creation of a reserve to offset bad debts arising out of such
loans.
(2) Where bad debt can not be wholly set off against reserve, any amount of bad debt, exceeding the
reserves shall be carried forward for adjustment against the reserve for the following years.]
1 Ins by the Finance Act, 2003, s.12(13).
2 The words “banking company or” omitted by the Finance Act, 2009, s.5(8)(a).
3 Ins by the Finance Act, 2004, s.6(7)(a).
73
1[Explanation.— In this section, “consumer loan” means a loan of money or its equivalent
made by 2[***] a nonbanking finance company or the House Building Finance Corporation to a
debtor (consumer) and the loan is entered primarily for personal, family or household purposes
and includes debts created by the use of a lender credit card or similar arrangement as well as
insurance premium financing.]
30. Profit on nonperforming debts of a banking company or development finance institution.— (1)
A banking company or development finance institution 2[or NonBanking Finance Company (NBFC) or
modaraba] shall be allowed a deduction for any profit accruing on a nonperforming debt of the banking
company or institution 5[or NonBanking Finance Company (NBFC) or modaraba] where the profit is credited
to a suspense account in accordance with the Prudential Regulations for Banks or 5[NonBanking Finance
Company or modaraba] Nonbank Financial Institutions, as the case may be, issued by the State Bank of
Pakistan 3[or the Securities and Exchange Commission of Pakistan].
(2) Any profit deducted under subsection (1) that is subsequently recovered by the banking company
or development finance institution 5[or NonBanking Finance Company (NBFC) or modaraba] shall be
included in the income of the company or institution 4[or NonBanking Finance Company (NBFC) or
modaraba] chargeable under the head “Income from Business” for the tax year in which it is recovered.
31. Transfer to participatory reserve.— (1) Subject to this section, a company shall be allowed a
deduction for a tax year for any amount transferred by the company in the year to a participatory reserve
created under section 120 of the Companies Ordinance, 1984 (XLVII of 1984) in accordance with an
agreement relating to participatory redeemable capital entered into between the company and a banking
company as defined in the 5[Institutions (Recovery Of Finances) Ordinance,2001 (XLVI of 2001).]
1 Added ibid, s.6(7)(b).
2 The words “a banking company or” omitted by the Finance Act, 2009, s.5(8)(b).
3 Ins by the Finance Act, 2003, s.12((14)(iii).
4 The words “ NonBank Financial Institutions” subs by the Finance Act, 2003, s.12(14)(b).
5 The words “banking Tribunals Ordinance, 1984” subs by the words “Financial Institutions (Recovery of Finances) ordinance, 2001(XLVI of 2001) by the Finance Act, 2014”, s.7(7).
74
(2) The deduction allowed under subsection (1) for a tax year shall be limited to five per cent of the
value of the company‘s participatory redeemable capital.
(3) No deduction shall be allowed under subsection (1) if the amount of the tax exempted
accumulation in the participatory reserve exceeds ten per cent of the amount of the participatory redeemable
capital.
(4) Where any amount accumulated in the participatory reserve of a company has been allowed as a
deduction under this section is applied by the company towards any purpose other than payment of share of
profit on the participatory redeemable capital or towards any purpose not allowable for deduction or
exemption under this Ordinance the amount so applied shall be included in the income from business of the
company in the tax year in which it is so applied.
Division IV
Tax Accounting
32. Method of accounting.— 1[(1) Subject to this Ordinance, a person’s income chargeable to tax shall be
computed in accordance with the method of accounting regularly employed by such person.]
(2) Subject to subsection (3), a company shall account for income chargeable to tax under the head
“Income from Business” on an accrual basis, while other persons may account for such income on a cash or
accrual basis.
(3) The 2[Board] may prescribe that any class of persons shall account for income chargeable to tax
under the head “Income from Business’ on a cash or accrual basis.
(4) A person may apply, in writing, for a change in the person’s method of accounting and the
Commissioner may, by 3[order] in writing, approve such an application but only if satisfied that the change is
necessary to clearly reflect the person‘s income chargeable to tax under the head “Income from Business”.
1 Subsection (1) subs by the Finance Act, 2003, s.12(15)(a).
2 The words “Central Board of Revenue” subs by the Finance Act, 2007,s.20(1)(d)(1B).
3 Subs for the word “notice” by the Finance Act, 2003, s.12(15)(b).
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(5) If a person’s method of accounting has changed, the person shall make adjustments to items of
income, deduction, or credit, or to any other items affected by the change so that no item is omitted and no
item is taken into account more than once.
33. Cashbasis accounting.—A person accounting for income chargeable to tax under the head
“Income from Business” on a cash basis shall derive income when it is received and shall incur expenditure
when it is paid.
34. Accrualbasis accounting.— (1) A person accounting for income chargeable to tax under the
head “Income from Business” on an accrual basis shall derive income when it is due to the person and shall
incur expenditure when it is payable by the person.
(2) Subject to this Ordinance, an amount shall be due to a person when the person becomes entitled to
receive it even if the time for discharge of the entitlement is postponed or the amount is payable by
installments.
(3) Subject to this Ordinance, an amount shall be payable by a person when all the events that determine
liability have occurred and the amount of the liability can be determined with reasonable accuracy 1[***].
2(4) * * * * * * *
(5) Where a person has been allowed a deduction for any expenditure incurred in deriving income
chargeable to tax under the head “Income from Business” and the person has not paid the liability or a part of
the liability to which the deduction relates within three years of the end of the tax year in which the deduction
was allowed, the unpaid amount of the liability shall be chargeable to tax under the head “Income from
Business’ in the first tax year following the end of the three years.
3[(5A) Where a person has been allowed a deduction in respect of a trading liability and such person has
derived any benefit in respect of such trading liability, the value of such benefit shall be chargeable to tax
under
1 Omitted by the Finance Act, 2004, s.6(8)(a).
2 SubSection (4) omitted ibid, s.6(8)(b).
3 Ins by the Finance Act, 2003, s.12(16).
76
1[the] head “Income from Business” for the tax year in which such benefit is received.]
(6) Where an unpaid liability is chargeable to tax as a result of the application of subsection (5) and the
person subsequently pays the liability or a part of the liability, the person shall be allowed a deduction for the
amount paid in the tax year in which the payment is made.
35. Stockintrade.— (1) For the purposes of determining a person’s income chargeable to tax
under the head “Income from Business” for a tax year, the cost of stockintrade disposed of by the person in
the year shall be computed in accordance with the following formula, namely:—
(A + B) – C
where —
A is the opening value of the person‘s stockintrade for the year;
B is cost of stockintrade acquired by the person in the year; and
C is the closing value of stockintrade for the year.
(2) The opening value of stockintrade of a person for a tax year shall be —
(a) the closing value of the person’s stockintrade at the end of the previous year; or
(b) where the person commenced to carry on business in the year, the fair market value of any stock
intrade acquired by the person prior to the commencement of the business.
(3) The fair market value of stockintrade referred to in clause (b) of subsection (2) shall be
determined at the time the stockintrade is ventured in the business.
1 Ins by the Finance Act, 2005, s.8(6).
77
(4) The closing value of a person‘s stockintrade for a tax year shall be the lower of cost or 1[net
realisable] value of the person‘s stockintrade on hand at the end of the year.
(5) A person accounting for income chargeable to tax under the head ‘Income from Business” on a
cash basis may compute the person‘s cost of stockintrade on the primecost method or absorptioncost
method, and a person accounting for such income on an accrual basis shall compute the person‘s cost of
stockintrade on the absorptioncost method.
(6) Where particular items of stockintrade are not readily identifiable, a person may account for that
stock on the firstinfirstout method or the averagecost method but, once chosen, a stock valuation method
may be changed only with the written permission of the Commissioner and in accordance with any conditions
that the Commissioner may impose.
(7) In this section, —
“absorptioncost method” means the generally accepted accounting principle under which the cost
of an item of stockintrade is the sum of direct material costs, direct labour costs, and factory
overhead costs;
“averagecost method” means the generally accepted accounting principle under which the
valuation of stockintrade is based on a weighted average cost of units on hand;
“direct labour costs” means labour costs directly related to the manufacture or production of
stockintrade;
“direct material costs” means the cost of materials that become an integral part of the stockin
trade manufactured or produced, or which are consumed in the manufacturing or production
process;
“factory overhead costs” means the total costs of manufacturing or producing stockintrade,
other than direct labour and direct material costs;
1 Subs for the words “fair market”’ by the Finance Act, 2002, s.8(14).
78
“firstinfirstout method” means the generally accepted accounting principle under which the
valuation of stockintrade is based on the assumption that stock is sold in the order of its
acquisition;
“primecost method” means the generally accepted accounting principle under which the cost of
stockintrade is the sum of direct material costs, direct labour costs, and variable factory
overhead costs;
“stockintrade” means anything produced, manufactured, purchased, or otherwise acquired for
manufacture, sale or exchange, and any materials or supplies to be consumed in the production or
manufacturing process, but does not include stocks or shares; and
“variable factory overhead costs” means those factory overhead costs which vary directly with
changes in volume of stockintrade manufactured or produced.
36. Longterm contracts.—(1) A person accounting for income chargeable to tax under the head
“Income from Business” on an accrual basis shall compute such income arising for a tax year under a long
term contract on the basis of the percentage of completion method.
(2) The percentage of completion of a longterm contract in a tax year shall be determined by comparing
the total costs allocated to the contract and incurred before the end of the year with the estimated total
contract costs as determined at the commencement of the contract.
(3) In this section, —
“longterm contract” means a contract for manufacture, installation, or construction, or, in
relation to each, the performance of related services, which is not completed within the tax year
in which work under the contract commenced, other than a contract estimated to be completed
within six months of the date on which work under the contract commenced; and
“percentage of completion method” means the generally accepted accounting principle under
which revenue and expenses arising under a longterm contract are recognised by reference to the
stage of completion of the contract, as modified by subsection (2).
79
PART V
HEAD OF INCOME: CAPITAL GAINS
37. Capital gains.—(1) Subject to this Ordinance, a gain arising on the disposal of a capital asset by a
person in a tax year, other than a gain that is exempt from tax under this Ordinance, shall be chargeable to tax
in that year under the head “Capital Gains”.
1[(1A) Notwithstanding anything contained in subsections (1) and (3) gain arising on the disposal of
immovable property 2[* * *] by a person in a tax year, shall be chargeable to tax in that year under the head
Capital Gains at the rates specified in Division VIII of Part I of the First Schedule.]
(2) Subject to subsections (3) and (4), the gain arising on the disposal of a capital asset by a person shall
be computed in accordance with the following formula, namely:–
A – B
where —
A is the consideration received by the person on disposal of the asset; and
B is the cost of the asset.
(3) Where a capital asset has been held by a person for more than one year, 3[other than shares of public
companies including the vouchers of Pakistan Telecommunication Corporation, modaraba certificates or any
instrument of redeemable capital as defined in the Companies Ordinance, 1984 (XLVII of 1984),] the amount
of any gain arising on disposal of the asset shall be computed in accordance with the following formula,
namely: —
A x ¾
where A is the amount of the gain determined under subsection (2).
1 Ins by the Finance Act,2012, s.15(6).
2 The words and comma “held for a period upto two years” omitted by the Finance Act, 2014, s.7(8).
3 Ins by the Finance Act, 2010, s.8(5).
80
(4) For the purposes of determining component B of the formula in subsection (2), no amount shall be
included in the cost of a capital asset for any expenditure incurred by a person –
(a) that is or may be deducted under another provision of this Chapter; or
(b) that is referred to in section 21.
1[(4A) Where the capital asset becomes the property of the person —
(a) under a gift, bequest or will;
(b) by succession, inheritance or devolution;
(c) a distribution of assets on dissolution of an association of persons; or
(d) on distribution of assets on liquidation of a company, the fair market value of the asset, on the
date of its transfer or acquisition by the person shall be treated to be the cost of the asset.]
(5) In this section, “capital asset” means property of any kind held by a person, whether or not connected
with a business, but does not include —
2[(a) any stockintrade 3[***], consumable stores or raw materials held for the purpose of business;]
(b) any property with respect to which the person is entitled to a depreciation deduction under section
22 or amortisation deduction under section 24; 4[or]
5(c)* * * * * * *
1 Ins by the Finance Act, 2003, s.12(17)(a).
2 The brackets and words “(a) any stockintrade;” substituted by the Finance Act, 2002, s.8(15)(a).
3 The brackets and words ”not being stocks and shares” omitted by the Finance Act, 2010, s.8(5)(b).
4 Ins by the Finance Act, 2012, s.15(6)(b)(i).
5 Clause (C) omitted ibid , s.15(6)(b)(ii).
81
(d) any movable property 1[excluding capital assets specified in subsection (5) of section 38] held for
personal use by the person or any member of the person‘s family dependent on the person 2[.]
3(e)* * * * * * *
4[37A. Capital gain on disposal of securities.— (1) The capital gain arising on or after the first day of
July 2010, from disposal of securities 5[***] 6[, other than a gain that is exempt from tax under this
Ordinance], shall be chargeable to tax at the rates specified in Division VII of Part I of the First Schedule:
7* * * * * * *
Provided 8[*] that this section shall not apply to a banking company and an insurance company.
9[(1A) The gain arising on the disposal of a security by a person shall be computed in accordance with the
following formula, namely: —
1 The brackets, commas and words “(including wearing apparel, jewellery, or furniture)”substituted by the Finance Act, 2003, s.12(17)(b).
2 The comma and word “; or” substituted by the Finance Act, 2002, s.8(15)(c ).
3 Clause (e) omitted ibid, s.(15)(e).
4 Ins., by Finance Act, 2010, s.8(6).
5 The words “held for a period of less than a year” omitted by the Finance Act, 2015, s.9(10).
6 Ins by the Finance Act, 2012, s.15(7)(a).
7 The first proviso omitted by Finance Act, 2014,s. 7(9)(a).
8 The word “further” omitted by the Finance Act, 2014, s.7(9)(b).
9 Ins by the Finance Act,2012, s.15(7)(b).
82
A – B
Where —
(i) ‘A’ is the consideration received by the person on disposal of the security; and
(ii) ‘B’ is the cost of acquisition of the security.]
(2) The holding period of a security, for the purposes of this section, shall be reckoned from the date
of acquisition (whether before, on or after the thirtieth day of June, 2010) to the date of disposal of such
security falling after the thirtieth day of June, 2010.
(3) For the purposes of this section “security” means share of a public company, voucher of Pakistan
Telecommunication Corporation, Modaraba Certificate, an instrument of redeemable capital 1[,debt
Securities] and derivative products.
2[(3A) For the purpose of this section, “debt securities” means
(a) Corporate Debt Securities such as Term Finance Certificates (TFCs), Sukuk Certificates (Sharia
Compliant Bonds), Registered Bonds, Commercial Papers, Participation Term Certificates (PTCs)
and all kinds of debt instruments issued by any Pakistani or foreign company or corporation
registered in Pakistan; and
(b) Government Debt Securities such as Treasury Bills (Tbills), Federal Investment Bonds (FIBs),
Pakistan Investment Bonds (PIBs), Foreign Currency Bonds, Government Papers, Municipal
Bonds, Infrastructure Bonds and all kinds of debt instruments issued by Federal Government,
Provincial Governments, Local Authorities and other statutory bodies.]
1 Ins by the Finance Act,2014, s.(7(9)(c ).
2 The subsection (3A) inserted ibid, s.7(9)(d).
83
(4) Gain under this section shall be treated as a separate block of income.
(5) Notwithstanding anything contained in this Ordinance, where a person sustains a loss on disposal
of securities in a tax year, the loss shall be set off only against the gain of the person from any other securities
chargeable to tax under this section and no loss shall be carried forward to the subsequent tax year.]
38.Deduction of losses in computing the amount chargeable under the head “Capital Gains”.—(1)
Subject to this Ordinance, in computing the amount of a person chargeable to tax under the head “Capital
Gains” for a tax year, a deduction shall be allowed for any loss on the disposal of a capital asset by the person
in the year.
(2) No loss shall be deducted under this section on the disposal of a capital asset where a gain on the
disposal of such asset would not be chargeable to tax.
(3) The loss arising on the disposal of a capital asset by a person shall be computed in accordance
with the following formula, namely: —
A – B
where —
A is the cost of the asset; and
B is the consideration received by the person on disposal of the asset.
(4) The provisions of subsection (4) of section 37 shall apply in determining component A of the
formula in subsection (3).
(5) No loss shall be recognized under this Ordinance on the disposal of the following capital assets,
namely:—
(a) A painting, sculpture, drawing or other work of art;
(b) jewellery;
(c) a rare manuscript, folio or book;
(d) a postage stamp or first day cover;
(e) a coin or medallion; or
(f) an antique.
84
PART VI
HEAD OF INCOME: INCOME FROM OTHER SOURCES
39. Income from other sources. —(1) Income of every kind received by a person in a tax year, 1[if it
is not included in any other head,] other than income exempt from tax under this Ordinance, shall be
chargeable to tax in that year under the head “Income from other sources”, including the following namely: —
(a) 2[Dividend;]
(b) 3[royalty;]
(c) profit on debt;
4[(cc) additional payment on delayed refund under any tax law;]
(d) ground rent;
(e) rent from the sublease of land or a building;
(f) income from the lease of any building together with plant or machinery;
5[(fa) income from provision of amenities, utilities or any other service connected with renting of
building;]
(g) any annuity or pension;
(h) any prize bond, or winnings from a raffle, lottery 5[, prize on winning a quiz, prize offered by
companies for promotion of sale] or crossword puzzle;
(i) any other amount received as consideration for the provision, use or exploitation of property,
including from the grant of a right to explore for, or exploit, natural resources;
1 Ins by the Finance Act, 2002, s.8(16)(i).
2 The word “Dividends” subs ibid, s.8(16)(ii).
3 The word “royalties” sub ibid, s.8(16)(iii).
4 Ins by the Finance Act, 2012, s.15(9).
5 Ins. by Finance Act, 2003, s. 12(18)(a)(i).
85
(j) the fair market value of any benefit, whether convertible to money or not, received in connection
with the provision, use or exploitation of property; 1[* * *]
(k) any amount received by a person as consideration for vacating the possession of a building or part
thereof, reduced by any amount paid by the person to acquire possession of such building or part
thereof.
2[(l) any amount received by a person from Approved Income Payment Plan or Approved Annuity
Plan under Voluntary Pension System Rules, 2005; 3[and]
4[(m) income arising to the shareholder of a company, from the issuance of bonus shares.]
(2) Where a person receives an amount referred to in clause (k) of subsection (1), the amount shall be
chargeable to tax under the head “Income from Other Sources” in the tax year in which it was received and
the following nine tax years in equal proportion.
(3) Subject to subsection (4), any amount received as a loan, advance, deposit 5[for issuance of shares]
or gift by a person in 6[a tax year] from another person (not being a banking company or financial institution)
otherwise than by a crossed cheque drawn on a bank or through a banking channel from a person holding a
National Tax Number 7[* * *] shall be treated as income chargeable to tax under the head “Income from
Other Sources” for the tax year in which it was received.
(4) Subsection (3) shall not apply to an advance payment for the sale of goods or supply of services.
8[(4A) Where —
(a) any profit on debt derived from investment in National Savings Deposit Certificates including
Defence
Savings Certificate paid to a person in arrears or the amount received includes profit chargeable to
tax in the tax year or years preceding the tax year in which it is received; and
(b) as a result the person is chargeable at higher rate of tax than would have been applicable if the
profit had been paid to the person in the tax year to which it relates, the person may, by notice in
writing to the Commissioner, elect for the profit to be taxed at the rate of tax that would have been
applicable if the profit had been paid to the person in the tax year to which it relates.]
7 [(4B) An election under subsection (4A) shall be made by the due date for furnishing the person‘s
return of income for the tax year in which the amount was received or by such later date as the Commissioner
may allow by an order in writing.]
1 The word “and” omitted by the Finance Act,2014, s.7(10)(i).
3 Added ibid, s.7(10)(ii).
4 Added by Finance Act, 2014, s.7(10)(iii).
6 The words “an income year” substituted by the Finance Act, 2002, s.8(16)(b).
7 The word “Card” omitted by the Finance Act, 2006, s.17(5).
8 Ins by the Finance Act, 2003, s.12(18)(c ).
86
(5) This section shall not apply to any income received by a person in a tax year that is chargeable to tax
under any other head of income or subject to tax under section 5, 6 or 7.
1(6)* * * * * * *
40. Deductions in computing income chargeable under the head “Income from Other Sources”.
—(1) Subject to this Ordinance, in computing the income of a person chargeable to tax under the head
“Income from Other Sources” for a tax year, a deduction shall be allowed for any expenditure paid by the
person in the year to the extent to which the expenditure is paid in deriving income chargeable to tax under
that head, other than expenditure of a capital nature.
(2) A person receiving any profit on debt chargeable to tax under the head “Income from Other Sources”
shall be allowed a deduction for any Zakat paid by the person 2[* * *] under the Zakat and Ushr Ordinance,
1980 (XVIII of 1980), at the time the profit is paid to the person.
(3) A person receiving income referred to in clause 3[* *] (f) of subsection section (1) of section 39
chargeable to tax under the head “Income from other sources” shall be allowed —
(a) a deduction for the depreciation of any plant, machinery or building used to derive that income in
accordance with section 22; and
(b) an initial allowance for any plant or machinery used to derive that income in accordance with
section 23.
(4) No deduction shall be allowed to a person under this section to the extent that the expenditure is
deductible in computing the income of the person under another head of income.
(5) The provisions of section 21 shall apply in determining the deductions allowed to a person under
this section in the same manner as they apply in determining the deductions allowed in computing the income
of the person chargeable to tax under the head "Income from Business".
4[(6) Expenditure is of a capital nature if it has a normal useful life of more than one year.]
PART VII
EXEMPTIONS AND TAX CONCESSIONS
41. Agricultural income. — (1) Agricultural income derived by a person shall be exempt from tax
under this Ordinance.
(2) In this section, “agricultural income” means, —
(a) any rent or revenue derived by a person from land which is situated in Pakistan and is used for
agricultural purposes;
(b) any income derived by a person from land situated in Pakistan from
1 Subsection (6) omitted by the Finance Act, 2002, s.8(16)(c ).
2 The words “on the profit” omitted by the Finance Act, 2003, s.12(19)(a).
3 The brackets, letter and word “(e) or” omitted ibid, s.12(19)(b).
4 Added by the Finance Act, 2002, s.8(17).
87
(i) agriculture;
(ii) the performance by a cultivator or receiver of rentinkind of any process ordinarily employed by
such person to render the produce raised or received by the person fit to be taken to market; or
(iii) the sale by a cultivator or receiver of rentinkind of the produce raised or received by such
person, in respect of which no process has been performed other than a process of the nature
described in subclause (ii); or
(c) any income derived by a person from —
(i) any building owned and occupied by the receiver of the rent or revenue of any land described in
clause (a) or (b);
(ii) any building occupied by the cultivator, or the receiver of rentinkind, of any land in respect of
which, or the produce of which, any operation specified in subclauses (ii) or (iii) of clause (b) is
carried on, but only where the building is on, or in the immediate vicinity of the land and is a
building which the receiver of the rent or revenue, or the cultivator, or the receiver of the rentin
kind by reason of the person’s connection with the land, requires as a dwellinghouse, a store
house, or other outbuilding.
42. Diplomatic and United Nations exemptions. — (1) The income of an individual entitled to
privileges under the Diplomatic and Consular Privileges Act, 1972 (IX of 1972) shall be exempt from tax
under this Ordinance to the extent provided for in that Act.
(2) The income of an individual entitled to privileges under the United Nations (Privileges and
Immunities) Act, 1948 (XX of 1948), shall be exempt from tax under this Ordinance to the extent provided for
in that Act.
(3) Any pension received by a person, being a citizen of Pakistan, by virtue of the person‘s former
employment in the United Nations or its specialised agencies (including the International Court of Justice)
provided the person‘s salary from such employment was exempt under this Ordinance.
43. Foreign government officials.— Any salary received by an employee of a foreign government as
remuneration for services rendered to such government shall be exempt from tax under this Ordinance
provided —
(a) the employee is a citizen of the foreign country and not a citizen of Pakistan;
(b) the services performed by the employee are of a character similar to those performed by
employees of the Federal Government in foreign countries; 1[and]
(c) the foreign government grants a similar exemption to employees of the Federal Government
performing similar services in such foreign country 2[.]
1 Added by the Finance Act, 2002, s.8(18)(a).
2 The words “a nonresident” substituted by the Finance Act, 2003, s.12(20).
88
1(d) * * * * * * *
(2) Any salary received by an individual (not being a citizen of Pakistan) shall be exempt from tax under
this Ordinance to the extent provided for in an Aid Agreement between the Federal Government and a foreign
government or public international organization, where –
(a) the individual is either 2[not a resident] individual or a resident individual solely by reason of the
performance of services under the Aid Agreement;
(b) if the Aid Agreement is with a foreign country, the individual is a citizen of that country; and
(c) the salary is paid by the foreign government or public international organisation out of funds or
grants released as aid to Pakistan in pursuance of such Agreement.
(3) Any income received by a person (not being a citizen of Pakistan) engaged as a contractor, consultant,
or expert on a project in Pakistan shall be exempt from tax under this Ordinance to the extent provided for in
a bilateral or multilateral technical assistance agreement between the Federal Government and a foreign
government or public international organisation, where —
(a) the project is financed out of grant funds in accordance with the agreement;
(b) the person is either a nonresident person or a resident person solely by reason of the performance
of services under the agreement; and
(c) the income is paid out of the funds of the grant in pursuance of the agreement.
45. President’s honours.— (1) Any allowance attached to any Honour, Award, or Medal awarded to
a person by the President of Pakistan shall be exempt from tax under this Ordinance.
1 Clause (d) omitted by the Finance Act, 2002, s.8(18)(c ).
2 Subs by the Finance Act, 2003, s.12(20).
89
(2) Any monetary award granted to a person by the President of Pakistan shall be exempt from tax
under this Ordinance.
46. Profit on debt.— Any profit received by a nonresident person on a security issued by a resident
person shall be exempt from tax under this Ordinance where—
(a) the persons are not associates;
(b) the security was widely issued by the resident person outside Pakistan for the purposes of raising a
loan outside Pakistan for use in a business carried on by the person in Pakistan;
(c) the profit was paid outside Pakistan; and
(d) the security is approved by the 1[Board] for the purposes of this section.
47. Scholarships.— Any scholarship granted to a person to meet the cost of the person‘s education
shall be exempt from tax under this Ordinance, other than where the scholarship is paid directly or indirectly
by an associate.
48. Support payments under an agreement to live apart.— 2[Any income received by a spouse as
support payment under an agreement to live apart] shall be exempt from tax under this Ordinance.
(2) The income of a Provincial Government or a 4[Local Government] in Pakistan shall be exempt from
tax under this Ordinance, other than income chargeable under the head “Income from Business” derived by a
Provincial Government or 4[Local Government] from a business carried on outside its jurisdictional area.
1 The words “Central Board of Revenue” substituted by the Finance Act, 2007, s.20(1)(d)(IB).
2 The words “Any support payment received by a spouse under an agreement to live apart” subs by the Finance Act,2002, s.8(19).
3 The words “and” subs by the Finance Act, 2009, s.5(9).
4 The words “local authority” subs. by the Finance Act,2008, s.18(34).
90
1[(3)
Subject to subsection (2), any payment received by the Federal Government, a Provincial
Government or a 2[Local Government] shall not be liable to any collection or deduction of advance tax.]
3[(4) Exemption under this section shall not be available in the case of corporation, company, a regulatory
authority, a development authority, other body or institution established by or under a Federal law or a
Provincial law or an existing law or a corporation, company, a regulatory authority, a development authority
or other body or institution set up, owned and controlled, either directly or indirectly, by the Federal
Government or a Provincial Government, regardless of the ultimate destination of such income as laid down in
Article 165A of the Constitution of the Islamic Republic of Pakistan 4[:]
4[Provided that the income from sale of spectrum licenses by Pakistan Telecommunication Authority on
behalf of the Federal Government after the first day of March 2014 shall be treated as income of the Federal
Government and not of the Pakistan Telecommunication Authority.]
50. Foreignsource income of shortterm resident individuals.— (1) Subject to subsection (2), the
foreignsource income of an individual 5[***] —
(a) who is a resident individual solely by reason of the individual’s employment; and
(b) who is present in Pakistan for a period or periods not exceeding three years, shall be exempt from
tax under this Ordinance.
(2) This section shall not apply to —
(a) any income derived from a business of the person established in Pakistan; or
1 Added by Finance Act, 2006, s.17(6).
2 The words “local authority” subs by the Finance Act,2008, s.18(34).
3 Added by Finance Act, 2007, s.20(3).
4 Full stop subs by a colon and thereafter a proviso added by the Finance Act, 2014, s.7(11).
5 The brackets and words “other than a citizen of Pakistan” omitted by the Finance Act,2003, s.12(21).
91
(b) any foreignsource income brought into or received in Pakistan by the person.
51. Foreignsource income of returning expatriates.— 1[(1)] Any foreignsource income derived by
a citizen of Pakistan in a tax year who was not a resident individual in any of the four tax years preceding the
tax year in which the individual became a resident shall be exempt from tax under this Ordinance in the tax
year in which the individual became a resident individual and in the following tax year.
2[(2) Where a citizen of Pakistan leaves Pakistan during a tax year and remains abroad during that tax
year, any income chargeable under the head “salary” earned by him outside Pakistan during that year shall be
exempt from tax under this Ordinance.]
352. * * * * * *
53. Exemptions and tax concessions in the Second Schedule.— (1)The income or classes of income, or
persons or classes of persons specified in the Second Schedule shall be —
(a) exempt from tax under this Ordinance, subject to any conditions and to the extent specified
therein;
(b) subject to tax under this Ordinance at such rates, which are less than the rates specified in the First
Schedule, as are specified therein;
(c) allowed a reduction in tax liability under this Ordinance, subject to any conditions and to the
extent specified therein; or
(d) exempted from the operation of any provision of this Ordinance, subject to any conditions and to
the extent specified therein.
4(1A)* * * * * * *
1 Section 51 numbered as subsection (1) of section 51 by the Finance Act, 2003, s.12(22).
2 Added ibid, s.12(22).
3 Section (52) omitted by the FinanceAct,2002, s.8(20).
4 Subsection (1A) omitted by the Finance Act,2012,s.15(9).
92
(2) The Federal Government may, from time to time, 1[pursuant of the Economic Coordination
Committee of Cabinet, whenever circumstances exist to take immediate action for the purposes of national
security, natural disaster, national food security in emergency situations, arising out of abnormal fluctuation in
international commodity prices, removal of anomalies in taxes, development of backward areas and
implementation of bilateral and multilateral agreements] by notification in the official Gazette, make such
amendment in the Second Schedule by —
(a) adding any clause or condition therein;
(b) omitting any clause or condition therein; or
(c) making any change in any clause or condition therein,
as the Government may think fit, and all such amendments shall have effect in respect of any tax year
beginning on any date before or after the commencement of the financial year in which the notification is
issued.
(3) The Federal Government shall place before the National Assembly all amendments made by it to
the Second Schedule in a financial year.
2[(4) Any notification issued under subsection (2) after the commencement of the Finance Act,2015,
shall, if not earlier rescinded on the expiry of the financial year in which is was issued.]
54. Exemptions and tax provisions in other laws.—No provision in any other law providing for —
(a) an exemption from any tax imposed under this Ordinance;
(b) a reduction in the rate of tax imposed under this Ordinance;
(c) a reduction in tax liability of any person under this Ordinance; or
(d) an exemption from the operation of any provision of this Ordinance, shall have legal effect unless
also provided for in this Ordinance 3[.]
3* * * * * * *
55. Limitation of exemption.— (1) Where any income is exempt from tax under this Ordinance, the
exemption shall be, in the absence of a specific provision to the contrary contained in this Ordinance, 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.
4(2) * * * * * * *
1 Ins added by the Finance Act,2015,s.9(11)(a) (w.e.f.01.07.2015).
2 Added ibid, s.9(11)(b)(w.e.f.01.07.2015)
3 The colon subs by a full stop and thereafter the proviso omitted by the Finance Act, 2008
4 Subsection (2) omitted by the Finance Act, 2003, s.12(25).
93
PART VIII
LOSSES
56. Set off of losses.— (1) Subject to sections 58 and 59, where a person sustains a loss for any tax year
under any head of income specified in section 11, the person shall be entitled to have the amount of the loss
set off against the person‘s income, if any, chargeable to tax under any other head of income 1[except income
under the head salary or income from property] for the year.
(2) Except as provided in this Part, where a person sustains a loss under a head of income for a tax
year that cannot be set off under subsection (1), the person shall not be permitted to carry the loss forward to
the next tax year.
(3) Where, 2[in a tax year,] a person sustains a loss under the head “Income from Business” and a loss
under another head of income, the loss under the head “Income from Business” shall be set off last.
3[56A. Set off of losses of companies operating hotels.— Subject to sections 56 and 57, where a
company registered in Pakistan or Azad Jammu and Kashmir (AJ&K), operating hotels in Pakistan or AJ&K,
sustains a loss in Pakistan or AJ&K for any tax year under the head “income from business” shall be entitled
to have the amount of the loss set off against the company‘s income in Pakistan or AJ&K, as the case may be,
from the tax year 2007 4[onward].
57. Carry forward of business losses.— (1) Where a person sustains a loss for a tax year under the
head “Income from Business” (other than a loss to which section 58 applies) and the loss cannot be wholly set
off under section 56, so much of the loss that has not been set off shall be carried forward to the following tax
year and set off against the person’s income chargeable under the head “Income from Business” for that year.
(2) If a loss sustained by a person for a tax year under the head “Income from Business” is not wholly set
off under subsection (1), then the
1 Ins by the Finance Act, 2013, s.7(4).
2 Ins by the Finance Act, 2002 , s.8(21).
3 Ins by the Finance Act, 2007, s.20(4).
4 The word “onward’ substituted by the word “onward” by the Finance Act, 2014, s.7(12).
94
amount of the loss not set off shall be carried forward to the following tax year and applied as specified in sub
section (1) in that year, and so on, but no loss can be carried forward to more than six tax years immediately
succeeding the tax year for which the loss was first computed.
1[(2A) Where a loss, referred to in subsection (2), relating to any assessment year commencing on or
after 1st day of July, 1995, and ending on the 30th day of June 2001, is sustained by a banking company
wholly owned by the Federal Government as on first day of June, 2002, which is approved by the State Bank
of Pakistan for the purpose of this subsection, the said loss shall be carried forward for a period of ten years.]
(3) Where a person has a loss carried forward under this section for more than one tax year, the loss
of the earliest tax year shall be set off first.
(4) Where the loss referred to in subsection (1) includes deductions allowed under sections 22, 23
2[23A, 23B] and 24 that have not been set off against income, the amount not set off shall be added to the
deductions allowed under those sections in the following tax year, and so on until completely set off.
3[57A. Set off of business loss consequent to amalgamation.—4[(1) The assessed loss (excluding capital
loss) for the tax year, other than brought forward and capital loss, of the amalgamating company or companies
shall be set off against business profits and gains of the amalgamated company, and vice versa, in the year of
amalgamation and where the loss is not adjusted against the profits and gains for the tax year the unadjusted
loss shall be carried forward for adjustment upto a period of six tax years succeeding the year of
amalgamation.]
(2) The provisions of subsection (4) and (5) of section 57 shall, mutatis mutandis, apply for the
purposes of allowing unabsorbed depreciation
1 Ins by the Finance Act, 2002, s.8(22).
2 Ins ibid, s.5(10)(a) and (b).
3 Added ibid, s.8(23).
4 Subsection (1) substituted by the Finance Act, 2007, s.20(5).
95
of amalgamating company or companies in the assessment of amalgamated company 1[and vice versa] 2[:]
2[Provided that the losses referred to in subsection (1) and unabsorbed depreciation referred to in
subsection (2) shall be allowed set off subject to the condition that the amalgamated company
continues the business of the amalgamating company for a minimum period of five years from the
date of amalgamation.]
3[(2A).In case of amalgamation of Banking Company or Nonbanking Finance Company, modarabas or
insurance company, the accumulated loss under the head “Income from Business” (not being speculation
business losses) of an amalgamating company or companies shall be set off or carried forward against the
business profits and gains of the amalgamated company and vice versa, up to a period of six tax years
immediately succeeding the tax year in which the loss was first computed in the case of amalgamated
company or amalgamating company or companies:
Provided that the provisions of this subsection shall in the case of Banking companies be applicable from
July 1, 2007.]
(3) Where any of the conditions as laid down by the State Bank of Pakistan or the Securities and
Exchange Commission of Pakistan 4[or any court], court], as the case may be, in the scheme of amalgamation,
are not fulfilled, the set off of loss or allowance for depreciation made in any tax year of the amalgamated
company 5[or the amalgamating company or companies] shall be deemed to be the income of that
amalgamated company 2[or the amalgamating company or companies, as the case may be,] for the year in
which such default is discovered by the Commissioner or taxation officer, and all the provisions of this
Ordinance shall apply accordingly.]
58. Carry forward of speculation business losses.— (1) Where a person sustains a loss for a tax year in
respect of a speculation business carried on by the person (hereinafter referred to as a “speculation loss”),
the
1 Ins by the Finance Act, 2005, s.8(7)(b)(i).
2 Full stop subs and thereafter proviso added by the Finance Act, 2005, s.8(7)(b)(ii).
3 Ins ibid, s.18(5).
4 Ins by the Finance Act, 2005, s.8(7)(c ).
5 Ins ibid, s.8(7)(c ) (ii).
96
loss shall be set off only against the income of the person from any other speculation business of the person
chargeable to tax for that year.
(2) If a speculation loss sustained by a person for a tax year is not wholly set off under subsection
(1), then the amount of the loss not set off shall be carried forward to the following tax year and applied
against the income of any speculation business of the person in that year and applied as specified in sub
section (1) in that year, and so on, but no speculation loss shall be carried
(3) Where a person has a loss carried forward under this section for more than one tax year, the loss
of the earliest tax year shall be set off first.
59. Carry forward of capital losses.— (1) Where a person sustains a loss for a tax year under the
head “Capital Gains” (hereinafter referred to as a “capital loss”), the loss shall not be set off against the
person’s income, if any, chargeable under any other head of income for the year, but shall be carried forward
to the next tax year and set off against the capital gain, if any, chargeable under the head “Capital Gains” for
that year.
(2) If a capital loss sustained by a person for a tax year under the head “Capital Gains” is not wholly
set off under subsection (1), then the amount of the loss not set off shall be carried forward to the following
tax year, and so on, but no loss shall be carried forward to more than six tax years immediately succeeding the
tax year for which the loss was first computed.
(3) Where a person has a loss carried forward under this section for more than one tax year, the loss
of the earliest tax year shall be set off first.
1[59A. Limitations on set off and carry forward of losses.—
2(1) * * * * * * *
2(2) * * * * * * *
1 Added by the Finance Act, 2003, s.12(26).
2 Subsection (1)and (2) omitted by the Finance Act, 2012, S.15(10)(c ).
97
(3) In case of association of persons 1[any loss] shall be set off or carried forward and set off only against
the income of the association.
(4) Nothing contained in section 56, 57, 58 or 59 shall entitle —
(a) any member of an association of persons 2[* * *] to set off any loss sustained by such association
of persons, as the case may be, or have it carried forward and set off, against his income; or
(b) any person who has succeeded, in such capacity, any other person carrying on any business or
profession, otherwise than by inheritance, to carry forward and set off against his income, any loss
sustained by such other person.
(5) Where in computing the taxable income for any tax year, full effect cannot be given to a
deduction mentioned in section 22, 23, 24 or 25 owing to there being no profits or gains chargeable for that
year or such profits or gains being less than the deduction, then, subject to subsection (12) of section 22, and
subsection (6), the deduction or part of the deduction to which effect has not been given, as the case may be,
shall be added to the amount of such deduction for the following year and be treated to be part of that
deduction, or if there is no such deduction for that year, be treated to be the deduction for that year and so on
for succeeding years.
(6) Where, under subsection (5), deduction is also to be carried forward, effect shall first be given to the
provisions of section 56 and subsection (2) of section 58.
(7) Notwithstanding anything contained in this Ordinance, no loss which has not been assessed or
determined in pursuance of an order made under section 59, 59A, 62, 63 or 65 of the repealed Ordinance or
an order made or treated as made under section 120, 121 or 122 shall be carried forward and set off under
section 57, subsection (2) of section 58 or section 59.]
1 The words, figures, commas and brackets,” to which subsection (3) of section 92 does not apply,” any loss of such association substituted by the Finance Act, 2012, s.15(10)(b).
2 The words, figures, commas and brackets,”to which subsection (3) of section 92 does not apply,” any loss of such association omitted ibid, s.15(10)(c ).
98
1[59AA. Group taxation.— (1) Holding companies and subsidiary companies of 100% owned group may
opt to be taxed as one fiscal unit. In such cases, besides consolidated group accounts as required under the
Companies Ordinance, 1984 (XLVII of 1984), computation of income and tax payable shall be made for tax
purposes.
(2) The companies in the group shall give irrevocable option for taxation under this section as one
fiscal unit.
(3) The group taxation shall be restricted to companies locally incorporated under the Companies
Ordinance, 1984 (XLVII of 1984).
(4) The relief under group taxation would not be available to losses prior to the formation of the
group.
(5) The option of group taxation shall be available to those group companies which comply with such
corporate governance requirements 2[and group designation rules or regulations] as may be specified by the
Securities and Exchange Commission of Pakistan from time to time and are designated as companies entitled
to avail group taxation.
(6) Group taxation may be regulated through rules as may be made by the 3[Board].
4[59B. Group relief.— (1) Subject to subsection (2), any company, being a subsidiary of a holding
company, may surrender its assessed loss (excluding capital loss) for the tax year (other than brought forward
losses and capital losses), in favour of its holding company or its subsidiary or between another subsidiary of
the holding company:
Provided that where one of the company in the group is a public company listed on a registered stock
exchange in Pakistan, the holding company shall directly hold fiftyfive per cent or more of the share capital
of the subsidiary company. Where none of the company listed on a registered stock exchange in Pakistan,
owning and managing an industrial undertaking or an undertaking engaged in providing services, may
surrender its assessed loss for the tax year other than brought forward losses, in favour of its holding company
provided such holding company owns or acquires seventyfive per cent or more of the share capital of the
subsidiary company.
(2) The loss surrendered by the subsidiary company may be claimed by the holding company for set off
against its income under the head “income from Business” in the tax year and the following two tax years
subject to the following conditions, namely:
(a) there is continued ownership for five years, of share capital of the subsidiary company to the
extent of fiftyfive per cent in the case of a listed company, or seventyfive per cent or more, in
the case of other companies;
(b) a company within the group engaged in the business of trading shall not be entitled to avail group
relief;
1 Ins by the Finance Act, 2007, s.20(6).
2 Ins by the Finance Act,2013, s.7(5).
3 The words “Central Board of Revenue” substituted by the word “Board” by the Finance Act. 2014 , s.7(13).
4 Section (59B) subs by the Finance Act, 2007, s.20(7).
99
(c) holding company, being a private limited company with seventyfive per cent of ownership of
share capital gets itself listed within three years from the year in which loss is claimed;
(d) the group companies are locally incorporated companies under the Companies Ordinance, 1984
(XLVII of 1984);
(e) the loss surrendered and loss claimed under this section shall have approval of the Board of
Directors of the respective companies;
(f) the subsidiary company continues the same business during the said period of three years;
(g) all the companies in the group shall comply with such corporate governance requirements 1[and
group designation rules or regulations] as may be specified by the Securities and Exchange
Commission of Pakistan from time to time, and are designated as companies entitled to avail
group relief; and
(h) any other condition as may be prescribed.
(3) The subsidiary company shall not be allowed to surrender its assessed losses for set off against income
of the holding company for more than three tax years.
(4) Where the losses surrendered by a subsidiary company are not adjusted against income of the holding
company in the said three tax years, the subsidiary company shall carry forward the unadjusted losses in
accordance with the provision of section 57.
(5) If there has been any disposal of shares by the holding company during the aforesaid period of five
years to bring the ownership of the holding company to less than seventyfive per cent, the holding company
shall, in the year of disposal, offer the amount of profit on which taxes have not companies in the group is a
listed company, the holding company shall hold directly seventyfive per cent or more of the share capital of
the subsidiary company.
(6) Loss claiming company shall, with the approval of the Board of Directors, transfer cash to the loss
surrendering company equal to the amount of tax payable on the profits to be set off against the acquired loss
at the applicable tax rate. The transfer of cash would not be taken as a taxable event in the case of either of
the two companies.
(7) The transfer of shares between companies and the share holders, in one direction, would not be taken
as a taxable event provided the transfer is to acquire share capital for formation of the group and approval of
the Security and Exchange Commission of Pakistan or State Bank of Pakistan, as the case may be, has been
obtained in this effect. Sale and purchase from third party would be taken as taxable event.]
1 Ins by the Finance Act, 2013, s.7(6).
100
PART IX
DEDUCTIBLE ALLOWANCES
60. Zakat.— (1)A person shall be entitled to a deductible allowance for the amount of any Zakat paid
by the person in a tax year under the Zakat and Ushr Ordinance, 1980 (XVIII of 1980).
(2) Subsection (1) does not apply to any Zakat taken into account under subsection (2) of section
40.
(3)Any allowance or part of an allowance under this section for a tax year that is not able to be deducted
under section 9 for the year shall not be refunded, carried forward to a subsequent tax year, or carried back to
a preceding tax year.
1[60A. Workers’ Welfare Fund.— A person shall be entitled to a deductible allowance for the amount
of any Workers‘ Welfare Fund paid by the person in tax year under Workers’ Welfare Fund Ordinance, 1971
(XXXVI of 1971)] 2[.]
3[60B. Workers’ Participation Fund.— A person shall be entitled to a deductible allowance for the
amount of any Workers’ Participation Fund paid by the person in a tax year in accordance with the provisions
of the Companies Profit (Workers’ Participation) Act, 1968 (XII of 1968).]
1 Added by the Finance Act, 2003, s.12(27).
2 Ins by the Finance Act, 2005, s.8(9).
3 Added by the Finance Act, 2004, s.6(11).
101
PART X
TAX CREDITS
61. Charitable donations.— 1[(1) A person shall be entitled to a tax credit in respect of any sum paid, or
any property given by the person in the tax year as a donation to —
(a) any board of education or any university in Pakistan established by, or under, a Federal or a
Provincial law;
(b) any educational institution, hospital or relief fund established or run in Pakistan by Federal
Government or a Provincial Government or a 2[Local Government]; or
(c) any nonprofit organization.]
(2) The amount of a person‘s tax credit allowed under subsection (1) for a tax year shall be
computed according to the following formula, namely:—
(A/B) x C
where —
A is the amount of tax assessed to the person for the tax year before allowance of any tax credit
under this Part;
B is the person‘s taxable income for the tax year; and
C is the lesser of —
(a) the total amount of the person‘s donations referred to in subsection (1) in the year, including the
fair market value of any property given; or
(b) where the person is —
1 Subsection (1) substituted by the Finance Act, 2003, s.12(28)(a).
2 The words “local authority” substituted by the Finance Act, 2008, s.18(34).
102
(i) an individual or association of persons, thirty per cent of the taxable income of the person for the
year; or
(ii) a company, 1[twenty] per cent of the taxable income of the person for the year.
(3) For the purposes of clause (a) of component C of the formula in subsection (2), the fair market
value of any property given shall be determined at the time it is given.
(4) A cash amount paid by a person as a donation shall be taken into account under clause (a) of
component C 2[of] subsection (2) only if it was paid by a crossed cheque drawn on a bank.
3[(5) The 4[Board] may make rules regulating the procedure of the grant of approval under subclause
(c) of clause (36) of section 2 and any other matter connected with, or incidental to, the operation of this
section.]
5[62. Tax credit for investment in shares and insurance.— 1) A resident person other than a company
shall be entitled to a tax credit for a tax year either—
(i) in respect of the cost of acquiring in the year new shares offered to the public by a public company
listed on a stock exchange in Pakistan, provided the resident person is the original allottee of the
shares or the shares are acquired from the Privatization Commission of Pakistan; or
(ii) in respect of any life insurance premium paid on a policy to a life insurance company registered by
the Securities and Exchange Commission of Pakistan under the Insurance Ordinance, 2000
(XXXIX of 2000), provided the resident person is deriving income
1 The word “fifteen” substituted by the Finance Act, 2009, s.5(11).
2 Ins by the Finance Act, 2002, s.8(24).
3 Added by the Finance Act, 2003, s.12(28)(b).
4 The words “Central Board of Revenue” substituted by the Finance Act, 2007, s.20(1)(d)(IB).
5 Section 62 substituted by the Finance Act, 2011, s.6(4).
103
chargeable to tax under the head “salary” or “income from business”.
(2) The amount of a person‘s tax credit allowed under subsection (1) for a tax year shall be computed
according to the following formula, namely: —
(A/B) x C
where—
A is the amount of tax assessed to the person for the tax year before allowance of any tax credit
under this Part;
B is the person’s taxable income for the tax year; and
C is the lesser of —
(a) the total cost of acquiring the shares, or the total contribution or premium paid by the person
referred to in subsection (1) in the year;
(b) 1[twenty] per cent of the person‘s taxable income for the year; or
(c) 2[one 3[and a half ]million rupees].
(3) Where —
(a) a person has been allowed a tax credit under subsection (1) in a tax year in respect of the
purchase of a share; and
(b) the person has made a disposal of the share within 4[twentyfour] months of the date of
acquisition, the amount of tax payable by the person for the tax year in which the shares were
disposed of shall be increased by the amount of the credit allowed.]
1 Subs by the Finance Act, 2012, s.15(11)(a)(i).
2 The words “five hundred thousand rupees” subs ibid, s.15(11)(a)(ii).
3 Ins by the Finance Act, 2015, s.9(12)(w.e.f..01.07.2015)
4 The word “thirtysix” substituted by the Finance Act, 2012, s.15(11)(b).
104
1[63. Contribution to an Approved Pension Fund.—(1) An eligible person as defined in subsection
(19A) of section 2 deriving income chargeable to tax under the head “Salary” or the head “Income from
Business” shall be entitled to a tax credit for a tax year in respect of any contribution or premium paid in the
year by the person in approved pension fund under the Voluntary Pension System Rules, 2005.
(2) The amount of a person‘s tax credit allowed under subsection (1) for a tax year shall be
computed according to the following formula, namely: —
(A/B) x C
Where.
A is the amount of tax assessed to the person for the tax year, before allowance of any tax credit
under this Part;
B is the person’s taxable income for the tax year; and
C is the lesser of –
(i) the total contribution or premium referred to in subsection (1) paid by the person in the year; or
(ii) twenty per cent of the 2[eligible] person’s taxable income for the relevant tax year; Provided
that 3[an eligible person] joining the pension fund at the age of fortyone years or above, during
the first ten years 4[starting from July 1, 2006] shall be allowed additional contribution of 2% per
annum for each year of age exceeding forty years. Provided further that the total contribution
allowed to such person shall not exceed 50% of the total taxable income of the preceding year
5[.]]
6* * * * * * *
1 Section 63 substituted by the Finance Act, 2005, s.8(11).
2 Ins by the Finance Act, 2006, s.17(8)(a).
3 The words “a person” subs ibid, s.17(8)(b).
4 The words, figure and commas “of the notification of the Voluntary Pension System Rules, 2005,” subs ibid, s.17(8)(c ).
5 The semicolon and the word “or” substituted by the Finance Act, 2011, s.6(5)(a).
6 Clause (iii) omitted ibid, s.6(5)(b).
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1[(3) The transfer by the members of approved employment pension or annuity scheme or approved
occupational saving scheme of their existing balance to their individual pension accounts maintained with one
or more pension fund managers shall not qualify for tax credit under this section.]
2* * * * * * *
3[64A. Deduction allowance for profit on debt. — (1) Every individual shall be entitled to a deductible
allowance for the amount of any profit or share in rent and share in appreciation for value of house paid by
the individual in a tax year on a loan by a scheduled bank or nonbanking finance institution regulated by the
Securities and Exchange Commission of Pakistan or advanced by Government or the Local Government,
Provincial Government or a statutory body or a public company listed on a registered stock exchange in
Pakistan where the individual utilizes the loan for the construction of a new house or the acquisition of a
house.
(2) The amount of an individual’s deductible allowance allowed under subsection (1) for a tax year shall
not exceed fifty percent of taxable income or one million rupees, whichever is lower.
(3) Any allowance or part of an allowance under this section for a tax year that is not able to be deducted
for the year shall not be carried toward to a subsequent tax year.
64B. Tax credit for employment generation by manufacturers. (1) Where a taxpayer being a company
formed for establishing and operating a new manufacturing unit sets up a new manufacturing unit between the
1st day of July,2015 and the 30th day of June, 2018, (both days inclusive) it shall be given a tax credit for a
period often years.
(2) The tax credit under subsection (1) for a tax year shall be equal tone percent of the tax payable for
every fifty employees registered with The Employees Old Age Benefits Institution or the Employees Social
Security Institutions of Governments during the tax year, subject to a maximum of ten percent of the tax
payable.
1 Added by the Finance Act, 2006, s.17(8)(d).
2 Omitted by the Finance Act, 2015, s.9(13)(w.e.f.01.07.2015)
3 Ins ibid, s.9(13).
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(3) Tax credit under this section shall be admissible where—
(a) the company is incorporate and manufacturing unit is setup between the fist day of July, 2015 and
the 30th day of June, 2018, both days inclusive;
(b) employs more than fifty employees in a tax year registered with the Employees Old Age Benefits
Institution and the Employees Social Security Institutions of Provincial Governments;
(c) manufacturing unit is managed by a company formed for operating the said manufacturing unit and
registered under the Companies Ordinance, 1984 (XLVII of 1984) and having its registered office
in Pakistan; and
(d) the manufacturing unit is not established by the splitting up or reconstruction or reconstitution of
an undertaking already in existence or by transfer of machinery or plant from an undertaking
established in Pakistan at any time before the 1st July, 2015.
(4) Where any credit is allowed under this section and subsequently it is discovered, on the basis of
documents or otherwise, by the Commissioner that any of the conditions specified in this section were not
fulfilled, the credit originally allowed shall be deemed to have been wrongly allowed and the Commissioner
may, notwithstanding anything contained in this Ordinance, recompute the tax payable by the taxpayer for
the relevant year and the provisions of this Ordinance shall, so far as may be, apply accordingly.
(5) For the purposes of this section, a manufacturing unit shall be treated to have been set up on the date
on which the manufacturing unit is ready to go into production, where trial production or commercial
production.]
65. Miscellaneous provisions relating to tax credits.— (1) Where the person entitled to a tax credit
under [this] Part is a member of an association of persons to which subsection (1) of section 92 applies, the
following shall apply—
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(a) component A of the formula in subsection (2) of section 61, subsection (2) of section 62, sub
section (2) of section 63 and subsection (2) of section 64 shall be the amount of tax that would be
assessed to the individual if any amount derived in the year that is exempt from tax under sub
section (1) of section 92 were chargeable to tax; and
(b) component B of the formula in subsection (2) of section 61, subsection (2) of section 62, sub
section (2) of section 63 and subsection (2) of section 64 shall be the taxable income of the
individual for the year if any amount derived in the year that is exempt from tax under subsection
(1) of section 92 were chargeable to tax.
(2) Any tax credit allowed under this Part shall be applied in accordance with subsection (3) of section 4.
(3) Subject to subsection (4), any tax credit or part of a tax credit allowed to a person under this Part for
a tax year that is not able to be credited under subsection (3) of section 4 for the year shall not be refunded,
carried forward to a subsequent tax year, or carried back to a preceding tax year.
(4) Where the person to whom subsection (3) applies is a member of an association of persons to which
subsection (1) of section 92 applies, the amount of any excess credit under subsection (3) for a tax year may
be claimed as a tax credit by the association for that year.
(5) Subsection (4) applies only where the member and the association agree in writing for the subsection
to apply and such agreement in writing must be furnished with the association‘s return of income for that year.
1[(6) Where the person is entitle to a tax credit under section 65B, 65D or 65E, provisions of clause (d) of
subsection (2) of section 169 and clause (d) of subsection (1) of section 113 shall not apply.].
2[65A. Tax credit to a person registered under the Sales Tax Act, 1990. — (1) Every manufacturer,
registered under the Sales Tax Act, 1990, shall be
1 Added by the Finance Act, 2015, s.9(14)(w.e.f.01.07.2015)
2 Ins by the Finance Act, 2009, s.5(13).
108
entitled to a tax credit of two and a half per cent of tax payable for a tax year, if ninety per cent of his sales
are to the person who is registered under the aforesaid Act during the said tax year.
(2) For claiming of the credit, the person shall provide complete details of the persons to whom the
sales were made.
(3) No credit will be allowed to a person whose income is covered under final tax or minimum tax.
(4) Carry forward of any amount where full credit may not be allowed against the tax liability for the
tax year, shall not be allowed.]
1[65B. Tax credit for investment.— (1) Where a taxpayer being a company invests any amount in the
purchase of plant and machinery, for the purposes of 2[extension, expansion,] balancing, modernization and
replacement of the plant and machinery, already installed therein, in an industrial undertaking set up in
Pakistan and owned by it, credit equal to ten per cent of the amount so invested shall be allowed against the
tax payable 3[, including on account of minimum tax and final taxes payable under any of the provisions of
this Ordinance,] by it in the manner hereinafter provided.
(2) The provisions of subsection (1) shall apply if the plant and machinery is purchased and installed
at any time between the first day of July, 2010, and the 30th day of June, 4[2016].
(3) The amount of credit admissible under this section shall be deducted from the tax payable by the
taxpayer in respect of the tax year in which the plant or machinery in the purchase of which the amount
referred to in subsection (1) is invested and installed.
5[(4) The provisions of this section shall mutatis mutandis apply to a company setup in Pakistan before
the first day of July, 2011, which makes investment, through hundred per cent new equity, during first day of
July,
1 Ins by the Finance Act, 2010, s.8(7).
2 Ins by the Finance Act, 2012, s.15(12)(a).
3 Ins ibid, s.15(12)(b).
4 Subs by the Finance Act, 2015, s.9(15)(w.e.f.01.07.2015)
5 Subsection (4) and (5) subs by the Finance Act, 2012, s.15(12)(c ).
109
2011 and 30th day of June, 2016, for the purposes of balancing, modernization and replacement of the plant
and machinery already installed in an industrial undertaking owned by the company. However, credit equal to
twenty per cent of the amount so invested shall be allowed against the tax payable, including on account of
minimum tax and final taxes payable under any of the provisions of this Ordinance. The credit shall be
allowed in the year in which the plant and machinery in the purchase of which the investment as aforesaid is
made, is installed therein.
“Explanation.— For the purpose of this section the term “new equity” shall, have the same
meaning as defined in subsection (7) of section 65E.]
1[(5) Where no tax is payable by the taxpayer in respect of the tax year in which such plant or
machinery is installed, or where the tax payable is less than the amount of credit as aforesaid, the amount of
the credit or so much of it as is in excess thereof, as the case may be, shall be carried forward and deducted
from the tax payable by the taxpayer in respect of the following tax year and so on, but no such amount shall
be carried forward for more than two tax years in the case of investment referred to in subsection (1) and for
more than five tax years in respect of investment referred to in subsection (4), however, the deduction made
under this section shall not exceed in aggregate the limit specified in subsection (1) or subsection (4), as the
case may be.]
1[(6)
Where any credit is allowed under this section and subsequently it is discovered by the
Commissioner Inland Revenue that any one or more of the conditions specified in this section was, or were,
not fulfilled, as the case may be, the credit originally allowed shall be deemed to have been wrongly allowed
and the Commissioner, notwithstanding anything contained in this Ordinance, shall recompute the tax
payable by the taxpayer for the relevant year and the provisions of this Ordinance shall, so far as may be,
apply accordingly.]
2[65C. Tax credit for enlistment. — (1) Where a taxpayer being a company opts for enlistment in any
registered stock exchange in Pakistan, a tax credit equal to 3[twenty] per cent of the tax payable shall be
allowed for the tax year in which the said company is enlisted.]
1 Subsection (6) added by the Finance Act, 2012, s. 1 5 (12)(c)
2 Section 65C inserted by the Finance Act, 2010,
3 Subs., by the Finance Act,2015, s.9(16)
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1[65D. Tax credit for newly established industrial undertakings. — (1) Where a taxpayer being a
company formed for establishing and operating a new industrial undertaking 2[including corporate dairy
farming] sets up a new industrial undertaking [including a corporate dairy farm], it shall be given a tax credit
equal to hundred per cent of the tax payable 3[, including on account of minimum tax and final taxes payable
under any of the provisions of this Ordinance,] on the taxable income arising from such industrial undertaking
for a period of five years beginning from the date of setting up or commencement of commercial production,
whichever is later.
(2) Tax credit under this section shall be admissible where—
(a) the company is incorporated and industrial undertaking is setup between the first day of July, 2011
and 30th day of June, 2016;
(b) industrial undertaking is managed by a company formed for operating the said industrial
undertaking and registered under the Companies Ordinance, 1984 (XLVII of 1984) and having its
registered office in Pakistan;
(c) the industrial undertaking is not established by the splitting up or reconstruction or reconstitution
of an undertaking already in existence or by transfer of machinery or plant from an industrial
undertaking established in Pakistan at any time before 1st July 2011; and
(d) the industrial undertaking is set up with hundred per cent equity 4[raised through issuance of new
shares for cash consideration:]
1 Section 65D inserted by the Finance Act, 2011, s. 6, (7).
2 The words “for manufacturing in Pakistan” substituted by the Finance Act, 2012, s. 15(13)(i)(a)&(b).
3 Ins by the Finance Act, 2012, s.15(13)(i)(c).
4 The words and full stop “owned by the company.” substituted by the Finance Act, 2012, s.15(13)(ii).
111
1[Provided that short term loans and finances obtained from banking companies or nonbanking financial
institutions for the purposes of meeting working capital requirements shall not disqualify the taxpayer from
claiming tax credit under this section.]
2(3) * * * * * *
(4) Where any credit is allowed under this section and subsequently it is discovered, on the basis of
documents or otherwise, by the Commissioner Inland Revenue that any of the 3[conditions] specified in this
section 4[were] not fulfilled, fulfilled, the credit originally allowed shall be deemed to have been wrongly
allowed and the Commissioner Inland Revenue may, notwithstanding anything contained in this Ordinance,
recompute the tax payable by the taxpayer for the relevant year and the provisions of this Ordinance shall, so
far as may be, apply accordingly.]
5[(5) For the purposes of this section and sections 65B and 65E, an industrial undertaking shall be
treated to have been setup on the date on which the industrial undertaking is ready to go into production,
whether trial production or commercial production.]
6[65E. Tax credit for industrial undertakings established before the first day of July, 2011.— 7[(1)
Where a taxpayer being a company, setup in Pakistan before the first day of July, 2011, invests any amount,
with hundred per cent new equity raised through issuance of new shares, in the purchase and installation of
plant and machinery for an industrial undertaking, including corporate dairy farming, for the purposes of
(i) expansion of the plant and machinery already installed therein; or
(ii) undertaking a new project,
1 Added by the Finance Act, 2012, s.15(13)(ii)(b).
2 Subsection (3) omitted ibid, s.15(13)(iii).
3 The word “condition” substituted ibid., s.15(13)(iv)(a).
4 The word “was” substituted ibid., s.15(13)(iv)(b).
5 Added ibid., s.15(13)(v)
6 Added by the Finance Act, 2011, s.6(7)(4).
7 Subsection (1) substituted by the Finance Act, 2012, s. 15(14)(a).
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a tax credit shall be allowed against the tax payable in the manner provided in subsection (2) and subsection
(3), as the case may be, for a period of five years beginning from the date of setting up or commencement of
commercial production from the new plant or expansion project, whichever is later.]
1[(2) Where a taxpayer maintains separate accounts of an expansion project or a new project, as the
case may be, the taxpayer shall be allowed a tax credit equal to one hundred per cent of the tax payable,
including minimum tax and final taxes payable under any of the provisions of this Ordinance, attributable to
such expansion project or new project.
(3) In all other cases, the credit under this section shall be such proportion of the tax payable,
including minimum tax and final taxes payable under any of the provisions of this Ordinance, as is the
proportion between the new equity and the total equity including new equity.
(4) The provisions of subsection (1) shall apply if the plant and machinery is installed at any time
between the first day of July, 2011 and the 30th day of June, 2016.]
(5) The amount of credit admissible under this section shall be deducted from the tax payable,
including minimum tax and final taxes payable under any of the provisions of this Ordinance, by the taxpayer
2[for a period of five years beginning from the date of setting upon commencement of commercial production
from the new plant or expansion of project, whichever is later”]
3[(6)] Where any credit is allowed under this section and subsequently it is discovered, on the basis of
documents or otherwise, by the Commissioner Inland Revenue that any of the condition specified in this
section was not fulfilled, the credit originally allowed shall be deemed to have been wrongly allowed and the
Commissioner Inland Revenue may, notwithstanding anything contained in this Ordinance, recompute the tax
payable by the taxpayer for the relevant year and the provisions of this Ordinance shall apply accordingly.
1 Subsection (2) ,(3),(4) and (5) subs., ibid s. 15(14)(b).
2 In subsection (5) subs., by Finance Act, 2015, s. 9(17).
3 Subsection (5) renumbered by the Finance Act, 2012, s.15(14)(c).
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1[(7) For the purposes of this section, “new equity” means equity raised through fresh issue of shares
against cash by the company and shall not include loans obtained from shareholders or directors:
Provided that short term loans and finances obtained from banking companies or nonbanking
financial institutions for the purposes of meeting working capital requirements shall not disqualify
the taxpayer from claiming tax credit under this section.]
CHAPTER IV
COMMON RULES
PART I
GENERAL
66. Income of joint owners.— (1) For the purposes of this Ordinance and subject to subsection (2),
where any property is owned by two or more persons and their respective shares are definite and ascertainable
–
(a) the persons shall not be assessed as an association of persons in respect of the property; and
(b) the share of each person in the income from the property for a tax year shall be taken into account
in the computation of the person‘s taxable income for that year.
(2) This section shall not apply in computing income chargeable under the head “Income from Business”.
67. Apportionment of deductions.— (1) Subject to this Ordinance, where an expenditure relates to –
(a) the derivation of more than one head of income; or
2[(ab) derivation of income comprising of taxable income and any class of income to which sub
sections (4) and (5) of section 4 apply, or;]
1 Added by the Finance Act, 2012, s.15 (14)(c).
2 Ins., by the Finance Act, 2002, s.8(28)(a).
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(b) the derivation of income chargeable to tax under a head of income and to some other purpose, the
expenditure shall be apportioned on any reasonable basis taking account of the relative nature and
size of the activities to which the amount relates.
(2) The 1[Board] may make rules under section 2[237] for the purposes of apportioning deductions.
68. Fair market value.— (1) For the purposes of this Ordinance, the fair market value of any property
3[or rent], asset, service, benefit or perquisite at a particular 3[or rent], asset, service, benefit or perquisite
would ordinarily fetch on sale or supply in the open market at that time.
(2) The fair market value of any property 3[or rent], asset, service, benefit or perquisite shall be
determined without regard to any restriction on transfer or to the fact that it is not otherwise convertible to
cash.
4[(3) Where the price referred to in subsection (1) is not ordinarily ascertainable, such price may be
determined by the Commissioner.]
69. Receipt of income.— For. the purposes of this Ordinance, a person shall be treated as having received
an amount, benefit, or perquisite if it is —
(a) actually received by the person;
(b) applied on behalf of the person, at the instruction of the person or under any law; or
(c) made available to the person.
70. Recouped expenditure. — Where a person has been allowed a deduction for any expenditure or loss
incurred in a tax year in the computation of the person’s income chargeable to tax under a head of income
and, subsequently, the person has received, in cash or in kind, any amount in respect of such
1 The words “Central Board of Revenue” substituted by the Finance Act, 2007, s.20(1)(d)(IB).
2 The figure “232” subs by the Finance Act, 2002, s.8(28)(b).
3 Ins., by the Finance Act, 2003, s.12(32)(a)and (b).
4 Ins ibid, s.12(32)(c ).
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expenditure or loss, the amount so received shall be included in the income chargeable under that head for the
tax year in which it is received.
71. Currency conversion.— (1) Every amount taken into account under this Ordinance shall be in
Rupees.
(2) Where an amount is in a currency other than rupees, the amount shall be converted to the Rupee at
the State Bank of Pakistan 1[* * ] rate applying between the foreign currency and the Rupee on the date the
amount is taken into account for the purposes of this Ordinance.
72. Cessation of source of income.— Where —
(a) any income is derived by a person in a tax year from any business, activity, investment or other
source that has ceased either before the commencement of the year or during the year; and
(b) if the income had been derived before the business, activity, investment or other source ceased it
would have been chargeable to tax under this Ordinance, this Ordinance shall apply to the income
on the basis that the business, activity, investment or other source had not ceased at the time the
income was derived.
73. Rules to prevent double derivation and double deductions.— (1) For the purposes of this
Ordinance, where –
(a) any amount is chargeable to tax under this Ordinance on the basis that it is receivable, the amount
shall not be chargeable again on the basis that it is received; or
(b) any amount is chargeable to tax under this Ordinance on the basis that it is received, the amount
shall not be chargeable again on the basis that it is receivable.
(2) For the purposes of this Ordinance, where —
(a) any expenditure is deductible under this Ordinance on the basis that it is payable, the expenditure
shall not be deductible again on the basis that it is paid; or
(b) any expenditure is deductible under this Ordinance on the basis that it is paid, the expenditure shall
not be deductible again on the basis that it is payable.
The word “midexchange” omitted by the Finance Act, 2003, s.12(33).
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PART II
TAX YEAR
1[74. Tax year.— (1) For the purpose of this Ordinance and subject to this section, the tax year shall be
a period of twelve months ending on the 30th day of June (hereinafter referred to as ‘normal tax year’) and
shall, subject to subsection (3), be denoted by the calendar year in which the said date falls.
(2) Where a person‘s income year, under the repealed Ordinance, is different from the normal tax
year, or where a person is allowed, by an order under subsection (3), to use a twelve months‘ period
different from normal tax year, such income year or such period shall be that person‘s tax year (hereinafter
referred to as special tax year‘) and shall, subject to subsection (3), be denoted by the calendar year relevant
to normal tax year in which the closing date of the special tax year falls.
2[(2A) The 3[Board], —
(i) in the case of a class of persons having a special tax year different from a normal tax year may
permit, by a notification in the official Gazette, to use a normal tax year; and
(ii) in the case of a class of persons having a normal tax year may permit, by a notification in the
official Gazette, to use a special tax year.]
(3) A person may apply, in writing, to the Commissioner to allow him to use a twelve months’ period,
other than normal tax year, as special tax year and the Commissioner may, subject to subsection (5), by an
order, allow him to use such special tax year.
(4) A person using a special tax year, under subsection (2), may apply in writing, to the
Commissioner to allow him to use normal tax year
1 Section 74 substituted by the Finance Act, 2002, s.8(29).
2 Added by the Finance Act, 2004, s.6(13).
3 The words “Central Board of Revenue” substituted by the Finance Act, 2007, s.20(1)(d)(1B).
117
and the Commissioner may, subject to subsection (5), by an order, allow him to use normal tax year.
(5) The Commissioner shall grant permission under subsection (3) or (4) only if the person has shown a
compelling need to use special tax year or normal tax year, as the case may be, and the permission shall be
subject to such conditions, if any, as the Commissioner may impose.
(6) An order under subsection (3) or (4) shall be made after providing to the applicant an opportunity of
being heard and where his application is rejected the Commissioner shall record in the order the reasons for
rejection.
(7) The Commissioner may, after providing to the person concerned an opportunity of being heard, by an
order, withdraw the permission granted under subsection (3) or (4).
(8) An order under subsection (3) or (4) shall take effect from such date, being the first day of the special
tax year or the normal tax year, as the case may be, as may be specified in the order.
(9) Where the tax year of a person changes as a result of an order under subsection (3) or subsection
(4), the period between the end of the last tax year prior to change and the date on which the changed tax year
commences shall be treated as a separate tax year, to be known as the “transitional tax year”.
(10) In this Ordinance, a reference to a particular financial year shall, unless the context otherwise
requires, include a special tax year or a transitional tax year commencing during the financial year.
(11) A person dissatisfied with an order under subsection (3), (4) or (7) may file a review application to
the 1[Board], and the decision by the 1[Board] on such application shall be final.]
1 The words “Central Board of Revenue” substituted by the Finance Act, 2007, s.20(1)(d)(1B).
118
PART III
ASSETS
75. Disposal and acquisition of assets.— (1) A person who holds an asset shall be treated as having
made a disposal of the asset at the time the person parts with the ownership of the asset, including when the
asset is —
(a) sold, exchanged, transferred or distributed; or
(b) cancelled, redeemed, relinquished, destroyed, lost, expired or surrendered.
(2) The transmission of an asset by succession or under a will shall be treated as a disposal of the asset by
the deceased at the time asset is transmitted.
(3) The application of a business asset to personal use shall be treated as a disposal of the asset by the
owner of the asset at the time the asset is so applied.
1[(3A) Where a business asset is discarded or ceases to be used in business, it shall be treated to have been
disposed of.]
(4) A disposal shall include the disposal of a part of an asset.
(5) A person shall be treated as having acquired an asset at the time the person begins to own the asset,
including at the time the person is granted any right.
(6) The application of a personal asset to business use shall be treated as an acquisition of the asset by the
owner at the time the asset is so applied.
(7) In this section,
“business asset” means an asset held wholly or partly for use in a business, including stockintrade
and a depreciable asset; and
1 Ins by the Finance Act, 2003, s.12(34).
119
“personal asset” means an asset held wholly for personal use.
76. Cost.— (1) Except as otherwise provided in this Ordinance, this section shall establish the cost of an
asset for the purposes of this Ordinance.
(2) Subject to subsection (3), the cost of an asset purchased by a person shall be the sum of the following
amounts, namely: —
(a) The total consideration given by the person for the asset, including the fair market value of any
consideration in kind determined at the time the asset is acquired;
(b) any incidental expenditure incurred by the person in acquiring and disposing of the asset; and
(c) any expenditure incurred by the person to alter or improve the asset, but shall not include any
expenditure under clauses (b) and (c) that has been fully allowed as a deduction under this
Ordinance.
(3) The cost of an asset treated as acquired under subsection (6) of section 75 shall be the fair market
value of the asset determined at the date it is applied to business use.
(4) The cost of an asset produced or constructed by a person shall be the total costs incurred by the
person in producing or constructing the asset plus any expenditure referred to 1[in] clauses (b) and (c) of sub
section (2) incurred by the person.
(5) Where an asset has been acquired by a person with a loan denominated in a foreign currency and,
before full and final repayment of the loan, there is an increase or decrease in the liability of the person under
the loan as expressed in Rupees, the amount by which the liability is increased or reduced shall be added to or
deducted from the cost of the asset, as the case may be.
1 Ins by the Finance Act, 2003, s.12(35).
120
1[Explanation. Difference, if any, on account of foreign currency fluctuation, shall be taken into
account in the year of occurrence for the purposes of depreciation.]
(6) In determining whether the liability of a person has increased or decreased for the purposes of sub
section (5), account shall be taken of the person’s position under any hedging agreement relating to the loan.
(7) Where a part of an asset is disposed of by a person, the cost of the asset shall be apportioned between
the part of the asset retained and the par disposed of in accordance with their respective fair market values
determined at the time the person acquired the asset.
(8) Where the acquisition of an asset by a person is the derivation of an amount chargeable to tax, the
cost of the asset shall be the amount so charged plus any amount paid by the person for the asset.
(9) Where the acquisition of an asset by a person is the derivation of an amount exempt from tax, the cost
of the asset shall be the exempt amount plus any amount paid by the person for the asset.
(10) The cost of an asset does not include the amount of any grant, subsidy, rebate, commission or any
other assistance (other than a loan repayable with or without profit) received or receivable by a person in
respect of the acquisition of the asset, except to the extent to which the amount is chargeable to tax under this
Ordinance.
2[(11) Notwithstanding anything contained in this section, the Board may prescribe rules for determination
of cost for any asset.]
77. Consideration received.— (1) The consideration received by a person on disposal of an asset shall
be the total amount received by the person for the asset 3[or the fair market value thereof, whichever is the
higher], including the fair market value of any consideration received in kind determined at the time of
disposal.
1 Added by the Finance Act, 2009, s.5(14).
2 Ins by the Finance Act, 2012, s.15(15).
3 Ins by the Finance Act, 2003, s.12(36)(a).
121
(2) Where an asset has been lost or destroyed by a person, the consideration received for the asset shall
include any compensation, indemnity or damages received by the person under —
(a) an insurance policy, indemnity or other agreement;
(b) a settlement; or
(c) a judicial decision.
(3) The consideration received for an asset treated as disposed of under subsection (3) 1[or (3A)] of
section 75 shall be the fair market value of the asset determined at the time it is applied to personal use 2[or
discarded or ceased to be used in business, as the case may be].
(4) The consideration received by a scheduled bank, financial institution, modaraba, or leasing company
approved by the Commissioner (hereinafter referred to as a “leasing company”) in respect of an asset leased
by the company to another person shall be the residual value received by the leasing company on maturity of
the lease agreement subject to the condition that the residual value plus the amount realized during the term of
the lease towards the cost of the asset is not less than the original cost of the asset.
(5) Where two or more assets are disposed of by a person in a single transaction and the consideration
received for each asset is not specified, the total consideration received by the person shall be apportioned
among the assets disposed of in proportion to their respective fair market values determined at the time of the
transaction.
3[(6) Notwithstanding anything contained in this section, the Board may prescribe rules for determination
of consideration received for any asset.]
78. Nonarm’s length transactions.— Where an asset is disposed of in a nonarm’s length transaction —
(a) the person disposing of the asset shall be treated as having received consideration equal to the fair
market
value of the asset determined at the time the asset is disposed; and
(b) the person acquiring the asset shall be treated as having a cost equal to the amount determined
under clause (a).
79. Nonrecognition rules.— (1) For the purposes of this Ordinance and subject to subsection (2),
no gain or loss shall be taken to arise on the disposal of an asset
(a) between spouses under an agreement to live apart;
(b) by reason of the transmission of the asset to an executor or beneficiary on the death of a person;
1 Ins by the Finance Act, 2003, s.12(36)(b)(i).
2 Ins ibid, s.12(36)(b)(ii).
3 Added by the Finance Act, 2012, s.5(16).
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(c) by reason of a gift of the asset;
(d) by reason of the compulsory acquisition of the asset under any law where the consideration
received for the disposal is reinvested by the recipient in an asset of a like kind within one year of
the disposal;
(e) by a company to its shareholders on liquidation of the company; or
(f) by an association of persons to its members on dissolution of the association where the assets are
distributed to members in accordance with their interests in the capital of the association.
(2) Subsection (1) shall not apply where the person acquiring the asset is a nonresident person at the
time of the acquisition.
(3) Where clause (a), (b), (c), (e) or (f) of subsection (1) applies, the person acquiring the asset shall
be treated as —
(a) acquiring an asset of the same character as the person disposing of the asset; and
(b) acquiring the asset for a cost equal to the cost of the asset for the person disposing of the asset at
the time of the disposal.
(4) The person’s cost of a replacement asset referred to in clause (d) of subsection (1) shall be the cost of
the asset disposed of plus the amount by which any consideration given by the person for the replacement
asset exceeds the consideration received by the person for the asset disposed of.
CHAPTER V
PROVISIONS GOVERNING PERSONS
PART I
CENTRAL CONCEPTS
Division I
Persons
80. Person. — (1) The following shall be treated as persons for the purposes of this Ordinance,
namely: —
(a) An individual;
(b) a company or association of persons incorporated, formed, organized or established in Pakistan or
elsewhere;
(c) the Federal Government, a foreign government, a political subDivision of a foreign government,
or public international organization.
(2) For the purposes of this Ordinance —
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(a) “association of persons” includes a firm, a Hindu undivided family, any artificial juridical person
and any body of persons formed under a foreign law, but does not include a company;
(b) “company” means —
(i) a company as defined in the Companies Ordinance, 1984 (XLVII of 1984);
(ii) a body corporate formed by or under any law in force in Pakistan;
(iii) a modaraba;
(iv) a body incorporated by or under the law of a country outside Pakistan relating to incorporation of
companies;
1[(v) a cooperative society, a finance society or any other society;]
2[(va) a nonprofit organization;
(vb) a trust, an entity or a body of persons established or constituted by or under any law for the time
being in force;]
(vi) a foreign association, whether incorporated or not, which the 3[Board] has, by general or special
order, declared to be a company for the purposes of this Ordinance;
(vii) a Provincial Government; 4[ * ]
(viii) a 5[Local Government] in Pakistan; 6[or]
7[(ix) a Small Company as defined in section 2;]
(c) “firm” means the relation between persons who have agreed to share the profits of a business
carried on by all or any of them acting for all;
(d) “trust” means an obligation annexed to the ownership of property and arising out of the
confidence reposed in and accepted by the owner, or declared and accepted by the owner for the
benefit of another, or of another and the owner, and includes a unit trust; and
(e) “unit trust” means any trust under which beneficial interests are divided into units such that the
entitlements of the beneficiaries to income or capital are determined by the number of units held.
1 Clause (v) substituted by the Finance Act, 2013, s.7(7)(a).
2 Ins ibid, s.7(7)(b).
3 The words “Central Board of Revenue” substituted by the Finance Act, 2007 s.20(1)(d)(1B).
4 The word “or” omitted by the Finance Act, 2005, s.8(12)(i).
5 The words “local authority” substituted by the Finance Act, 2008, s.18(34).
6 Ins by the Finance Act, 2005, s.8(12)(ii).
7 Ins ibid, s.8(12)(iii).
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Division II
Resident and NonResident Persons
81. Resident and nonresident persons.— (1) A person shall be a resident person for a tax year if the
person is —
(a) a resident individual, resident company or resident association of persons for the year; or
(b) the Federal Government.
(2) A person shall be a nonresident person for a tax year if the person is not a resident person for that
year.
82. Resident individual. — An individual shall be a resident individual for a tax year if the individual —
(a) is present in Pakistan for a period of, or periods amounting in aggregate to, one hundred and
1[eightythree] days or more in the tax year; 2[or]
3(b) * * * * * * *
(c) is an employee or official of the Federal Government or a Provincial Government posted abroad in
the tax year.
83. Resident company.— A company shall be a resident company for a tax year if —
(a) it is incorporated or formed by or under any law in force in Pakistan;
(b) the control and management of the affairs of the company is situated wholly 4[***] in Pakistan at
any time in the year; or
(c) it is a Provincial Government or 5[Local Government] in Pakistan.
84. Resident association of persons. — An association of persons shall be a resident association of
persons for a tax year if the control and management of the affairs of the association is situated wholly or
partly in Pakistan at any time in the year.
1 The words “eightytwo” substituted by the Finance Act, 2006, s.17(9).
2 Ins by the Finance Act, 2005, s.8(13).
3 Clause (b) omitted by the Finance Act, 2003, s.12(37).
4 The words “or almost wholly” omitted by the Finance Act, 2003, s.12(38).
5 The words “local authority” substituted by the Finance Act, 2008, s.18(34).
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Division III
Associates
85. Associates.— (1) Subject to subsection (2), two persons shall be associates where the relationship
between the two is such that one may reasonably be expected to act in accordance with the intentions of the
other, or both persons may reasonably be expected to act in accordance with the intentions of a third person.
(2) Two persons shall not be associates solely by reason of the fact that one person is an employee of
the other or both persons are employees of a third person.
(3) Without limiting the generality of subsection (1) and subject to subsection (4), the following shall
be treated as associates —
(a) an individual and a relative of the individual;
(b) members of an association of persons;
(c) a member of an association of persons and the association, where the member, either alone or
together with an associate or associates under another application of this section, controls fifty
per cent or more of the rights to income or capital of the association;
(d) a trust and any person who benefits or may benefit under the trust;
(e) a shareholder in a company and the company, where the shareholder, either alone or together with
an associate or associates under another application of this section, controls either directly or
through one or more interposed persons —
(i) fifty per cent or more of the voting power in the company;
(ii) fifty per cent or more of the rights to dividends; or
(iii) fifty per cent or more of the rights to capital; and
(f) two companies, where a person, either alone or together with an associate or associates under
another application of this section, controls either directly or through one or more interposed
persons —
(i) fifty per cent or more of the voting power in both companies;
(ii) fifty per cent or more of the rights to dividends in both companies; or
(iii) fifty per cent or more of the rights to capital in both companies.
(4) Two persons shall not be associates under clause (a) or (b) of subsection (3) where the
Commissioner is satisfied that neither person may reasonably be expected to act in accordance with the
intentions of the other.
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(5) In this section, “relative” in relation to an individual, means —
(a) an ancestor, a descendant of any of the grandparents, or an adopted child, of the individual, or of a
spouse of the individual; or
(b) a spouse of the individual or of any person specified in clause (a).
PART II
INDIVIDUALS
Division I
Taxation of Individuals
86. Principle of taxation of individuals.— Subject to this Ordinance, the taxable income of each
individual shall be determined separately.
87. Deceased individuals.— (1) The legal representative of a deceased individual shall be liable for —
(a) any tax that the individual would have become liable for if the individual had not died; and
(b) any tax payable in respect of the income of the deceased’s estate.
(2) The liability of a legal representative under this section shall be limited to the extent to which the
deceased‘s estate is capable of meeting the liability.
1[(2A) The liability under this Ordinance shall be the first charge on the deceased’s estate.]
(3) For the purpose of this Ordinance, —
(a) any proceeding taken under this Ordinance against the deceased before his or her death shall be
treated as taken against the legal representative and may be continued against the legal
representative from the stage at which the proceeding stood on the date of the deceased’s death;
and
(b) any proceeding which could have been taken under this Ordinance against the deceased if the
deceased had survived may be taken against the legal representative of the deceased.
(4) In this section, “legal representative” means a person who in law represents the estate of a deceased
person, and includes any person who intermeddles with the estate of the deceased and where a party sues or is
sued in representative character the person on whom the estate devolves on the death of the party so suing or
sued.
1 Ins by the Finance Act, 2010, s.8(8).
127
Division II
Provisions Relating to Averaging
88. An individual as a member of an association of persons.— If, for a tax year, an individual has
taxable income and derives an amount or amounts exempt from tax under subsection (1) of section 92, the
amount of tax payable on the taxable income of the individual shall be computed in accordance with the
following formula, namely: —
(A/B) x C
where —
A is the amount of tax that would be assessed to the individual for the year if the amount or amounts
exempt from tax under subsection (1) of section 92 were chargeable to tax;
B is the taxable income of the individual for the year if the amount or amounts exempt from tax
under subsection (1) of section 92 were chargeable to tax; and
C is the individual’s actual taxable income for the year.
1* * * * * * *
89. Authors.— Where the time taken by an author of a literary or artistic work to complete the work
exceeds twentyfour months, the author may elect to treat any lump sum amount received by the author in a
tax year on account of royalties in respect of the work as having been received in that tax year and the
preceding two tax years in equal proportions.
1 Section 88A omitted by Finance Act, 2014, s.7(14).
128
Division III
Income Splitting
90. Transfers of assets.— (1) For the purposes of this Ordinance and subject to subsection (2), where
there has been a revocable transfer of an asset, any income arising from the asset shall be treated as the
income of the transferor and not of the transferee.
(2) Subsection (1) shall not apply to any income derived by a person by virtue of a transfer that is not
revocable during the lifetime of the person and the transferor derives no direct or indirect benefit from such
income.
(3) For the purposes of this Ordinance, where there has been a transfer of an asset but the asset remains
the property of the transferor, any income arising from the asset shall be treated as the income of the
transferor.
(4) For the purposes of this Ordinance and subject to subsection (5), any income arising from any asset
transferred by a person directly or indirectly to—
(a) the person‘s spouse or minor child; or
(b) any other person for the benefit of a person or persons referred to in clause (a), shall be treated as
the income of the transferor.
(5) Subsection (4) shall not apply to any transfer made —
(a) for adequate consideration; or
(b) in connection with an agreement to live apart.
(6) For the purposes of clause (a) of subsection (5), a transfer shall not be treated as made for adequate
consideration if the transferor has provided, by way of loan or otherwise, to the transferee, directly or
indirectly, with the funds for the acquisition of the asset.
(7) Subsection (5) does not apply where the transferor fails to produce evidence of the transfer of the
asset by way of its registration or
129
mutation in the relevant record and the income arising from the asset shall be treated as the income of the
transferor for the purposes of this Ordinance.
(8) For the purposes of this section, —
(a) a transfer of an asset shall be treated as revocable if —
(i) there is any provision for the retransfer, directly or indirectly, of the whole or any part of the asset
to the transferor; or
(ii) the transferor has, in any way, the right to resume power, directly or indirectly, over the whole or
any part of the asset;
(b) “minor child” shall not include a married daughter; and
(c) “transfer” includes any disposition, settlement, trust, covenant, agreement or arrangement.
91. Income of a minor child.— (1) Any income of a minor child for a tax year chargeable under the
head "Income from Business" shall be chargeable to tax as the income of the parent of the child with the
highest taxable income for that year.
(2) Subsection (1) shall not apply to the income of a minor child from a business acquired by the
child through an inheritance.
PART III
ASSOCIATIONS OF PERSONS
3[Provided that if at least one member of the association of persons is a company, the share of such
company or companies shall be excluded for the purpose of computing the total income of the association of
persons and the company or the companies shall be taxed separately, at the rate applicable to the companies,
according to their share.]
4* * * * * * *
5* * * * * * *
1 The words, brackets, figure and comma “Subject to subsection (2)” omitted by the Finance Act, 2007 , s.20(9)(i).
2 Ins by the Finance Act, 2003, s.12(40)(a).
3 Full stop substituted by a colon and thereafter a proviso assed by the Finance Act, 2014, s.7(15).
4 Subsections (2), (3), (4) and (5) omitted by the Finance Act, 2007, s.20(9)(ii).
5 Section 93 omitted ibid, s.20(10).
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PART IV
COMPANIES
94. Principles of taxation of companies.(1) A company shall be liable to tax separately from its
shareholders.
(2) A dividend paid by a 1[*] company shall be taxable in accordance with section 5.
(3) A dividend paid by a nonresident company to a resident person shall be chargeable to tax under the
head “Income from Business” or “Income from Other Sources”, as the case may be, unless the dividend is
exempt from tax.
95. Disposal of business by individual to whollyowned company.(1) Where a resident individual
(hereinafter referred to as the “transferor”) disposes of all the assets of a business of the transferor to a
resident company, no gain or loss shall be taken to arise on the disposal if the following conditions are
satisfied, namely:—
(a) The consideration received by the transferor for the disposal is a share or shares in the company
(other than redeemable shares);
(b) the transferor must beneficially own all the issued shares in the company immediately after the
disposal;
(c) the company must undertake to discharge any liability in respect of the assets disposed of to the
company;
(d) any liability in respect of the assets disposed of to the company must not exceed the transferor’s
cost of the assets at the time of the disposal;
(e) the fair market value of the share or shares received by the transferor for the disposal must be
substantially the same as the fair market value of the assets disposed of to the company, less any
liability that the company has undertaken to discharge in respect of the assets; and
1 The word “resident”omitted by the FinanceAct,2015,s.9(18) (w.e.f. 01.07.2015)
131
(f) the company must not be exempt from tax for the tax year in which the disposal takes place.
(2) Where subsection (1) applies —
(a) each of the assets acquired by the company shall be treated as having the same character as it had
in the hands of the transferor;
(b) the company’s cost in respect of the acquisition of the assets shall be —
(i) in the case of a depreciable asset or amortised intangible, the written down value of the asset
or intangible immediately before the disposal;
(ii) in the case of stockintrade valued for tax purposes under subsection (4) of section 35 1[* *
*], that value; or
(iii) in any other case, the transferor‘s cost at the time of the disposal;
(c) if, immediately before the disposal, the transferor has deductions allowed under sections 22, 23
and 24 in respect of the assets transferred which have not been set off against the transferor’s
income, the amount not set off shall be added to the deductions allowed under those sections to
the company in the tax year in which the transfer is made; and
(d) the transferor‘s cost in respect of the share or shares received as consideration for the disposal
shall be —
(i) in the case of a consideration of one share, the transferor‘s cost of the assets transferred as
determined under clause (b), less the amount of any liability that the company has undertaken
to discharge in respect of the assets; or
1 The words “at fair market value” omitted by the Finance Act, 2007, s.20(11).
132
(ii) in the case of a consideration of more than one share, the amount determined under sub
clause (i) divided by the number of shares received.
(3) In determining whether the transferor‘s deductions under sections 22, 23 or 24 have been set off
against income for the purposes of clause (c) of subsection (2), those deductions shall be taken into account
last.
96. Disposal of business by association of persons to whollyowned company.— (1) Where a resident
association of persons disposes of all the assets of a business of the association to a resident company, no gain
or loss shall be taken to arise on the disposal if the following conditions are satisfied, namely: —
(a) The consideration received by the association for the disposal is a share or shares in the company
(other than redeemable shares);
(b) the association must own all the issued shares in the company immediately after the disposal;
(c) each member of the association must have an interest in the shares in the same proportion to the
member’s interest in the business assets immediately before the disposal;
(d) the company must undertake to discharge any liability in respect of the assets disposed of to the
company;
(e) any liability in respect of the assets disposed of to the company must not exceed the association‘s
cost of the asset at the time of the disposal;
(f) the fair market value of the share or shares received by the association for the disposal must be
substantially the same as the fair market value of the assets disposed of to the company, as
reduced by any liability that the company has undertaken to discharge in respect of the assets;
and
(g) the company must not be exempt from tax for the tax year in which the disposal takes place.
(2) Where subsection (1) applies —
(a) each of the assets acquired by the company shall be treated as having the same character as it had
in the hands of the association;
(b) the company’s cost in respect of the acquisition of the assets shall be —
(i) in the case of a depreciable asset or amortised intangible, the written down value of the asset
or intangible immediately before the disposal;
(ii) in the case of stockintrade valued for tax purposes under subsection (4) of section 35 1[* *
*], that value; or
(iii) in any other case, the association’s cost at the time of the disposal;
1 The words “at fair market value” omitted by the Finance Act, 2007, s.20(12).
133
(c) if, immediately before the disposal, the association is subject to tax in accordance with subsection
(1) of section 92 and the association has deductions allowed under sections 22, 23 and 24 in
respect of the assets transferred which have not been set off against the association‘s income, the
amount not set off shall be added to the deductions allowed under those sections to the company
in the tax year in which the transfer is made; and
(d) the association’s cost in respect of the share or shares received as consideration for the
disposal shall be —
(i) in the case of a consideration of one share, the association’s cost of the assets transferred
as determined under clause (b), as reduced by the amount of any liability that the
company has undertaken to discharge in respect of the assets; or
(ii) in the case of a consideration of more than one share, the amount determined under sub
clause (i) divided by the number of shares received.
(3) In determining whether the association’s deductions under Sections 22, 23 or 24 have been set off
against income for the purposes of clause (c) of subsection (2), those deductions are taken into account last.
97. Disposal of asset between whollyowned companies.—(1) Where a resident company (hereinafter
referred to as the “transferor”) disposes of an asset to another resident company (hereinafter referred to as the
“transferee’), no gain or loss shall be taken to arise on the disposal if the following conditions are satisfied,
namely:
(a) Both companies belong to a whollyowned group of 1[resident] companies at the time of the
disposal;
(b) the transferee must undertake to discharge any liability in respect of the asset acquired;
(c) any liability in respect of the asset must not exceed the transferor’s cost of the asset at the time of
the disposal; and
(d) the transferee must not be exempt from tax for the tax year in which the disposal takes place.
(2) Where subsection (1) applies —
(a) the asset acquired by the transferee shall be treated as having the same character as it had in the
hands of the transferor;
1 Ins by the Finance Act, 2003, s.12(42).
134
(b) the transferee’s cost in respect of the acquisition of the asset shall be —
(i) in the case of a depreciable asset or amortized intangible, the written down value of the asset
or intangible immediately before the disposal;
(ii) in the case of stockintrade valued for tax purposes under subsection (4) of section 35 1[* *
*], that value; or
(iii) in any other case, the transferor’s cost at the time of the disposal;
(c) if, immediately before the disposal, the transferor has deductions allowed under sections 22, 23
and 24 in respect of the asset transferred which have not been set off against the transferor’s
income, the amount not set off shall be added to the deductions allowed under those sections to
the transferee in the tax year in which the transfer is made; and
(d) the transferor’s cost in respect of any consideration in kind received for the asset shall be the
transferor‘s cost of the asset transferred as determined under clause (b), as reduced by the amount
of any liability that the transferee has undertaken to discharge in respect of the asset.
(3) In determining whether the transferor‘s deductions under sections 22, 23 or 24 in respect of the asset
transferred have been set off against income for the purposes of clause (c) of subsection (2), those deductions
shall be taken into account last.
(4) The transferor and transferee companies belong to a whollyowned group if —
(a) one company beneficially holds all the issued shares of the other company; or
1 The words “at fair market value” omitted by the Finance Act, 2007, s.20 (13).
135
(b) a third company beneficially holds all the issued shares in both companies.
1[97A. Disposal of asset under a scheme of arrangement and reconstruction.—(1) No gain or loss shall
be taken to arise on disposal of asset from one company (hereinafter referred to as the ‘transferor’) to another
company (hereinafter referred to as the ‘transferee’) by virtue of operation of a Scheme of Arrangement and
Reconstruction under sections 282L and 284 to 287 of the Companies Ordinance, 1984 (XLVII of 1984) or
section 48 of the Banking Companies Ordinance, 1962 (LVII of 1962), if the following conditions are
satisfied, namely:—
(a) the transferee must undertake to discharge any liability in respect of the asset acquired;
(b) any liability in respect of the asset must not exceed the transferor’s cost of the asset at the time of
the disposal;
(c) the transferee must not be exempt from tax for the tax year in which the disposal takes place; and
(d) scheme is approved by the High Court, State Bank of Pakistan or Securities and Exchange
Commission of Pakistan, as the case may be, on or after first day of July, 2007.
(2) No gain or loss shall be taken to arise on issue, cancellation, exchange or receipt of shares as a result
of Scheme of Arrangement and Reconstruction under sections 282L and 284 to 287 of the companies
Ordinance, 1984 (XLVII of 1984) or section 48 of the Banking Companies Ordinance, 1962 (LVII of 1962)
and approved by:—
(a) the High Court;
(b) State Bank of Pakistan; or
(c) Securities and Exchange Commission of Pakistan, as the case may be, on or after first day of July,
2007.
(3) Where subsection (1) applies—
(a) the asset acquired by the transferee shall be treated as having the same character as it had in the
hands of the transferor;
(b) the transferee’s cost in respect of acquisition of the asset shall be—
(i) in the case of a depreciable asset or amortised intangible, the written down value of the asset
or intangible immediately before the disposal;
(ii) in the case of stockintrade valued for tax purposes under subsection (4) of section 35, that
value; or
(iii) in any other case, the transferor‘s cost at the time of the disposal;
1 Ins by the Finance Act, 2007, s.20(14).
136
(c) if, immediately before the disposal, the transferor has deductions allowed under sections 22, 23
and 24 in respect of the asset transferred which have not been set off against the transferor’s
income, the amount not set off shall be added to the deduction allowed under those sections to the
transferee in the tax year in which the transfer is made.
(4) In determining whether the transferor‘s deductions under sections 22, 23 or 24 in respect of the asset
transferred have been set off against income for the purposes of clause (c) of subsection (2), those deductions
shall be taken into account last.
(5) Where subsection (2) applies and the shares issued vested by virtue of the Scheme of Arrangement
and Reconstruction under sections 282L and 284 to 287 of the Companies Ordinance, 1984 (XLVII of 1984)
or section 48 of the Banking Companies Ordinance, 1962 (LVII of 1962) and approved by the Court or State
Bank of Pakistan or Securities and Exchange Commission of Pakistan as the case may be, are disposed of, the
cost of shares shall be the cost prior to the operation of the said scheme.]
PART V
COMMON PROVISIONS APPLICABLE TO
ASSOCIATIONS OF PERSONS AND COMPANIES
98. Change in control of an entity.(1) Where there is a change of fifty per cent or more in the
underlying ownership of an entity, any loss incurred for a tax year before the change shall not be allowed as a
deduction in a tax year after the change, unless the entity —
(a) continues to conduct the same business after the change as it conducted before the change until
the loss has been fully set off; and
(b) does not, until the loss has been fully set off, engage in any new business or investment after the
change where the principal purpose of the entity or the beneficial owners of the entity is to utilise
the loss so as to reduce the income tax payable on the income arising from the new business or
investment.
(2) In this section,—
“entity” means a company or association of persons to which subsection (1) of section 92 applies;
“ownership interest” means a share in a company or the interest of a member in an association of
persons; and
“underlying ownership” in relation to an entity, means an ownership interest in the entity held,
directly or indirectly through an interposed entity or entities, by an individual or by a person not
ultimately owned by individuals.
137
1[PART VA
TAX LIABILITY IN CERTAIN CASES
98A. Change in the constitution of an association of persons. Where, during the course of a tax year, a
change occurs in the constitution of an association of persons, liability of filing the return on behalf of the
association of persons for the tax year shall be on the association of persons as constituted at the time of filing
of such return but the income of the association of persons shall be apportioned among the members who were
entitled to receive it and, where the tax assessed on a member cannot be recovered from him it shall be
recovered from the association of persons as constituted at the time of filing the return.
98B. Discontinuance of business or dissolution of an association of persons.—(1) Subject to the
provisions of section 117, where any business or profession carried on by an association of persons has been
discontinued, or where an association of persons is dissolved, all the provisions of this Ordinance, shall, so far
as may be, apply as if no such discontinuance or dissolution had taken place.
(2) Every person, who was, at the time of such discontinuance or dissolution, a member of such
association of persons and the legal representative of any such person who is deceased, shall be jointly and
severally liable for the amount of tax payable by the association of persons.
98C. Succession to business, otherwise than on death.—(1) Where a person carrying on any business
or profession has been succeeded in any tax year by any other person (hereafter in this section referred to as
the “predecessor” and “successor” respectively), otherwise than on the death of the predecessor, and the
successor continues to carry on that business or profession,
(a) the predecessor shall be liable to pay tax in respect of the income of the tax year in which the
succession took place upto the date of succession and of the tax year or years preceding that year;
and
(b) the successor shall be liable to pay tax in respect of the income of such tax year after the date of
succession.
(2) Notwithstanding anything contained in subsection (1), where the predecessor cannot be found, the tax
liability in respect of the tax year in which the succession took place upto the date of succession and of the tax
year or years preceding that year shall be that of the successor in like manner and to the same extent as it
would have been that of the predecessor, and all the provisions of this Ordinance shall, so far as may be, apply
accordingly.
(3) Where any tax payable under this section in respect of such business or profession cannot be
recovered from the predecessor, it shall be recoverable from the successor, who shall be entitled to recover it
from the predecessor.]
1 Ins by the Finance Act, 2003, s.12(43).
138
CHAPTER VI
SPECIAL INDUSTRIES
____________
PART I
INSURANCE BUSINESS
99. Special provisions relating to insurance business. The profits and gains of any insurance business
shall be computed in accordance with the rules in the Fourth Schedule.
1[99A.Special Provisions relation to traders.—(1) Subject to subsection (3), tax payable on the profits
and gains of a trader as defined in subsection(4) who upto thirsty first day of December, 2015 has not filed
the return for any of the preceding ten tax years shall be computed in accordance with the rules laid down in
Part I of the Ninth Schedule.
(2) Subject to subsection (3), tax payable on the profits and gains of any trader as defined in subsection
94), who —
(a) is a filer; or
(b) is NTN holder and a nonfiler but has filed return or returns of any of the last ten preceding years,
shall be computed in accordance with the rules laid down in Part II of the Ninth Schedule.
(3) Subsection (1) and (2) shall apply, if—
(a) the return filed by the traders qualifies for acceptance in accordance with the rules laid down in
the Ninth Schedule;
(b) return relates to the tax year 2015 to 2018; and
(c) income from business consists of profits and gains from trading activity only.
(4) For the purpose of this section and the Ninth Schedule, “trader” means an individual or an association
of persons (AOP) by goods or merchandise and selling the same without purposes and providing, business
related after sale, services by doing repair jobs.
Explanation I. if — For the removal of doubt it is clarified that any person engaged in—
(a) rendering of, or providing, services as defined in clause (ii) of subsection (7) of section 153 ;or
(b) business of retailer falling under rule (5) of Chapter II of the Sales Tax Special Procedure Rules,
2007, shall not be treated as a trader for the purposes of this section.
Explanation 2. —It is also clarified that this section shall not apply to this section who is a Member of the
Senate of Pakistan, the national Assembly of Pakistan or a Provincial Assembly.”]
__________
1 Ins., by the Income Tax (Amendment) Act, 2016, s.2.
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PART II
OIL, NATURAL GAS AND OTHER MINERAL DEPOSITS
100. Special provisions relating to the production of oil and natural gas, and exploration and
extraction of other mineral deposits.—(1) Subject to subsection (2), the profits and gains from—
(a) the exploration and production of petroleum including natural gas and from refineries set up at the
Dhodak and Bobi fields;
(b) the pipeline operations of exploration and production companies; or
(c) the manufacture and sale of liquified petroleum gas or compressed natural gas, and the tax payable
thereon shall be computed in accordance with the rules in Part I of the Fifth Schedule.
(2) Subsection (1) shall not apply to the profits and gains attributable to the production of petroleum
including natural gas discovered before the 24th day of September, 1954.
(3) The profits and gains of any business which consists of, or includes, the exploration and extraction of
such mineral deposits of a wasting nature (not being petroleum or natural gas) as may be specified in this
behalf by the Federal Government carried on by a person in Pakistan shall be computed in accordance with
the rules in Part II of the Fifth Schedule.
1[100A. Special provisions relating to banking business.—(1) Subject to subsection (2), the income,
profits and gains of any banking company as defined in clause (7) of section 2 and tax payable thereon shall
be computed in accordance with the rules in the Seventh Schedule.
(2) Subsection (1) shall apply to the profits and gains of the banking companies relevant to tax year 2009
and onwards.]
2[100B.
Special provision relating to capital gain tax.—(1) Capital gains on disposal of listed
securities and tax thereon, subject to section 37A, shall be computed, determined, collected and deposited in
accordance with the rules laid down in the Eighth Schedule.
(2) The provisions of sub–section (1) shall not apply to the following persons or class of persons, namely:
(a) a mutual fund;
(b) banking company, a nonbanking finance company and an insurance company subject to tax
under the Fourth Schedule;
(c) a modaraba;
3[(d) a company, in respect of debt securities only; and]
1 Ins by the Finance Act, 2007, s.20(15).
2 Ins by the Finance Act, 2012, s.15(7).
3 Clause (d) substituted by the Finance Act, 2014, s.7(16).
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(e) any other person or class of persons notified by the Board.]
1[100C. Tax credit for certain persons.(1) 2[The income of] Nonprofit organizations, trusts or welfare
institutions, as mentioned in subsection (2)
shall be allowed a tax credit equal to one hundred per cent of the tax payable, including minimum tax and
final taxes payable under any of the provisions of this Ordinance, subject to the following conditions, namely:
(a) return has been filed;
(b) tax required to be deducted or collected has been deducted or collected and paid; and
(c) withholding tax statements for the immediately preceding tax year have been filed.
(2) Persons eligible 3[and incomes] for tax credit under this section include
(a) any income of a trust or welfare institution or nonprofit organization from donations, voluntary
contributions, subscriptions, house property, investments in the securities of the Federal
Government and so much of the income chargeable under the head "income from business" as is
expended in Pakistan for the purposes of carrying out welfare activities:
Provided that in the case of income under the head “income from business", the exemption in
respect of income under the said head shall not exceed an amount which bears to the income,
under the said head, the same proportion as the said amount bears to the aggregate of the incomes
from the aforesaid sources of income.
(b) a trust administered under a scheme approved by the Federal Government in this behalf and
established in Pakistan exclusively for the purposes of carrying out such activities as are for the
benefit and welfare of—
1 Ins by the Finance Act, 2014, s.7(17).
2 Ins by the Finance Act, 2015, s.9(19)(a).
3 Ins ibid, s.9(16)(b)(i).
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(i) exservicemen and serving personnel, including civilian employees of the Armed Forces, and
their dependents; or
(ii) exemployees and serving personnel of the Federal Government or a Provincial Government
and their dependents, where the said trust is administered by a committee nominated by the
Federal Government or, as the case may be, a Provincial Government;
(c) a trust or welfare institution or nonprofit organization approved by Chief Commissioner for the
purposes of this 1[*]clause;
(d) income of a university or other educational institution being run by a nonprofit organization
existing solely for educational purposes and not for purposes of profit;
(e) any income which is derived from investments in securities of the Federal Government, profit on
debt from scheduled banks, grant received from Federal Government or Provincial Government or
District Governments, foreign grants and house property held under trust or other legal obligations
wholly, or in part only, for religious or charitable purposes and is actually applied or finally set
apart for application thereto:
Provided that nothing in this clause shall apply to so much of the income as is not expended within
Pakistan:
Provided further that if any sum out of the amount so set apart is expended outside Pakistan, it
shall be included in the total income of the tax year in which it is so expended or of the year in
which it was set apart, whichever is the greater, and the provisions of section 122 shall not apply
to any assessment made or to be made in pursuance of this proviso.
Explanation.—Notwithstanding anything contained in the Mussalman Wakf Validating Act, 1913 (VI of
1913), or any other law for the time being in force or in the instrument relating to the trust or the institution, if
any amount is set apart, expended or disbursed for the maintenance and support wholly or partially of the
family, children or descendents of the author of the trust or the donor or, the maker of the institution or for
his own maintenance and support during his life time or payment to himself or his family, children, relations or
descendents or for the payment of his or their debts out of the income from house property dedicated, or if
any expenditure is made other than for charitable purposes, in each case such expenditure, provision, setting
apart, payment or disbursement shall not be deemed, for the purposes of this clause, to be for religious or
charitable purposes; or
(f) any income of a religious or charitable institution derived from voluntary contributions applicable
solely to religious or charitable purposes of the institution:
Provided that nothing contained in this clause shall apply to the income of a private religious trust
which does not ensure for the benefit of the public.”;]
1 Omitted by the FinanceAct,2015, s. 9(19)(b)(ii).
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CHAPTER VII
INTERNATIONAL
_____________
PART I
GEOGRAPHICAL SOURCE OF INCOME
101. Geographical source of income.—(1) Salary shall be Pakistansource income to the extent to which
the salary —
(a) is received from any employment exercised in Pakistan, wherever paid; or
(b) is paid by, or on behalf of, the Federal Government, a Provincial Government, or a 1[Local
Government] in Pakistan, wherever the employment is exercised.
(2) Business income of a resident person shall be Pakistansource income to the extent to which the
income is derived from any business carried on in Pakistan.
(3) Business income of a nonresident person shall be Pakistansource income to the extent to which it is
directly or indirectly attributable to –
(a) a permanent establishment of the nonresident person in Pakistan;
(b) sales in Pakistan of goods merchandise of the same or similar kind as those sold by the person
through a permanent establishment in Pakistan; 2[*]
(c) other business activities carried on in Pakistan of the same or similar kind as those effected by the
nonresident through a permanent establishment in Pakistan 3[; or]
1 The words “local authority” subs by the Finance Act, 2008, s.18(34).
2 The word “or” omitted by the Finance Act, 2003, s.12(44)(a)(i).
3 Full stop subs ibid, s.12(44)(a)(ii).
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1[(d) any business connection in Pakistan.]
2[(4) Where the business of a nonresident person comprises the rendering of independent services
(including professional services and services of entertainers and sports persons), the Pakistansource business
income of the person shall include [in addition to any amounts treated as Pakistansource income under sub
section (3)] any remuneration derived by the person where the remuneration is paid by a resident person or
borne by a permanent establishment in Pakistan of a nonresident person.]
(5) Any gain from the disposal of any asset or property used in deriving any business income referred to in
subsection (2), (3) or (4) shall be Pakistansource income.
(6) A dividend shall be Pakistansource income if it is 3[—]
4[(a) paid by a resident company; or
(b) dividend as per provisions of subclause (f) of clause (19) of section 2.]
(7) Profit on debt shall be Pakistansource income if it is —
(a) paid by a resident person, except where the profit is payable in respect of any debt used for the
purposes of a business carried on by the resident outside Pakistan through a permanent
establishment; or
(b) borne by a permanent establishment in Pakistan of a nonresident person.
(8) A royalty shall be Pakistansource income if it is —
(a) paid by a resident person, except where the royalty is payable in respect of any right, property, or
information used, or services utilized for the purposes of a business carried on by the resident
outside Pakistan through a permanent establishment; or
1 Ins by the Finance Act, 2003, s.12(44)(a)(iii).
2 Subsection (4) subs ibid, s.12(44)(b).
3 The words and full stop “paid by a resident company” subs a hyphen by the Finance Act, 2012, s.15(18).
4 Added ibid, s.15(18).
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(b) borne by a permanent establishment in Pakistan of a nonresident person.
(9) Rental income shall be Pakistansource income if it is derived from the lease of immovable property in
Pakistan whether improved or not, or from any other interest in or over immovable property, including a right
to explore for, or exploit, natural resources in Pakistan.
(10) Any gain from the alienation of any property or right referred to in subsection (9) or from the
alienation of any share in a company the assets of which consist wholly or principally, directly or indirectly, of
property or rights referred to in subsection (9) shall be Pakistansource income.
(11) A pension or annuity shall be Pakistansource income if it is paid by a resident or borne by a
permanent establishment in Pakistan of a nonresident person.
(12) A technical fee shall be Pakistansource income if it is –
(a) paid by a resident person, except where the fee is payable in respect of services utilized in a
business carried on by the resident outside Pakistan through a permanent establishment; or
(b) borne by a permanent establishment in Pakistan of a nonresident person.
(13) Any gain arising on the disposal of shares in a resident company shall be Pakistansource income.
1[(13A) Any amount paid on account of insurance or reinsurance premium by an insurance company to
an overseas insurance or reinsurance company shall be deemed to be Pakistan source income.]
(14) Any amount not mentioned in the preceding subsections shall be Pakistansource income if it is paid
by a resident person or borne by a permanent establishment in Pakistan of a nonresident person.
(15) Where an amount may be dealt with under subsection (3) and under another subsection (other than
subsection 14)), this section shall apply—
(a) by first determining whether the amount is Pakistansource income under that other subsection;
and
(b) if the amount is not Pakistansource income under that subsection, then determining whether it is
Pakistansource income under subsection (3).
(16) An amount shall be foreignsource income to the extent to which it is not Pakistansource income.
1 Ins by the Finance Act, 2008, s.18(6).
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PART II
TAXATION OF FOREIGNSOURCE INCOME OF RESIDENTS
102. Foreign source salary of resident individuals.—(1) Any foreignsource salary received by a
resident individual shall be exempt from tax if the individual has paid foreign income tax in respect of the
salary.
(2) A resident individual shall be treated as having paid foreign income tax in respect of foreignsource
salary if tax has been withheld from the salary by the individual‘s employer and paid to the revenue authority
of the foreign country in which the employment was exercised.
103. Foreign tax credit.—(1) Where a resident taxpayer derives foreign source income chargeable to tax
under this Ordinance in respect of which the taxpayer has paid foreign income tax, the taxpayer shall be
allowed a tax credit of an amount equal to the lesser of –
(a) the foreign income tax paid; or
(b) the Pakistan tax payable in respect of the income.
(2) For the purposes of clause (b) of subsection (1), the Pakistan tax payable in respect of foreign source
income derived by a taxpayer in a tax year shall be computed by applying the average rate of Pakistan income
tax applicable to the taxpayer for the year against the taxpayer‘s net foreignsource income for the year.
(3) Where, in a tax year, a taxpayer has foreign income under more than one head of income, this section
shall apply separately to each head of income.
(4) For the purposes of subsection (3), income derived by a taxpayer from carrying on a speculation
business shall be treated as a separate head of income.
(5) The tax credit allowed under this section shall be applied in accordance with subsection (3) of section
4.
(6) Any tax credit or part of a tax credit allowed under this section for a tax year that is not credited under
subsection (3) of section 4 shall not be refunded, carried back to the preceding tax year, or carried forward to
the following tax year.
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(7) A credit shall be allowed under this section only if the foreign income tax is paid within two years after
the end of the tax year in which the foreign income to which the tax relates was derived by the resident
taxpayer.
(8) In this section,—
“average rate of Pakistan income tax” in relation to a taxpayer for a tax year, means the
percentage that the Pakistani income tax (before allowance of the tax credit under this section) is
of the taxable income of the taxpayer for the year;
“foreign income tax” includes a foreign withholding tax; and
“net foreignsource income” in relation to a taxpayer for a tax year, means the total foreign
source income of the taxpayer charged to tax in the year, as reduced by any deductions allowed
to the taxpayer under this Ordinance for the year that –
(a) relate exclusively to the derivation of the foreignsource income; and
(b) are reasonably related to the derivation of foreignsource income in accordance with sub
section (1) of section 67 and any rules made for the purposes of that section.
104. Foreign losses.—(1) Deductible expenditures incurred by a person in deriving foreignsource
income chargeable to tax under a head of income shall be deductible only against that income.
(2) If the total deductible expenditures referred to in subsection (1) exceed the total foreign source
income for a tax year chargeable to tax under a head of income (hereinafter referred to as a “foreign loss”),
the foreign loss shall be carried forward to the following tax year and set off against the foreign source income
chargeable to tax under that head in that year, and so on, but no foreign loss shall be carried forward to more
than six tax years immediately succeeding the tax year for which the loss was computed.
(3) Where a taxpayer has a foreign loss carried forward for more than one tax year, the loss for the earliest
year shall be set off first.
(4) Section 67 shall apply for the purposes of this section on the basis that —
(a) income from carrying on a speculation business is a separate head of income; and
(b) foreign source income chargeable under a head of income (including the head specified in clause
(a) shall be a separate head of income.
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PART III
TAXATION OF NONRESIDENTS
105. Taxation of a permanent establishment in Pakistan of a nonresident person.—(1) The
following principles shall apply in determining the income of a permanent establishment in Pakistan of a non
resident person chargeable to tax under the head “Income from Business”, namely: —
(a) The profit of the permanent establishment shall be computed on the basis that it is a distinct and
separate person engaged in the same or similar activities under the same or similar conditions and
dealing wholly independently with the nonresident person of which it is a permanent
establishment;
(b) subject to this Ordinance, there shall be allowed as deductions any expenses incurred for the
purposes of the business activities of the permanent establishment including executive and
administrative expenses so incurred, whether in Pakistan or elsewhere;
(c) no deduction shall be allowed for amounts paid or payable by the permanent establishment to its
head office or to another permanent establishment of the nonresident person (other than towards
reimbursement of actual expenses incurred by the nonresident person to third parties) by way of:
(i) royalties, fees or other similar payments for the use of any tangible or intangible asset by
the permanent establishment;
(ii) compensation for any services including management services performed for the
permanent establishment; or
(iii) profit on debt on moneys lent to the permanent establishment, except in connection with
a banking business; and
(d) no account shall be taken in the determination of the income of a permanent establishment of
amounts charged by the permanent establishment to the head office or to another permanent
establishment of the nonresident person (other than towards reimbursement of actual expenses
incurred by the permanent establishment to third parties) by way of:
(i) royalties, fees or other similar payments for the use of any tangible or intangible asset;
(ii) compensation for any services including management services performed by the permanent
establishment; or
(iii) profit on debt on moneys lent by the permanent establishment, except in connection with a
banking business.
(2) No deduction shall be allowed in computing the income of a permanent establishment in Pakistan of a
nonresident person chargeable to tax under the head “Income from Business” for a tax year for head office
expenditure in excess of the amount as bears to the turnover of the permanent establishment in Pakistan the
same proportion as the nonresident‘s total head office expenditure bears to its worldwide turnover.
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(3) In this section, “head office expenditure” means any executive or general administration expenditure
incurred by the nonresident person outside Pakistan for the purposes of the business of the Pakistan
permanent establishment of the person, including —
(a) any rent, local rates and taxes excluding any foreign income tax, current repairs, or insurance
against risks of damage or destruction outside Pakistan;
(b) any salary paid to an employee employed by the head office outside Pakistan;
(c) any traveling expenditures of such employee; and
(d) any other expenditures which may be prescribed.
(4) No deduction shall be allowed in computing the income of a permanent establishment in Pakistan of a
nonresident person chargeable under the head “Income from Business” for —
(a) any profit paid or payable by the nonresident person on debt to finance the operations of the
permanent establishment; or
(b) any insurance premium paid or payable by the nonresident person in respect of such debt.
106. Thin capitalization.—(1) Where a foreigncontrolled resident company (other than a financial
institution 1[or a banking company)] 2[or a branch of a foreign company operating in Pakistan,] has a foreign
debttoforeign equity ratio in excess of three to one at any time during a tax year, a deduction shall be
disallowed for the profit on debt paid by the company in that year on that part of the debt which exceeds the
three to one ratio.
(2) In this section, —
“foreigncontrolled resident company” means a resident company in which fifty per cent or more
of the underlying ownership of the company is held by a nonresident person (hereinafter referred
to as the “foreign controller”) either alone or together with an associate or associates;
“foreign debt” in relation to a foreigncontrolled resident company, means the greatest amount, at
any time in a tax year, of the sum of the following amounts, namely: —
(a) The balance outstanding at that time on any debt obligation owed by the foreigncontrolled
resident company to a foreign controller or nonresident associate of the foreign controller on
which profit on debt is payable which profit on debt is deductible to the foreigncontrolled
resident company and is not taxed under this Ordinance or is taxable at a rate lower than the
3[corporate rate] of tax applicable on assessment to the foreign controller or associate; and
1 Ins by the Finance Act, 2002, s.8(31)(a).
2 Ins by the Finance Act, 2008, s.18(7).
3 The words “corporate tax” substituted by the Finance Act, 2002, s.8(31)(b).
149
(b) the balance outstanding at that time on any debt obligation owed by the foreigncontrolled
resident company to a person other than the foreign controller or an associate of the foreign
controller where that person has a balance outstanding of a similar amount on a debt
obligation owed by the person to the foreign controller or a nonresident associate of the
foreign controller; and
“foreign equity” in relation to a foreigncontrolled resident company and for a tax year, means the
sum of the following amounts, namely: —
(a) The paidup value of all shares in the company owned by the foreign controller or a nonresident
associate of the foreign controller at the beginning of the tax year;
(b) so much of the amount standing to the credit of the share premium account of the company at the
beginning of the tax year as the foreign controller or a nonresident associate would be entitled to
if the company were wound up at that time; and
(c) so much of the accumulated profits and asset revaluation reserves of the company at the beginning
of the tax year as the foreign controller or a nonresident associate of the foreign controller would
be entitled to if the company were wound up at that time; reduced by the sum of the following
amounts, namely: —
(i) the balance outstanding at the beginning of the tax year on any debt obligation owed to
the foreigncontrolled resident company by the foreign controller or a nonresident
associate of the foreign controller; and
(ii) where the foreigncontrolled resident company has accumulated losses at the beginning
of the tax year, the amount by which the return of capital to the foreign controller or non
resident associate of the foreign controller would be reduced by virtue of the losses if the
company were wound up at that time.
PART IV
AGREEMENTS FOR THE AVOIDANCE OF DOUBLE TAXATION AND PREVENTION OF FISCAL
EVASION
107. Agreements for the avoidance of double taxation and prevention of fiscal evasion.—1[(1) The
Federal Government may enter into an agreement, bilateral or multilateral with the government or
governments of foreign countries or tax jurisdictions for the avoidance of double taxation and the prevention
of fiscal evasion and exchange of information including automatic exchange of information with respect to
taxes on income imposed under this Ordinance and under the corresponding laws in force in that country, and
may, by notification in the official Gazette make such provisions as may be necessary for implementing the
agreement].
2[“(1A) Notwithstanding anything contained in any other law to the country, the Board shall have the
powers to obtain and collect information when solicited by another country under a tax treaty, a tax
information exchange agreement, a multilateral convention, an intergovernmental agreement, a similar
arrangement or mechanism.
1 Subs by the Finance Act, 2015, s.9(20)(a).
2 Ins ibid, s.9(20)(b).
150
(1B) Notwithstanding the provisions of the Freedom of Information Ordinance, 2002 (XCVI of 2002),any
information received or supplied, and any concomitant communication or correspondence made, under a tax
treaty, a tax information exchange agreement, a multilateral convention, a similar arrangement or mechanism,
shall be confidential subject to subsection (3) of section 216.”]
(2) Where any agreement is made in accordance with subsection (1), the agreement and the provisions
made by notification for implementing the agreement shall, notwithstanding anything contained in any law for
the time being in force, have effect in so far as they provide for –
(a) relief from the tax payable under this Ordinance;
(b) the determination of the Pakistansource income of nonresident persons;
(c) where all the operations of a business are not carried on within Pakistan, the determination of the
income attributable to operations carried on within and outside Pakistan, or the income chargeable
to tax in Pakistan in the hands of nonresident persons, including their agents, branches, and
permanent establishments in Pakistan;
(d) the determination of the income to be attributed to any resident person having a special
relationship with a nonresident person; and
(e) the exchange of information for the prevention of fiscal evasion or avoidance of taxes on income
chargeable under this Ordinance and under the corresponding laws in force in that other country.
(3) Notwithstanding anything in subsections (1) or (2), any agreement referred to in subsection (1) may
include provisions for the relief from tax for any period before the commencement of this Ordinance or before
the making of the agreement.
CHAPTER VIII
ANTIAVOIDANCE
108. Transactions between associates.—(1) The Commissioner may, in respect of any transaction
between persons who are associates, distribute, apportion or allocate income, deductions or tax credits
between the persons as is necessary to reflect the income that the persons would have realized in an arm’s
length transaction.
(2) In making any adjustment under subsection (1), the Commissioner may determine the source of
income and the nature of any payment or loss as revenue, capital or otherwise.
109. Recharacterisation of income and deductions.—(1) For the purposes of determining liability to tax
under this Ordinance, the Commissioner may–
(a) recharacterise a transaction or an element of a transaction that was entered into as part of a tax
avoidance scheme;
(b) disregard a transaction that does not have substantial economic effect; or
151
(c) recharacterise a transaction where the form of the transaction does not reflect the substance.
(2) In this section, “tax avoidance scheme” means any transaction where one of the main purposes of a
person in entering into the transaction is the avoidance or reduction of any person‘s liability to tax under this
Ordinance.
110. Salary paid by private companies. Where, in any tax year, salary is paid by a private company to
an employee of the company for services rendered by the employee in an earlier tax year and the salary has
not been included in the employee’s salary chargeable to tax in that earlier year, the Commissioner may, if
there are reasonable grounds to believe that payment of the salary was deferred, include the amount in the
employee’s income under the head “Salary” in that earlier year.
111. Unexplained income or assets.—(1) Where—
(a) any amount is credited in a person’s books of account;
(b) a person has made any investment or is the owner of any money or valuable article; 1[*]
(c) a person has incurred any expenditure 2[; or]
3[(d) any person has concealed income or furnished inaccurate particulars of income including —
(i) the suppression of any production, sales or any amount chargeable to tax; or
(ii) the suppression of any item of receipt liable to tax in whole or in part,]
and the person offers no explanation about the nature and source of the amount credited or the investment,
money, valuable article, or funds from which the expenditure was made 4[suppression of any production,
sales, any amount chargeable to tax and of any item of receipt liable to tax] or the explanation offered by the
person is not, in the Commissioner‘s opinion, satisfactory, the amount credited, value of the investment,
money, value of the article, or amount of expenditure 4[suppressed amount of production, sales or any amount
chargeable to tax or of any item of receipt liable to tax] shall be included in the person‘s income chargeable
to tax under head “Income from 5[other sources”] to the extent it is not adequately explained 6[:]
6[Provided that where a taxpayer explains the nature and source of the amount credited or the investment
made, money or valuable article owned or funds from which the expenditure was made, by way of agricultural
income, such explanation shall be accepted to the extent of agricultural income worked back on the basis of
agricultural income tax paid under the relevant provincial law.]
1 The word “or” omitted by the Finance Act, 2011, s.6(8)(a).
2 Comma subs ibid, s.6(8)(b).
3 New clause (d) added ibid,s.6(8)(c ).
4 Ins ibis, s.6(8)(d).
5 The word “Business” substituted by the Finance Act, 2002, s.8(32)(a).
6 Full stop substituted and thereafter a proviso added by the Finance Act, 2013, s.7(8).
152
(2) The amount referred to in subsection (1) shall be included in the person‘s income chargeable to tax in
the tax year 1[to which such amount relates].
2[(3) Where the declared cost of any investment or valuable article or the declared amount of expenditure
of a person is less than reasonable cost of the investment or the valuable article, or the reasonable amount of
the expenditure, the Commissioner may, having regard to all the circumstances, include the difference in the
person’s income chargeable to tax under the head “Income from other sources” in the tax year 3[to which the
investment, valuable article or the expenditure relates].]
4[(4) Subsection (1) does not apply, —
(a) to any amount of foreign exchange remitted from outside Pakistan through normal banking
channels that is encashed into rupees by a scheduled bank and a certificate from such bank is
produced to that effect 5[.]
6(b)* * * * * * *
(5) The 7[Board] may make rules under section 8[237] for the purposes of this section.
112. Liability in respect of certain security transactions.—(1) Where the owner of any security
disposes of the security and thereafter reacquires the security and the result of the transaction is that any
income payable in respect of the security is receivable by any person other than the owner, the income shall
be treated, for all purposes of the Ordinance, as the income of the owner and not of the other person.
(2) In this section, “security” includes 9[bonds, certificates, debentures,] stocks and shares.
1 subs by the Finance Act, 2010, s.8(9)(a).
2 Subsection (3) substituted by the Finance Act, 2003, s.12(45)(a).
3 subs by the Finance Act, 2010, s.8(9)(b).
4 Subsection (4) substituted by the Finance Act, 2004, s.6(14)(b).
5 The semicolon and the word “and” substituted by the Finance Act, 2010, s.8(9)(c )(i).
6 Clause (b) omitted ibid, s.8(9)(c ) (ii).
7 The words “Central Board of Revenue” substituted by the Finance Act, 2007,s.20(1)(d)(1B).
8 The figure “232” substituted by the Finance Act, 2002, s.8(32)(b). 9 Ins by the Finance Act, 2003, s.12(46).
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CHAPTER IX
MINIMUM TAX
1[113. Minimum tax on the income of certain persons. (1) This section shall apply to a resident
company 2[, an individual (having turnover of fifty million rupees or above in the tax year 2009 or in any
subsequent tax year) and an association of persons (having turnover of fifty million rupees or above in the tax
year 2007 or in any subsequent tax year)] where, for any reason whatsoever allowed under this Ordinance,
including any other law for the time being in force—
(a) loss for the year;
(b) the setting off of a loss of an earlier year;
(c) exemption from tax;
(d) the application of credits or rebates; or
(e) the claiming of allowances or deductions (including depreciation and amortization deductions) no
tax is payable or paid by the person for a tax year or the tax payable or paid by the person for a
tax year is less than 3[one] per cent of the amount representing the person‘s turnover from all
sources for that year:
Provided that this subsection shall not apply in the case of a company, which has declared
gross loss before set off of depreciation and other inadmissible expenses under the Ordinance. If
the loss is arrived at by setting off the aforesaid or changing accounting pattern, the Commissioner
may ignore such claim and proceed to compute the tax as per historical accounting pattern and
provision of this Ordinance and all other provisions of the Ordinance shall apply accordingly.
1 Inserted by the Finance Act, 2009, s.5(15).
2 Inserted by the Finance Act, 2010, s.8(10)(a)(i).
3 The word “onehalf” substituted by the Finance Act, 2013, s.7(9)(a).
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1[Explanation. For the purpose of this subsection, the expression “tax payable or paid” does not
include tax already paid or payable in respect of deemed income which is assessed as final discharge
of the tax liability under section 169 or under any other provision of this Ordinance.]
(2) Where this section applies:
(a) the aggregate of the person’s turnover as defined in subsection (3) for the tax year shall be treated
as the income of the person for the year chargeable to tax;
(b) the person shall pay as income tax for the tax year (instead of the actual tax payable under this
Ordinance),2[minimum tax computed on the basis of rates as specified in Division IX of Part I of
First Schedule];
(c) where tax paid under subsection (1) exceeds the actual tax payable under Part I, 3[clause (1) of
Division I, or] Division II of the First Schedule, the excess amount of tax paid shall be carried
forward for adjustment against tax liability under the aforesaid Part of the subsequent tax year:
Provided that the amount under this clause shall be carried forward and adjusted against tax
liability for 4[five] tax ears immediately succeeding the tax year for which the amount was paid.
(3) “turnover” means,
(a) the 5[gross sales or] gross receipts, exclusive of Sales Tax and Federal Excise duty or any trade
discounts shown on invoices, or bills, derived from the sale of goods, and also excluding any
amount taken as deemed
1 Added by the Finance Act, 2012, s.15(19)(b).
2 subs by the Finance Act, 2014, s.7(18)(ii).
3 Ins by the Finance Act, 2013, s.7(9)(b)(ii).
4 Subs by the Finance Act, 2011, s.6(9)(a).
5 Ins ibid, s.6(9)(b).
155
income and is assessed as final discharge of the tax liability for which tax is already paid or
payable;
(b) the gross fees for the rendering of services for giving benefits including commissions; except
covered by final discharge of tax liability for which tax is separately paid or payable;
(c) the gross receipts from the execution of contracts; except covered by final discharge of tax liability
for which tax is separately paid or payable; and
(d) the company’s share of the amounts stated above of any association of persons of which the
company is a member.]
1[113A. Minimum tax on builders.— (1) Subject to this Ordinance, where a person derives income
from the business of construction and sale of residential, commercial or other buildings, he shall pay minimum
tax at the rates as the Federal Government may notify in the official Gazette. The Federal Government may
also specify the mode, manner and time of payment of such amount of tax.
(2) The tax paid under this section shall be minimum tax on the income of the builder from the sale of
such residential, commercial or other building.]
2[“(3) This section shall not have effect till the 30th June, 2018.”]
3[113B. Minimum tax on land developers.—(1) Subject to this Ordinance, where a person derives
income from the business of development and sale of residential, commercial or other plots, he shall pay
minimum tax 4[at the rates of two per cent of the value of land notified by any authority for the purpose of
stamp duty] as the Federal Government may notify in the official Gazette]. The Federal Government may also
specify the mode, manner and time of payment of such amount of tax.
1 Section 113A substituted by the Finance Act, 2013, s.7(10).
2 Added by the Finance Act, 2015, s.9(21)(w.e.f.01.07.2015).
3 Section 113B substituted by the Finance Act, 2013, s.7(11).
4 Subs by the Finance Act, 2015, s.9(22)(w.e.f.01.07.2015).
156
(2) The tax paid under this section shall be minimum tax on the income of the developer from the sale of
such residential, commercial or other plots sold or booked.]
year 2014 and onwards, tax payable by a company 2[in respect of income which is subject to tax under
Division II of Part I of the First Schedule or minimum tax under any of the provisions of this Ordinance] shall
be higher of the Corporate Tax or Alternative Corporate Tax.
(2) For the purposes of this section.
(a) “Accounting Income” means the accounting profit before tax for the tax year, as disclosed in the
financial statements or as adjusted under subsection (7) or subsection (11) excluding share from
the associate recognized under equity method of accounting;
(b) "Alternative Corporate Tax" means the tax at a rate of seventeen per cent of a sum equal to
accounting income less the amounts, as specified in subsection (8), and determined in accordance
with provisions of subsection (7) hereinafter;
3[(c) “Corporate Tax” means total tax payable by the company under Division II of Part I of the First
Schedule and minimum tax payable under any of the provisions of this Ordinance.]
(3) The sum equal to accounting income, less any amount to be excluded therefrom under subsection (8),
shall be treated as taxable income for the purpose of this section.
(4) The excess of Alternative Corporate Tax paid over the Corporate Tax payable for the tax year shall be
carried forward and adjusted against the tax payable under Division II of Part I of the First Schedule, for
following year.
1 Section 113C ins by the Finance Act, 2014, s.7(19).
2 Ins by the Finance Act, 2015, s.9(23)(a)(w.e.f. 01.07.2015).
3 Subs ibid, s.9(23)(b).
157
(5) If the excess tax, as mentioned in subsection (4), is not wholly adjusted, the amount not adjusted shall
be carried forward to the following tax year and adjusted as specified in subsection (4) in that year, and so
on, but the said excess cannot be carried forward to more than ten tax years immediately succeeding the tax
year for which the excess was first computed.
Explanation. For the purpose of this subsection the mechanism for adjustment of excess of
Alternative Corporate Tax over Corporate Tax, specified in this section, shall not prejudice or
affect the entitlement of the taxpayer regarding carrying forward and adjustment of minimum tax
referred to in section 113 of this Ordinance.
(6) If Corporate Tax or Alternative Corporate Tax is enhanced or reduced as a result of any amendment,
or as a result of any order under the Ordinance, the excess amount to be carried forward shall be reduced or
enhanced accordingly.
(7) For the purposes of determining the “Accounting Income”, expenses shall be apportioned between the
amount to be excluded from accounting income under subsection (8) and the amount to be treated as taxable
income under subsection (2).
(8) The following amounts shall be excluded from accounting income for the purposes of computing
Alternative Corporate Tax:
(i) exempt income;
1[(ii) income which is subject to tax under Division II of Part I of the First Schedule and
minimum tax payable under any of the provisions of this Ordinance.]
(iii) income subject to tax credit under section 65D and 2[65E; and 100cc]
3* * * * * * *
(9) The provisions of this section shall not apply to taxpayers chargeable to tax in accordance with the
provisions contained in the Fourth, Fifth and Seventh Schedules.
(10) Tax credit under 4[sections 64B and] 65B shall be allowed against Alternative Corporate Tax.
(11) The Commissioner may make adjustments and proceed to compute accounting income as per
historical accounting pattern after providing an opportunity of being heard.”;]
5[“Explanation. For the removal of doubt, it is clarified that the taxes paid or payable other than
payable in II of Part I of the First Schedule shall remain payable in accordance with the mode or
manner prescribed under the respective provisions of this Ordinance.”]
1 Subs by the Finance Act, 2015, s.9(23)(c )(i).
2 Added ibid, , s.9(23)(c )(ii).
3 Clauses (iv) and (v) omitted by the Finance Act, 2015, s.9(23)(c )(iii).
4 Subs ibid, s.9(23)(d).
5 Added ibid, s.9(23)(c ).
158
CHAPTER X
PROCEDURE
PART I
RETURNS
114. Return of income. — (1) Subject to this Ordinance, the following persons are required to furnish a
return of income for a tax year, namely:–
1[(a) every company;]
2[(ab) every person (other than a company) whose taxable income for the year exceeds the maximum
amount that is not chargeable to tax under this Ordinance for the year; 3[or]]
4[(ac) any nonprofit organization as defined in clause (36) of section 2; 5[*]
(ad) any welfare institution approved under clause (58) of Part I of the Second Schedule;]
6[(b) any person not covered by clause 7[(a), (ab), (ac) or (ad)] who,—
(i) has been charged to tax in respect of any of the two preceding tax years;
(ii) claims a loss carried forward under this Ordinance for a tax year;
1 Clause (a) substituted by the Finance Act, 2003, s.12(47)(a).
2 Ins ibid, s.12(47)(a).
3 Ins by the Finance Act, 2011, s.6(11)(a)(i).
4 Ins by the Finance Act, 2006, s.17(11)(a).
5 The word “and” omitted by the Finance Act, 2011, s.6(11)(a)(ii).
6 Clause (b) substituted by the Finance Act, 2005, s.8(17).
7 The letters and word “(a) or (ab)” substituted by the Finance Act, 2006, s.17(11)(b).
159
(iii) owns immovable property with a land area of two hundred and fifty square yards or more or
owns any flat located in areas falling within the municipal limits existing immediately before
the commencement of Local Government laws in the provinces; or areas in a Cantonment; or
the Islamabad Capital Territory 1[;] ]
2[(iv) owns immoveable property with a land area of five hundred square yards or more located
in a rating area;
(v) owns a flat having covered area of two thousand square feet or more located in a rating area;
(vi) owns a motor vehicle having engine capacity above 1000 CC; 3[*]
(vii) has obtained National Tax Number [; or]
4[(viii) is the holder of commercial or industrial connection of connection of electricity where
the amount of annual bill exceeds rupees 5[five hundred thousand] 6[; or] ]
7[(ix) is 8[a resident person] registered with any chamber of commerce and industry or any trade
or business association or any market committee or any professional body including Pakistan
Engineering Council, Pakistan Medical and Dental Council, Pakistan Bar Council or any
Provincial Bar Council, Institute of Chartered Accountants of Pakistan or Institute of Cost
and Management Accountants of Pakistan.]
1 Full stop substituted by the Finance Act, 2009, s.5(17)(a)(i).
2 Ins ibid, s.5(17)(a)(ii).
3 The word “and” omitted by the Finance Act, 2011, s.6(11)(a)(iii)(a).
4 Added ibid, s.6(11)(a)(iii)(c).
5 The words “one million” substituted by the Finance Act, 2013, s.7(12)(A)(i)(a).
6 Full stop subs ibid, s.7(12)(A)(i)(b).
7 Added ibid, s.7(12)(A)(ii).
8 The words “a resident person” inserted by the Finance Act, 2014, s.7(20).
160
1[(1A) Every individual whose income under the head “Income from business” exceeds rupees three
hundred thousand but does not exceed rupees 2[four hundred thousand] in a tax year is also required to
furnish return of income from the tax year.]
3[(2) A return of income
(a) shall be in the prescribed form and shall be accompanied by such annexures, statements or
documents as may be prescribed;
(b) shall fully state all the relevant particulars or information as specified in the form of return,
including a declaration of the records kept by the taxpayer; 4[*]
(c) shall be signed by the person, being an individual, or the person’s representative where section 172
applies 5[;] ]
6[(d) shall be accompanied with evidence of payment of due tax as per return of income; and
(e) shall be accompanied with a wealth statement as required under section 116.]
7[(2A) A return of income filed electronically on the web or any magnetic media or any other computer
readable media as may be specified by the Board shall also be deemed to be a return for the purpose of sub
section (1); and the Board may, by notification in the official Gazette, make rules for determining eligibility of
the data of such returns and eintermediaries who will digitize the data of such returns and transmit the same
electronically to
1 Inserted by the Finance Act, 2011, s.11(a)(iii)(b).
2 subs by the Finance Act, 2013, s.7(12)(B).
3 Subsection (2) substituted by the Finance Act, 2011, s.6(11)(B).
4 The word “and” omitted ibid, s. 6(11)(c )(i).
5 Full stop substituted by the Finance Act, 2011, s. 6(11)(C )(ii).
6 Ins ibid, s. 6(11)(C )(iii).
7 Ins by the Finance Act, 2005, s.8(17)(C ).
161
the Income Tax Department under their digital signatures 1[and other matters relating to electronic filing of
returns, statements or documents, etc.] ]
(3) The Commissioner may, by notice in writing, require a person, or a person‘s representative, as the case
may be, to furnish a return of income by the date specified in the notice for a period of less than twelve
months, where
(a) the person has died;
(b) the person has become bankrupt or gone into liquidation;
(c) the person is about to leave Pakistan permanently;
2(d) * * * * * * *
(e) the Commissioner otherwise considers it appropriate to require such a return to be furnished.
(4) Subject to subsection (5), the Commissioner may, by notice in writing, require any person who, in the
Commissioner‘s opinion, is required to file a return of income under this section for a tax year 3[or assessment
year] but who has failed to do so to furnish a return of income for that year within thirty days from the date of
service of such notice or such longer 4[or shorter] period as may be specified in such notice or as the
Commissioner may allow.
(5) A notice under subsection (4) may be issued 5[in respect of one or more] 6[of the] last five completed
tax years 7[or assessment years].
8[(6) Subject to subsection (6A), any person who, having furnished a return, discovers any omission or
wrong statement therein, may file revised return subject to the following conditions, namely: —
1 Ins by the Finance Act, 2007, s.20(18).
2 Clause (d) omitted by the Finance Act, 2003, s.12(47)(c ).
3 Ins ibid, s.12(47)(d).
4 Ins by the Finance Act, 2013, s.7(c ).
5 Subs by the Finance Act, 2003, s.12(47)(e).
6 Ins by the Finance Act, 2005, s.8(17)(d).
7 Subs by the Finance Act, 2004, s.6(17).
8 Subsection (6) substituted by the Finance Act, 2010, s.8(11)(a).
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(a) it is accompanied by the revised accounts or revised audited accounts, as the case may be; 1[*]
(b) the reasons for revision of return, in writing, duly signed, by the taxpayers are filed with the return
2[; 3[*] ]
4[(ba) it is accompanied by approval of the Commissioner in writing for revision of return; and]
5[(c) taxable income declared is not less than and loss declared is not more than income or loss, as the
case may be, determined by an order issued under sections 121, 122, 122A, 122C, 129, 132, 133
or 221:
Provided that if any of the above conditions is not fulfilled, the return furnished shall be
treated as an invalid return as if it had not been furnished 6[:]
7[“Provided further that the condition specified in clause (ba) shall not apply if revised return
is filed within sixty days of filling of return:
Provided also that where the commissioner has not made an order of approval in writing, for
revision of return, before the expiration of thirty days from the date when the revision of return
sought, the approval required under clause (ba) shall be deemed to be granted by the
commissioner, and condition specified in clause (ba) shall not apply:
Provided further that the mode and the manner for seeking the revision shall be as prescribed
by the Board.”]
1 The word “and” omitted by the Finance Act, 2012, s.15(20)(a).
2 Subs ibid, s.15(20)(a).
3 The word “and” omitted by the Finance Act, 2013, s.7(12)(d).
4 Ins ibid, s.7(12)(D).
5 Added by the Finance Act, 2012, s.15(20)(b).
6 Subs by the Finance Act, 2015, s.9(24)(w.e.f.01.074.2015).
7 Added ibid, s.9(24).(w.e.f. 01.07.2015).
163
1[(6A) If a taxpayer 2[files] a revised return voluntarily along with deposit of the amount of tax short
paid or amount of tax sought to be evaded along with the default surcharge, whenever it comes to his notice,
before receipt of notice under sections 177 or subsection (9) of 122, no penalty shall be recovered from him:
Provided that in case the taxpayer 3[deposits] the amount of tax as pointed out by the
Commissioner during the audit or before the issuance of notice under subsection (9) of section 122,
he shall deposit the amount of tax sought to be evaded, the default surcharge and twentyfive per cent
of the penalties leviable under the Ordinance along with the revised
return:
Provided further that in case the taxpayer 4[revises] the return after the issuance of a show cause
notice under subsection (9) of section 122, he shall deposit the amount of tax sought to be evaded,
default surcharge and fifty per cent of the leviable penalties under the Ordinance along with the
revised return and thereafter, the show cause notice shall stand abated.]
(7) Every return purporting to be made or signed by, or on behalf of a person shall be treated as having
been duly made by the person or with the person‘s authority until the person proves the contrary.
115. Persons not required to furnish a return of income. — 5[* * *]
6* * * * * * *
(3) The following persons shall not be required to furnish a return of income for a tax year solely by
reason of 7[subclause (iii)] of clause (b) of subsection (1) of section 114 –
1 Ins by the Finance Act, 2010,s. 8(11)(b).
2 The words “wishes to file” substituted by the Finance Act, 2011, s.6(11)(d)(i).
3 The words “wishes to deposit” subs ibid, s.6(11)(d)(ii).
4 The words “wishes to revise” subs ibid, s.6(11)(d)(iii).
5 Subsection (1) and the proviso there under omitted by the Finance Act, 2013,s.7(13)(a).
6 Subsection (2) omitted by the Finance Act, 2004, s.6(18)(ii).
7 The words, brackets and figures substituted by the Finance Act, 2008, s.18(9)(b).
164
(a) A widow;
(b) an orphan below the age of twentyfive years;
(c) a disabled person; or
(d) in the case of ownership of immovable property, a nonresident person.
1[(4) Any person who is not obliged to furnish a return for a tax year because all the person’s income is
subject to final taxation under sections 5, 6, 7, 148, 151 and 152, subsection (3) of section 153, sections 154,
156 and 156A, subsection (3) of section 233 or subsection (3) of section 234A shall furnish to the
Commissioner a statement showing such particulars relating to the person’s income for the tax year in such
form and verified in such manner as may be prescribed.]
2[(4A) Any person who, having furnished a statement, discovers any omission or wrong statement
therein, he may, without prejudice to any other liability which he may incur under this Ordinance, furnish a
revised statement for that tax year, at any time within five years from the end of the financial year in which
the original statement was furnished.]
3* * * * * * *
4[(5) Subject to subsection (6), the Commissioner may, by notice in writing, require any person who, in
his opinion, is required to file a prescribed statement under this section for a tax year but who has failed to do
so, to furnish a prescribed statement for that year within thirty days from the date of service of such notice or
such longer period as may be specified in such notice or as he may, allow.
(6) A notice under subsection (5) may be issued in respect of one or more of the last five completed tax
years.]
1 Subsection (4) substituted by the Finance Act, 2013, s.7(13)(b).
2 Inserted by the Finance Act, 2009, s.5(18)(c ).
3 Subsection (4B) omitted by the Finance Act, 2010, s.8(12).
4 Ins by the Finance Act, 2007, s.20(18A).
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116. Wealth statement.— (1) 1[The] Commissioner may, by notice in writing, require any person
2[being an individual] to furnish, on the date specified in the notice, a statement (hereinafter referred to as the
"wealth statement") in the prescribed form and verified in the prescribed manner giving particulars of —
(a) the person’s total assets and liabilities as on the date or dates specified in such notice;
(b) the total assets and liabilities of the person’s spouse, minor children, and other dependents as on
the date or dates specified in such notice;
(c) any assets transferred by the person to any other person during the period or periods specified in
such notice and the consideration for the transfer; 3[*]
(d) the total expenditures incurred by the person, and the person’s spouse, minor children, and other
dependents during the period or periods specified in the notice and the details of such
expenditures 4[; and]
4[(e) the reconciliation statement of wealth.]
9[Provided that every member of an association of persons 10[***] shall also furnish wealth
statement and wealth reconciliation statement for the year along with return of income of the
association.]
1 Substituted by the Finance Act, 2007, s.20(19)(a).
2 Ins by the Finance Act, 2013, s.7(14)(a).
3 The word “and” omitted by the Finance Act, 2009, s.5(19)(a)(i).
4 Full stop subs and thereafter a new clause inserted ibid, s.5(19)(a)(ii).
5 Ins by the Finance Act, 2011, s. 6(13)(a)(i).
6 Omitted by the Finance Act, 2013, s. 7(14)(b)(i), (w.e.f.. 2013 and onwards).
7 Ins by the Finance Act, 2009, s.5(19)(b).
8 Ins by the Finance Act, 2011, s.6(13)(a)(iii).
9 Ins by the Finance Act, 2011, s6(13)(a)(iii).
10 omitted by the Finance Act, 2013, s. .7(14)(b)(ii), (w.e.f.. 2013 and onwards).
166
1[(2A) Where a person, being an individual or an association of persons, files a return in response to a
provisional assessment order under section 122C, such return shall be accompanied by wealth statement along
with a wealth reconciliation statement and an explanation of source of acquisition of assets specified therein in
the case of an individual and wealth statements of all members in the case of an association of persons and
such wealth statements shall be accompanied by wealth reconciliation statements and explanation of source of
acquisition of assets specified therein.]
2[(3) Where a person, who has furnished a wealth statement, discovers any omission or wrong
statement therein, he may, without prejudice to any liability incurred by him under any provision of this
Ordinance, furnish a revised wealth statement 3[along with the revised wealth reconciliation and the reasons
for filing revised wealth statement,] at any time before an assessment, for the tax year to which it relates, is
made under subsection (1) or subsection (4) of section 122.]
4[(4) Every person (other than a company 5[or an association of persons]) persons]) filing statement
under subsection (4) of section 115, falling under final tax regime (FTR) 6[* * *] shall file a wealth statement
along with reconciliation of wealth statement.]
117. Notice of discontinued business. — (1) Any person discontinuing a business shall give the
Commissioner a notice in writing to that effect within fifteen days of the discontinuance.
(2) The person discontinuing a business shall, under the provisions of this Ordinance or on being required
by the Commissioner by notice, in writing, furnish a return of income for the period commencing on the first
day of the tax year in which the discontinuance occurred and ending on the date of discontinuance and this
period shall be treated as a separate tax year for the purposes of this Ordinance.
1 Subsection (2A) substituted by the Finance Act, 2011, s.6(13)(b).
2 Added by the Finance Act, 2003, s.12(49).
3 Ins by the Finance Act,2013, s.7(14)(c ).
4 Added by the Finance Act,2010, s. 8(13)(b).
5 Ins by the Finance Act,2013, s. .7(14)(d)(i).
6 Omitted by the Finance Act,2013, s.7(15)(d)(ii) (w.e.f.. 2013 and onwards).
167
(3) Where no notice has been given under subsection (1) but the Commissioner has reasonable grounds to
believe that a business has discontinued or is likely to discontinue, the Commissioner may serve a notice on
the person who has discontinued the business or is likely to discontinue the business to furnish to the
Commissioner within the time specified in the notice a return of income for the period specified in the notice.
(4) A return furnished under this section shall be treated for all purposes of this Ordinance as a return of
income, including the application of Section 120.
118. Method of furnishing returns and other documents. — (1) A return of income under section 114,
1[***] a statement required under subsection (4) of section 115 or a wealth statement under section 116 shall
be furnished in the prescribed manner.
(2) A return of income 2[under section 114 or a statement under subsection (4) of section 115] of a
company shall be furnished —
(a) in the case of a company with a tax year ending any time between the first day of January and the
thirtieth day of June, on or before the thirtyfirst day of December next following the end of the
tax year to which the return relates; or
(b) in any other case, on or before the thirtieth day of September next following the end of the tax
year to which the return relates.
3[(2A) Where salary income for the tax year is five hundred thousand rupees or more, the taxpayer shall
file return of income electronically in the prescribed form and it shall be accompanied by the proof of
deduction or payment of tax and wealth statement as required under section 116 4[:]
1 Omitted by the Finance Act, 2013, s.7(15)(a).
2 Ins by the Finance Act, 2003, s.12(50).
3 Ins by the Finance Act, 2013, s.7(15)(b).
4 Subs by the Finance Act, 2015, s.9(25)(w.e.f. 01.07.2015).
n> Ins by the Finance Act, 2007, s.20(18A).
168
1[Provided that the Board may amend the condition specified in this subsection or direct that
the said condition shall not apply for a tax year.”]
2[(3) A return of income for any person (other than a company), 3[* * *] or a statement required
under subsection (4) of section 115 shall be furnished as per the following schedule, namely:—
4[(a) in the case of a statement required under subsection (4) of section 115 or a return required to be
filed through eportal in the case of a salaried individual, on or before the 31st day of August next
following the end of the tax year to which the statement or return relates; or]
(b) in the case of a return of income for any person (other than a company), as described under clause
(a), on or before the 30th day of September next following the end of the tax year to which the
return relates.]
(4) A wealth statement shall be furnished by the due date specified in the notice requiring the person to
furnish such statement or, where the person is required to furnish the wealth statement for a tax year under
subsection (2) of section 116, by the due date for furnishing the return of income for that year.
(5) A return required to be furnished by a notice issued under section 117 shall be furnished by the due
date specified in the notice.
(6) Where a taxpayer is not borne on the National Tax Number Register and fails to file an application in
the prescribed form and manner with the taxpayer’s return of income 5[***], such return 6[**] shall not be
treated as a return 6[* *] furnished under this section.
119. Extension of time for furnishing returns and other documents.— (1) A person required to
furnish —
1 Proviso added by Finance Act, 2015, s.9(25) (w.e.f. 01.07.2015).
2 Subsection (3) substituted by the Finance Act, 2010, s.8(14).
3 Omitted by the Finance Act, 2013, s.7(15)(c )(i).
4 Clause (a) substituted by the Finance Act, 2013, s.7(15)(c ) (ii).
5 The words “or employer’s certificate” omitted by the Finance Act,2013, s.7(15)(d)(i).
6 The words “or certificate” omitted ibid, s.7(15)(d)(ii).
169
(a) a return of income under section 114 or 117;
1(b)* * * * * * *
(c) a statement required under subsection (4) of section 115; or
(d) a wealth statement under section 116,
may apply, in writing, to the Commissioner for an extension of time to furnish the return, 2[*] or statement, as
the case may be.
(2) An application under subsection (1) shall be made by the due date for furnishing the return of income,
3[**] or 4[*] statement to which the application relates.
(3) Where an application has been made under subsection (1) and the Commissioner is satisfied that the
applicant is unable to furnish the return of income, 5[* * *] or 6[* * *] statement to which the application
relates by the due date because of —
(a) absence from Pakistan;
(b) sickness or other misadventure; or
(c) any other reasonable cause,
the Commissioner may, by 7[order], in writing, grant the applicant an extension of time for furnishing the
return, 8[* * * ] or statement, as the case may be.
(4) An extension of time under subsection (3) should not exceed fifteen days from the due date for
furnishing the return of income, employer’s
certificate, or 9[*] statement, as the case may be, unless there are exceptional circumstances justifying a
longer extension of time.
10(5) * * * * * * *
(6) An extension of time granted under subsection (3) shall not 11[, for the purpose of charge of
12[default surcharge] under subsection (1) of section 205,] change the due date for payment of income tax
under section 137.
1 Clause (b) omitted by the Finance Act, 2013, s.7(16)(a)(i).
2 The word “certificate” omitted ibid, s.7(16)(a)(ii).
3 The words “employer certificate” omitted ibid, s.7(16)(b).
4 The word “wealth” omitted by the Finance Act, 2002, s.8(35)(a).
5 Omitted by the Finance Act,2013, s.7(16)(c )(i).
6 The word “wealth” omitted by the Finance Act, 2002, s.8(35)(b)(i).
7 Subs by the Finance Act, 2002, s.8(35)(b)(ii).
8 Omitted by the Finance Act,2013, s.7(16)(c )(iii).
9 The word “wealth” omitted by the Finance Act, 2002, s.8(35)(C ).
10 Subsection (5) omitted ibid, s.8(35)(d).
11 Ins ibid, s.8(35)(e).
12 Subs by the Finance Act,2010, s.8(15).
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PART II
ASSESSMENTS
1[120. Assessments.— (1) Where a taxpayer has furnished a complete return of income (other than a
revised return under subsection (6) of section 114) for a tax year ending on or after the 1st day of July, 2002,
—
(a) the Commissioner shall be taken to have made an assessment of taxable income for that tax year,
and the tax due thereon, equal to those respective amounts specified in the return; and
(b) the return shall be taken for all purposes of this Ordinance to be an assessment order issued to the
taxpayer by the Commissioner on the day the return was furnished.
2[(1A) Notwithstanding the provisions of subsection (1), the Commissioner may 3[conduct audit of the
income tax affairs of a person] under section 177 and all the provisions of that section shall apply
accordingly.]
(2) A return of income shall be taken to be complete if it is in accordance with the provisions of sub
section (2) of section 114.
(3) Where the return of income furnished is not complete, the Commissioner shall issue a notice to the
taxpayer informing him of the deficiencies (other than incorrect amount of tax payable on taxable income, as
specified in the return, or short payment of tax payable) and directing him to provide such information,
particulars, statement or documents by such date specified in the notice.
(4) Where a taxpayer fails to fully comply, by the due date, with the requirements of the notice under sub
section (3), the return furnished shall be treated as an invalid return as if it had not been furnished.
(5) Where, in response to a notice under subsection (3), the taxpayer has, by the due date, fully complied
with the requirements of the notice, the return furnished shall be treated to be complete on the day it was
furnished and the provisions of subsection (1) shall apply accordingly.
1 Section 120 substituted by the Finance Act, 2003, s.12(51).
2 Ins by the Finance Act, 2005, s.8(19).
3 Subs by the Finance Act, 2010, s.8(16).
171
(6) No notice under subsection (3) shall be issued after the 1[expiry of one hundred and eighty days from
the end of the financial year in which return was furnished], and the provisions of subsection (1) shall apply
accordingly.]
2120A. * * * * * * *
3121. Best judgment assessment.— (1) Where a person fails to —
4(a) * * * * * *
[(aa) furnish a statement as required by a notice under subsection (5) of section 115; or]
(b) furnish a return as required under section 143 or section 144; or
(c) furnish the statement as required under section 116; or
(d) produce before the Commissioner, or 5[a special audit penal appointed under subsection (11) of
section 177 or”] any person employed by a firm of chartered accountants 6[or a firm of cost and
management accountants] under section 177, accounts, documents and records required to be
maintained under section 174, or any other relevant document or evidence that may be required
by him for the purpose of making assessment of income and determination of tax due thereon,
the Commissioner may, based on any available information or material and to the best of his judgment, make
an assessment of the taxable income 7[or income] of the person and the tax due thereon 8[and the assessment,
if any,
1 Subs by the Finance Act, 2012, s.15(21).
2 Section 120A omitted by the Finance Act, 2013, s.7(17).
3 Section 121 subs by the Finance Act, 2003, s. 12(52).
4 Omitted by the Finance Act, 2010, s.8(17)(a).
5 Subs by the Finance Act, 2015, s.9(26) (w.e.f. 01.07.2015)
6 Ins by the Finance Act, 2010, s.5(17)(c ).
7 Ins by the Finance Act, 2010, s.8(17)(b).
8 Ins by the Finance Act, 2011, s.15(22).
172
treated to have been made on the basis of return or revised return filed by the taxpayer shall be of no legal
effect].
(2) As soon as possible after making an assessment under this section, the Commissioner shall issue the
assessment order to the taxpayer stating—
(a) the taxable income;
(b) the amount of tax due;
(c) the amount of tax paid, if any; and
(d) the time, place and manner of appealing the assessment order.
(3) An assessment order under this section shall only be issued within five years after the end of the tax
year or the income year to which it relates.]
122. Amendment of assessments.— (1) Subject to this section, the Commissioner may amend an
assessment order treated as issued under section 120 or issued under section 12111[, or issued under section
122C], 2[or 3[***],] by making such alterations or additions as the Commissioner considers necessary 4[***].
5[(2) No order under subsection (1) shall be amended by the Commissioner after the expiry of five
years from the end of the financial year in which the Commissioner has issued or treated to have issued the
assessment order to the taxpayer.]
(3) Where a taxpayer furnishes a revised return under subsection (6) 6[or (6A)] of section 114 —
1 Ins by the Finance Act, 2012, s.15(23)(a)(i).
2 Ins by the Finance Act, 2002, s.8(38)(a).
3 Omitted by the Finance Act, 2012, s.15(23)(a)(ii).
4 Omitted by the Finance Act, 2003, s.12(53)(a).
5 Subsection (2) substituted by the Finance Act, 2009, s.5(21)(a).
6 Subs by the Finance Act, 2010, s.8(18)(a).
173
(a) The Commissioner shall be treated as having made an amended assessment of the taxable income
and tax payable thereon as set out in the revised return; and
(b) the taxpayer’s revised return shall be taken for all purposes of this Ordinance to be an amended
assessment order issued to the taxpayer by the Commissioner on the day on which the revised
return was furnished.
(4) Where an assessment order (hereinafter referred to as the “original assessment”) has been amended
under subsection (1) 1[,] (3) 2[or (5A)], the Commissioner may further amend, 3[as many times as may be
necessary,] the original assessment within the later of —
(a) five years 4[from the end of the financial year in which] the Commissioner has issued or is treated
as having issued the original assessment order to the taxpayer; or
(b) one year 4[from the end of the financial year in which] the Commissioner has issued or is treated
as having issued the amended assessment order to the taxpayer.
5[(4A) In respect of an assessment made under the repealed Ordinance, nothing contained in subsection
(2) or, as the case may be, subsection (4) shall be so construed as to have extended or curtailed the time limit
specified in section 65 of the aforesaid Ordinance in respect of an assessment order passed under that section
and the timelimit specified in that section shall apply accordingly.]
6[(5) An assessment order in respect of tax year, or an assessment year, shall only be amended under sub
section (1) and an amended assessment for that year shall only be further amended under subsection (4)
where, on the basis of definite information acquired from an audit or otherwise, the Commissioner is satisfied
that —
1 Subs by the Finance Act, 2010, s.8(18)(b).
2 Ins ibid, s.8(18)(b).
3 Ins by the Finance Act, 2002, s.8(38)(b).
4 Subs by the Finance Act, 2009, s.5(21)(b)(i) & (ii).
5 Ins by the Finance Act, 2003, s.12(53)(b).
6 Subsection (5) subs ibid, s.12(53)(c ).
174
(i) any income chargeable to tax has escaped assessment; or
(ii) total income has been underassessed, or assessed at too low a rate, or has been the subject of
excessive relief or refund; or
(iii) any amount under a head of income has been misclassified.]
1[(5A) Subject to subsection (9), the Commissioner may 2[, after making, or causing to be made, such
enquiries as he deems necessary,] amend, or further amend, an assessment order, if he considers that the
assessment order is erroneous in so far it is prejudicial to the interest of revenue.]
3[(5AA) In respect of any subject matter which was not in dispute in an appeal the Commissioner shall
have and shall be deemed always to have had the powers to amend or further amend an assessment order
under subsection (5A).]
4[(5B) Any amended assessment order under subsection (5A) may be passed within the timelimit
specified in subsection (2) or subsection (4), as the case may be.]
(6) As soon as possible after making an amended assessment under 5[subsection (1), subsection (4) or
subsection (5A)], the Commissioner shall issue an amended assessment order to the taxpayer stating –
(a) the amended taxable income of the taxpayer;
(b) the amended amount of tax due;
(c) the amount of tax paid, if any; and
1 Ins by the Finance Act, 2003, s.12(53)(d).
2 Added by Finance Act, 2012, s.15(23)(b).
3 Ins by Finance Act, 2010, s.8(18)(c ).
4 Ins by the Finance Act, 2003, s.12(53)(d).
5 subs ibid, s.12(53)(e).
175
(d) the time, place, and manner of appealing the amended assessment.
(7) An amended assessment order shall be treated in all respects as an assessment order for the purposes
of this Ordinance, other than for the purposes of subsection (1).
(8) For the purposes of this section, “definite information” includes information on sales or purchases of
any goods made by the taxpayer, 1[receipts of the taxpayer from services rendered or any other receipts that
may be chargeable to tax under this Ordinance,] and on the acquisition, possession or disposal of any money,
asset, valuable article or investment made or expenditure incurred by the taxpayer.
2[(9) No assessment shall be amended, or further amended, under this section unless the taxpayer has
been provided with an opportunity of being heard.]
3[122A.Revision by the Commissioner.— (1) The Commissioner may 4[ 5[, suo motu,] ] call for the
record of any proceeding under this Ordinance or under the repealed Ordinance in which an order has been
passed by any 6[Officer of Inland Inland Revenue] other than the Commissioner (Appeals).
(2) Subject to subsection (3), where, after making such inquiry as is necessary, Commissioner considers
that the order requires revision, the Commissioner may 7[suo motu] make such revision to the order as the
Commissioner deems fit.
(3) An order under subsection (2) shall not be prejudicial to the person to whom the order relates.
(4) The Commissioner shall not revise any order under subsection (2) if—
1 Ins by the Finance Act, 2002, s.8(38)(d).
2 Added ibid, s.8(38)(e).
3 Added by the Finance Act, 2003, s.12(54).
4 Inserted by the Finance Act, 2004, s.6(20).
5 subs by the Finance Act, 2005, s.8(20).
6 subs by the Finance Act, 2010, s.8(19).
7 Words “suo motu” ins., by Finance Act, 2004, s.6(20).
176
(a) an appeal against the order lies to the Commissioner (Appeals) or to the Appellate Tribunal, the
time within which such appeal may be made has not expired; or
(b) the order is pending in appeal before the Commissioner (Appeals) or has been made the subject of
an appeal to the Appellate Tribunal.]
1[122B. Revision by the 2[Chief Commissioner].—(1) The 2[Chief Commissioner] may, either of his
own motion or on an application made by the taxpayer for revision, call for the record of any proceedings
relating to issuance of an exemption or lower rate certificate with regard to collection or deduction of tax at
source under this Ordinance, in which an order has been passed by any authority subordinate to him.
(2) Where, after making such inquiry as is necessary, 2[Chief Commissioner] considers that the order
requires revision, the 2[Chief Commissioner] may, after providing reasonable opportunity of being heard to the
taxpayer, make such order as he may deem fit in the circumstances of the case.]
3[122C. Provisional assessment.— (1) Where in response to a notice under subsection (3) or subsection
(4) of section 114 a person fails to furnish return of income for any tax year, the Commissioner may, based on
any available information or material and to the best of his judgment, make a provisional assessment of the
taxable income or income of the person and issue a provisional assessment order specifying the taxable
income or income assessed and the tax due thereon.
(2) Notwithstanding anything contained in this Ordinance, the provisional assessment order completed
under subsection (1) shall be treated as the final assessment order after the expiry of 4[fortyfive] days from
the date of service of order of provisional assessment and the provisions of this Ordinance shall apply
accordingly:
1 Added by the Finance Act, 2006, s.17(13).
2 Subs by the Finance Act,2014, s.7(21).
3 Ins by the Finance Act, 2010, s.8(20).
4 Subs by the Finance Act, 2013, s.7(18).
177
Provided that the provisions of subsection (2) shall not apply if return of income along with
wealth statement, wealth reconciliation statement and other documents required under subsection
(2A) of section 116 are filed by the person 1[being an individual or an association of persons] for the
relevant tax year during the said period of 1[fortyfive] days 2[:] ]
3[Provided further that the provisions of subsection (2) shall not apply to a company if return of
income tax alongwith audited accounts or final accounts, as the case may be, for the relevant tax
year are filed by the company electronically during the said period of 1[fortyfive] days.]
123. Provisional assessment in certain cases.— (1) Where a concealed asset of any person is
impounded by any department or agency of the Federal Government or a Provincial Government, the
Commissioner may, at any time before issuing any assessment order under section 121 or any amended
assessment order under section 122, issue to the person a provisional assessment order or provisional amended
assessment order, as the case may be, for the last completed tax year of the person taking into account the
concealed asset.
(2) The Commissioner shall finalize a provisional assessment order or a provisional amended assessment
order as soon as practicable 4[* * *].
(3) In this section, “concealed asset” means any property or asset which, in the opinion of the
Commissioner, was acquired from any income subject to tax under this Ordinance.
124. Assessment giving effect to an order. —(1) Except where subsection (2) applies, where, in
consequence of, or to give effect to, any finding or direction in any order made under Part III of this Chapter
by the Commissioner (Appeals), Appellate Tribunal, High Court, or Supreme Court an assessment order or
amended assessment order is to be issued to any person, the Commissioner shall issue the order within two
years from the end of the financial year in which the order of the Commissioner (Appeals), Appellate
Tribunal, High Court or Supreme Court, as the case may be, was served on the Commissioner.
1 Ins by the Finance Act, 2012, s.15(24)(a)(i).
2 Subs ibid, s.15(24)(a)(ii).
3 Added by the Finance Act, 2012, s.15(24)(b).
4 The words “after making it” omitted by the Finance Act, 2003, s.12(55).
178
(2) Where, by an order made under Part III of this Chapter by the 1[* *] Appellate Tribunal, High Court,
or Supreme Court, an assessment order is set aside 2[wholly or partly,] and the Commissioner 3[or
Commissioner (Appeals), as the case may be,] is directed to 4[pass] a new assessment order, the
Commissioner 5[or Commissioner (Appeals), as the case may be,] shall 1[pass] the new order within 6[one
year from the end of the financial year in which] the Commissioner 2[or Commissioner (Appeals), as the case
may be,] is served with the order 7[:]
4[Provided that limitation under this subsection shall not apply, if an appeal or reference has
been preferred, against the order 8[* * *], passed by 9[* * *] Appellate Tribunal or a High Court.]
(3) Where an assessment order has been set aside or modified, the proceedings may commence from the
stage next preceding the stage at which such setting aside or modification took place and nothing contained in
this Ordinance shall render necessary the reissue of any notice which had already been issued or the re
furnishing or refiling of any return, statement, or other particulars which had already been furnished or filed.
(4) Where direct relief is provided in an order under section 129 or 132, the Commissioner shall issue
appeal effect orders within two months of the date the Commissioner is served with the order.
(5) Where, by any order referred to in subsection (1), any income is excluded —
(a) from the computation of the taxable income of a taxpayer for any year and held to be included in
the computation of the taxable income of the taxpayer for another year; or
1 The words “Commissioner (Appeals)” omitted by the Finance Act, 2010, s.8(21)(a).
2 Ins by the Finance Act, 2003, s.12(56).
3 Ins by the Finance Act, 2008, s.18(11).
4 Subs by the Finance Act, 2010, s.8(21)(b).
5 Ins by the Finance Act, 2008, s.18(11).
6 Subs by the Finance Act, 2002, s.8(39).
7 Full stop subs by a colon and thereafter a proviso added by the Finance Act, 2005, s.8(21).
8 The Words “setting aside the assessment” omitted by the Finance Act, 2010, s.8(21)(c )(i).
9 The words “a Commissioner (Appeals)” omitted ibid, s.8(21)(c )(ii).
179
(b) from the computation of the taxable income of one taxpayer and held to be included in the
computation of the taxable income of another taxpayer,
the assessment or amended assessment relating to that other tax year or other taxpayer, as the case may be,
shall be treated as an assessment or amended assessment to be made in consequence of, or to give effect to, a
finding or direction contained in such order.
(6) Nothing in this Part shall prevent the issuing of an assessment order or an amended assessment order to
give effect to an order made under Part III of this Chapter by the Commissioner (Appeals), Appellate
Tribunal, High Court, or Supreme Court.
1[(7) The provisions of this section shall in like manner apply to any order issued by any High Court or the
Supreme Court in exercise of original or appellate jurisdiction.]
2[124A. Powers of tax authorities to modify orders, etc.— (1) Where a question of law has been
decided by a High Court or the Appellate Tribunal in the case of a taxpayer, on or after first day of July 2002,
the Commissioner may, notwithstanding that he has preferred an appeal against the decision of the High Court
or made an application for reference against the order of the Appellate Tribunal, as the case may be, follow
the said decision in the case of the said taxpayer in so far as it applies to said question of law arising in any
assessment pending before the Commissioner until the decision of the High Court or of the Appellate Tribunal
is reversed or modified.
(2) In case the decision of High Court or the Appellate Tribunal, referred to in subsection (1), is reversed
or modified, the Commissioner may, notwithstanding the expiry of period of limitation prescribed for making
any assessment or order, within a period of one year from the date of receipt of decision, modify the
assessment or order in which the said decision was applied so that it conforms to the final decision.]
125. Assessment in relation to disputed property.— Where the ownership of any property the income
from which is chargeable to tax under this
1 Added by the Finance Act, 2003, s.12(56)(B).
2 Ins by the Finance Act, 2002, S.8(40).
180
Ordinance is in dispute in any Civil Court in Pakistan, an assessment order or amended assessment order
in respect of such income may be issued at any time within one year after the end of the financial year in
which the decision of the Court is made.
126. Evidence of assessment.— (1) The production of an assessment order or a certified copy of an
assessment order shall be conclusive evidence of the due making of the assessment and, except in proceedings
under Part III of this Chapter relating to the assessment, that the amount and all particulars of the assessment
are correct.
(2) Any 1[order] of assessment or other document purporting to be made, issued, or executed under this
Ordinance may not be –
(a) quashed or deemed to be void or voidable for want of form; or
(b) affected by reason of any mistake, defect, or omission therein,
if it is, in substance and effect, in conformity with this Ordinance and the person assessed, or intended to be
assessed or affected by the document, is designated in it according to common understanding.
1 Subs by the Finance Act, 2003, s.12(57).
181
PART III
APPEALS
127. Appeal to the Commissioner (Appeals).— 1[(1) Any person dissatisfied with any order passed by a
Commissioner or an 2[Officer of Inland Revenue] under section 121, 122, 143, 144, 3[162,] 170, 182, 4[* * *
] 5[189 or 205], or an order under subsection (1) of section 161 holding a person to be personally liable to pay
an amount of tax, or an order under clause (f) of subsection (3) of section 172 6[declaring] a person to be the
representative of a nonresident person 7[or an order giving effect to any finding or directions in any order
made under this Part by the Commissioner (Appeals), Appellate Tribunal, High Court or Supreme Court], or
an order under section 221 refusing to rectify the mistake, either in full or in part, as claimed by the taxpayer
or an order having the effect of enhancing the assessment or reducing a refund or otherwise increasing the
liability of the person 8[, except 9[an] assessment order under section 122C,] may prefer an appeal to the
Commissioner (Appeals) against the order.]
10[(2) No appeal under subsection (1), shall be made by a taxpayer against an order of assessment
unless the taxpayer has paid, —
(a) the amount of tax due under subsection (1) of section 137 and
11[(b) no appeal under subsection (1) shall be made by a taxpayer 12[against] an order of assessment
unless the taxpayer has paid the amount of tax due under subsection (1) of section 137.]
1 Subsection (1) substituted by the Finance Act, 2002, s.8(41)(a).
2 Subs by the Finance Act, 2014, s.7(22)(a).
3 Inserted by the Finance Act, 2004, s.6(21)(a).
4 Omitted by the Finance Act, 2010, s.8(22)(a).
5 Subs by the Finance Act, 2009, s.5(22(a)(i).
6 Subs by the Finance Act, 2003, s.12(58).
7 Ins by the Finance Act, 2009, s.5(22)(a)(ii).
8 Ins by the Finance Act,2011, s.6(14).
9 Subs by the Finance Act, 2012, s.15(25).
10 Subsection (2) substituted by the Finance Act, 2002, s.8(41)(b).
11 Clause (b) substituted by the Finance Act, 2004, s.6(21)(b).
12 Subs by the Finance Act,2014, s.7(22)(b).
182
(3) An appeal under subsection (1) shall —
(a) be in the prescribed form;
(b) be verified in the prescribed manner;
(c) state precisely the grounds upon which the appeal is made;
(d) be accompanied by the prescribed fee specified in subsection (4); and
(e) be lodged with the Commissioner (Appeals) within the time set out in subsection (5).
(4) The prescribed fee 1[shall be] —
(a) in the case of an appeal against an assessment, 2[one thousand rupees] 3[* * *]; or
(b) in any other case —
(i) where the appellant is a company, one thousand rupees; or
(ii) where the appellant is not a company, two hundred rupees.
4[(5) An appeal shall be preferred to the Commissioner (Appeals) within thirty days of the following—
(a) where the appeal relates to any assessment or penalty, the date of service of the notice of demand
relating to the said assessment or penalty, as the case may be; and
(b) in any other case, the date on which the order to be appealed against is served.]
1 Subs by the Finance Act, 2002, s.8(41)(c ).
2 Subs by the Finance Act, 2009, s.5(22)(b).
3 The words “ten per cent of the tax assessed” omitted by the Finance Act, 2010, s.8(22)(b).
4 Subsection (5) subs by the Finance Act, 2002, s.8(41)(d).
183
(6) The Commissioner (Appeals) may, upon application in writing by the appellant, admit an appeal after
the expiration of the period specified in subsection (5) if the Commissioner (Appeals) is satisfied that the
appellant was prevented by sufficient cause from lodging the appeal within that period.
128. Procedure in appeal.— (1) The Commissioner (Appeals) shall give notice of the day fixed for the
hearing of the appeal to the appellant and to the Commissioner against whose order the appeal has been made.
1[(1A) Where in a particular case, the Commissioner (Appeals) is of the opinion that the recovery of tax
levied under this Ordinance, shall cause undue hardship to the taxpayer, he, after affording opportunity of
being heard to the Commissioner against whose order appeal has been made, may stay the recovery of such
tax for a period not exceeding thirty days in aggregate.]
2[(1AA) The commissioner (Appeals) may, after affording an opportunity of being heard to the
Commissioner against order appeal has been made, may stay the recovery of such tax for a further period of
thirty days, provided that the order on appeal shall be passed within the said period of thirty days.”]
(2) The Commissioner (Appeals) may adjourn the hearing of the appeal from time to time.
(3) The Commissioner (Appeals) may, before the hearing of an appeal, allow an appellant to file any new
ground of appeal not specified in the grounds of appeal already filed by the appellant where the Commissioner
(Appeals) is satisfied that the omission of the ground from the form of the appeal was not wilful or
unreasonable.
(4) The Commissioner (Appeals) may, before disposing of an appeal, call for such particulars as the
Commissioner (Appeals) may require respecting the matters arising in the appeal or cause further enquiry to
be made by the Commissioner.
(5) The Commissioner (Appeals) shall not admit any documentary material or evidence which was not
produced before the Commissioner unless the Commissioner (Appeals) is satisfied that the appellant was
prevented by
1 Ins by the Finance Act, 2012, s.15(26).
2 Ins by the Finance Act, 2015, s.9(27)(w.e.f. 01.07.2015).
184
sufficient cause from producing such material or evidence before the Commissioner.
129. Decision in appeal.— (1) In disposing of an appeal lodged under section 127, the Commissioner
(Appeals) may –
1[(a) make an order to confirm, modify or annul the assessment order after examining such evidence
as required by him respecting the matters arising in appeal or causing such further enquires to be
made as he deems fit; or]
(b) in any other case, make such order as the Commissioner (Appeals) thinks fit.
(2) The Commissioner (Appeals) shall not increase the amount of any assessment order or decrease the
amount of any refund unless the appellant has been given a reasonable opportunity of showing cause against
such increase or decrease, as the case may be.
(3) Where, as the result of an appeal, any change is made in the assessment of an association of persons or
a new assessment of an association of persons is ordered to be made, the Commissioner (Appeals) may
authorise the Commissioner to amend accordingly any assessment order made on a member of the association
and the time limit in subsection (2) of section 122 shall not apply to the making such amended assessment.
(4) As soon as practicable after deciding an appeal, the Commissioner (Appeals) shall serve 2[* *] his
order on the appellant and the Commissioner 3[:]
3[Provided that such order shall be passed not later than one hundred and twenty days from the date of
filing of appeal or within an extended period of sixty days, for reasons to be recorded in writing by the
Commissioner (Appeals):
Provided further that any period during which the hearing of an appeal is adjourned at the request of the
appellant or is postponed due to any appeal or proceedings or
1 Clause (a) substituted by the Finance Act, 2005, s.8(22).
2 The words “notice of” omitted by the Finance Act, 2002, s.8(42).
3 Full stop substituted and thereafter a proviso inserted by the Finance Act, 2009, s.5(23).
185
stay order, remanmd or alternative dispute resolution proceedings or for any other reason, shall be
excluded in the computation of the aforementioned periods.]
1(5)* * * * * * *
1(6)* * * * * * *
1(7)* * * * * * *
130. Appointment of the Appellate Tribunal.— (1) There shall be established an Appellate Tribunal to
exercise the functions conferred on the Tribunal by this Ordinance.
(2) The Appellate Tribunal shall consist of a chairperson and such other judicial and accountant members
as are appointed by the Federal Government having regard to the needs of the Tribunal.
(3) A person may be appointed as a judicial member of the Appellate Tribunal if the person –
(a) has exercised the powers of a District Judge and is qualified to be a Judge of the High Court; 2[ *
]
(b) is or has been an advocate of a High Court and is qualified to be a Judge of the High Court 3[; or]
4[(c) is an officer of Inland Revenue Service in BS20 or above and is a law graduate.]
5[(4) A person may be appointed as an accountant member of an appellate tribunal if,—
(a) he is an officer of Inland Revenue 6[Service] equivalent to the rank of Regional Commissioner;7[*
]
1 Subsections (5), (6) and (7) omitted by the Finance Act, 2012, s.15(27).
2 The word “or” omitted by the Finance Act, 2013,s.7(19)(d)(i).
3 Subs ibid, ,s.7(19)(d)(ii).
4 Added ibid,s.7(19)(d)(iii).
5 Subs by the Finance Act, 2010, s.8(23).
6 Ins by the Finance Act, 2012, s.8(28)(a)(i).
7 The word “or” omitted by the Finance Act, 2013, s.7(19)(d)(i).
186
(b) a Commissioner Inland Revenue or Commissioner Inland Revenue (Appeals) having at least
1[three] years experience as Commissioner or Collector 2[;3[ *] ]
4[(c) a person who has, for a period of not less than ten years, practiced professionally as a chartered
accountant within the meaning of the Chartered Accountants Ordinance, 1961 (X of 1961) 5[;or]
7[(d) a person who has, for a period of not less than ten years, practiced professionally as a cost and
management accountant within the meaning of Cost and Management Accountants Act,1966
(XIV of 1966).]
(5) The Federal Government shall appoint a member of the Appellate Tribunal as Chairperson of the
Tribunal 6[and, except in special circumstances, the person appointed should be a judicial member] 7[* * *].
(6)The powers and functions of the Appellate Tribunal shall be exercised and discharged by Benches
constituted from members of the Tribunal by the Chairperson of the Tribunal.
(7) Subject to subsection (8), a Bench shall consist of not less than two members of the Appellate
Tribunal and shall be constituted so as to contain an equal number of judicial and accountant members, or so
that the number of members of one class does not exceed the number of members of the other class by more
than one.
(8) The Federal Government may direct that all or any of the powers of the Appellate Tribunal shall be
exercised by —
(a) any one member; or
1 Subs by the Finance Act, 20112, s.5(28)(a)(ii).
2 Subs by he Finance Act, 2013, s.7(19)(d)(ii).
3 The word “or” omitted by the Finance Act, 2014, s.7(23)(i).
4 Added by the Finance Act, 2013, s.7(19)(d)(iii).
5 Full stop is substituted by semi colon and the word “or” inserted and thereafter clause (d) added by the Finance Act, 2014, s.7(23)(ii).
6 Ins by the Finance Act, 2013, s.7(19)(e).
7 Omitted by the Finance Act, 2012, s.5(28)(b).
187
(b) more members than one, jointly or severally.
1[(8A) Notwithstanding anything contained in subsections (7) and (8), the 2[Chairperson]
may
constitute as many benches consisting of a single member as he may deem necessary to hear such cases or
class of cases as the Federal Government may by order in writing, specify.
(8AA) The 2[Chairperson] or other member of the Appellate Tribunal authorized, in this behalf by the
2[Chairperson] may, sitting singly, dispose of any case where the amount of tax or penalty involved does not
exceed 3[one] million rupees.]
(9) Subject to subsection (10), if the members of a Bench differ in opinion on any point, the point
shall be decided according to the opinion of the majority.
(10) If the members of a 4[Bench] are equally divided on a point, they shall state the point on which
they differ and the case shall be referred by the Chairperson for hearing on that point by one or more other
members of the Appellate Tribunal, and the point shall be decided according to the opinion of the majority of
the members of the Tribunal who have heard the case including those who first heard it.
(11) If there are an equal number of members of the Appellate Tribunal, the Federal Government may
appoint an additional member for the purpose of deciding the case on which there is a difference of opinion.
(12) Subject to this Ordinance, the Appellate Tribunal shall have the power to regulate its own
procedure, and the procedure of Benches of the Tribunal in all matters arising out of the discharge of its
functions including the places at which the Benches shall hold their sittings.
131. Appeal to the Appellate Tribunal.— (1) Where the 5[taxpayer] or Commissioner objects to an
order passed by the Commissioner (Appeals), the 1[taxpayer] or Commissioner may appeal to the Appellate
Tribunal against such order.
1 Ins by the Finance Act,2009, s.5(24).
2 Subs by the Finance Act, 2011, s.6(15)(a) and (b)(i).
3 Subs by the Finance Act, 2011,s.6(15)(b)(ii).
4 Subs by the Finance Act, 2002, s.8(42)(b).
5 Subs by the Finance Act, 2002, s.8(44)(a).
188
(2) An appeal under subsection (1) shall be –—
(a) in the prescribed form;
(b) verified in the prescribed manner;
(c) accompanied 1[, except in case of an appeal preferred by the Commissioner,] by the prescribed fee
specified in subsection (3); and
2[(d) preferred to the Appellate Tribunal within sixty days of the date of service of order of the
Commissioner (Appeals) on the taxpayer or the Commissioner, as the case may be.]
3[(3) The prescribed fee shall be two thousand rupees.]
(4) The Appellate Tribunal may, upon application in writing, admit an appeal after the expiration of the
period specified in clause (d) of subsection (2) if it is satisfied that the person appealing was prevented by
sufficient cause from filing the appeal within that period.
4[(5) Notwithstanding that an appeal has been filed under this section, tax shall, unless recovery thereof
has been stayed by the Appellate Tribunal, be payable in accordance with the assessment made in the case:
5[Provided that if on filing of application in a particular case, the Appellate Tribunal is of the opinion that
the recovery of tax levied under this Ordinance and upheld by the Commissioner (Appeals), shall cause undue
hardship to the taxpayer, the Tribunal, after affording opportunity of being heard to the Commissioner, may
stay the recovery of such tax for a period not exceeding one hundred and eighty days in aggregate:
1 Subs ibid, s.8(44)(b)(i).
2 Subs ibid, s.8(44)(b)(ii).
3 Subsection (3) substituted by the Finance Act, 2009, s.5(25)(a).
4 Added by the Finance Act, 2003, s.12(59).
5 Proviso subs by the Finance Act, 2012, s.15(29).
189
Provided further that in computing the aforesaid period of one hundred and eighty days, the
period, if any, for which the recovery of tax was stayed by a High Court, shall be excluded.]]
132. Disposal of appeals by the Appellate Tribunal.— (1) The Appellate Tribunal may, before
disposing of an appeal, call for such particulars as it may require in respect of the matters arising on the appeal
or cause further enquiry to be made by the Commissioner.
1[(2) The Appellate Tribunal shall afford an opportunity of being heard to the parties to the appeal and,
in case of default by any of the party on the date of hearing, the Tribunal 2[* * *] may proceed ex parte to
decide the appeal on the basis of the available record.]
3[(2A) The Appellate Tribunal shall decide the appeal within six months of its filing;]
(3) Where the appeal relates to an assessment order, the Appellate Tribunal may, 4[without prejudice to
the powers specified in subsection (2),] make an order to —
(a) affirm, modify or annul the assessment order; or
5(b)* * * * * * *
6[(c) remand the case to the Commissioner or the Commissioner (Appeals) for making such enquiry
or taking such action as the Tribunal may direct.]
(4) The Appellate Tribunal shall not increase the amount of any assessment 7[or penalty] or decrease the
amount of any refund unless the taxpayer has been given a reasonable opportunity of showing cause against
such increase or decrease, as the case may be.
1 Subsection (2) substituted by the Finance Act, 2002, s.8(45)(a).
2 Subs by the finance Act, 2011, s.6(16).
3 Ins by the Finance Act, 2005, s.8(22a).
4 Ins by the Finance Act, 2002, s.8(45)(b)(i).
5 Clause (b) omitted by the Finance Act, 2007, s.20(20A).
6 Added by the Finance Act, 2002, s.8(45)(b)(iii).
7 Ins by the Finance Act, 2003,s. 12(60).
190
(5) Where, as the result of an appeal, any change is made in the assessment of an association of persons or
a new assessment of an association of persons is ordered to be made, the Appellate Tribunal may authorise the
Commissioner to amend accordingly any assessment order made on a member of the association and the time
limit in subsection (2) of section 122 shall not apply to the making of such amended assessment.
(6) Where the appeal relates to a decision other than in respect of an assessment, the Appellate Tribunal
may make an order to affirm, vary or annul the decision, and issue such consequential directions as the case
may require.
1[(7) The Appellate Tribunal shall communicate its order to the taxpayer and the Commissioner.]
2(8)* * * * * * *
3(9)* * * * * * *
(10) Save as provided in section 133, the decision of the Appellate Tribunal on an appeal shall be final.
3[133. Reference to High Court.— (1) Within ninety days of the communication of the order of the
Appellate Tribunal under subsection (7) of section 132, the aggrieved person or the Commissioner may prefer
an application, in the prescribed form along with a statement of the case, to the High Court, stating any
question of law arising out of such order.
(2) The statement to the High Court referred to in subsection (1), shall set out the facts, the determination
of the Appellate Tribunal and the question of law which arises out of its order.
(3) Where, on an application made under subsection (1), the High Court is satisfied that a question of law
arises out of the order referred to in subsection (1), it may proceed to hear the case.
1 Subsection (7) substituted by the Finance Act, 2002, s.8(45)(c ).
2 Subsections (8) and (9) omitted ibid, s.8(45)(d).
3 Section 133 substituted by the Finance Act, 2005, s.8(23).
191
(4) A reference to the High Court under this section shall be heard by a Bench of not less than two judges
of the High Court and, in respect of the reference, the provisions of section 98 of the Code of Civil Procedure,
1908 (Act V of 1908), shall apply, so far as may be, notwithstanding anything contained in any other law for
the time being in force.
(5) The High Court upon hearing a reference under this section shall decide the question of law raised by
the reference and pass judgment thereon specifying the grounds on which such judgment is based and the
Tribunal’s order shall stand modified accordingly. The Court shall send a copy of the judgment under the seal
of the Court to the Appellate Tribunal.
(6) Notwithstanding that a reference has been made to the High Court, the tax shall be payable in
accordance with the order of the Appellate Tribunal:
Provided that, if the amount of tax is reduced as a result of the judgment in the reference by
the High Court and the amount of tax found refundable, the High Court may, on application by
the Commissioner within thirty days of the receipt of the judgment of the High Court that he
wants to prefer petition for leave to appeal to the Supreme Court, make an order authorizing the
Commissioner to postpone the refund until the disposal of the appeal by the Supreme Court.
(7) Where recovery of tax has been stayed by the High Court by an order, such order shall cease to have
effect on the expiration of a period of six months following the day on which it was made unless the appeal is
decided or such order is withdrawn by the High Court earlier.
(8) Section 5 of the Limitation Act, 1908 (IX of 1908), shall apply to an application made to the High
Court under subsection (1).
(9) An application under subsection (1) by a person other than the Commissioner shall be accompanied
by a fee of one hundred rupees.]
1(134.)* * * * * * *
1 Section 134 omitted by the Finance Act, 2005, s.8(24).
192
1[134A. 2[Alternative] Dispute Resolution.— 3[(1) Notwithstanding any other provision of this
Ordinance, or the rules made thereunder an aggrieved person, in connection with any matter pending before
an Appellate Authority, may apply to Board for the appointment of a committee for the resolution of any
hardship or dispute mentioned in detail in the application 4[except where prosecution proceedings have been
initiated or where interpretation of question of law having effect on identical other cases].]
(2) The 5[Board] after examination of the application of an aggrieved person, shall 7 6[within sixty days of
receipt of such application in the Board] appoint a committee consisting of an officer of 7[Inland Revenue]
and two persons from a 8[panel comprising] of Chartered or Cost Accountants, Advocates, Income Tax
Practitioners or reputable taxpayers for the resolution of the hardship or dispute.
9[(3) The Committee constituted under subsection (2) shall examine the issue and may if it deem fit
necessary conduct inquiry seek expert opinion, direct any officer of the 10[Inland Revenue] or any other
person to conduct an audit and shall make recommendations within ninety days of its constitution in respect of
the resolution of the dispute. If the committee fails to make recommendations within the said period the Board
shall dissolve the committee and constitute a new committee which shall decide the matter within a further
period of ninety days. If after the expiry of that period the dispute is not resolved the matter shall be taken up
by the appropriate forum for decision.]
(4) The 11[Board] may, on the recommendation of the committee, pass such order, as it may deem
appropriate 12[within forty five days of the receipt of recommendations of the Committee].
1 Added by the Finance Act, 2004, s.6(22).
2 Subs by the Finance Act, 2006, s.17(14(a).
3 Subsection (1) subs ibid, s.17(14)(a).
4 Ins by the Finance Act, 2009, s.6(26)(a).
5 Subs by the Finance Act., 2007, s.20(1)(d)(IB).
6 Ins by the Finance Act, 2009, s.5(26)(b).
7 Subs by the Finance Act, 2010, s.8(24)(a).
8 Subs by the Finance Act, 2005, s.8(25)(a).
9 Subsection (3) subs by the Finance Act, 2009, s.5(26)(c ).
10 Subs by the Finance Act, 2010, s.8(24)(b).
11 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
12 Ins by the Finance Act, 2009, s.5(26)(d).
193
1[(4A) Notwithstanding anything contained in subsection (4), the Chairman Federal Board of Revenue
may, on the application of an aggrieved person, for reasons to be recorded in writing, and on being satisfied
that there is an error in order or decision, pass such order as may be deemed just and equitable.]
(5) The aggrieved person may make the payment of income tax and other taxes as determined by the
3[Board] in its order under subsection (4) and all decisions, orders and judgments made or passed shall stand
modified to that extent and all proceedings under this Ordinance or the rules made thereunder by any
authority shall abate:
Provided that 2[* * *] an 3[order passed by] the Board in the light of recommendations of the
committee shall be submitted before that authority, tribunal or the court 4[where the matter is
subjudice] for consideration and orders as deemed appropriate 5[:]
6[Provided further that if the taxpayer is not satisfied with the said order, he may continue to
pursue his remedy before the relevant authority, tribunal or court as if no such order had been
made by the Board.]
7(6) * * * * * * *
(7) The Board may, by notification in the official Gazette, make rules for carrying out the purposes of this
section.]
8(135.)* * * * * * *
136. Burden of proof.— In any appeal 9[by a taxpayer] under this Part, the burden shall be on the
taxpayer to prove, on the balance of probabilities —
(a) in the case of an assessment order, the extent to which the order does not correctly reflect the
taxpayer’s tax liability for the tax year; or
(b) in the case of any other decision, that the decision is erroneous.
1 Ins by the Finance Act, 2008, s.18(13).
2 Omitted by the Finance Act, 2006, s.17(14)(c )(i).
3 Subs by the Finance Act, 2005, s.8(25)(b)(i).
4 Ins by the Finance Act, 2006, s.17(14)(c )(ii).
5 Subs by the Finance Act, 2005, s.8(25)(b)(ii).
6 Added by the Finance Act, 2005, s.8(25)(b)(ii).
7 Subsection (6) omitted by the Finance Act, 2005, s.8(25)(c ).
8 Section 135 omitted by the Finance Act, 2002, s.8(47).
9 Ins by the Finance Act, 2003, s.12(63).
194
PART IV
COLLECTION AND RECOVERY OF TAX
137. Due date for payment of tax.— (1) The tax payable by a taxpayer on the taxable income of the
taxpayer 1[including the tax payable under 2[***]] 3[section 4[113 or] 113A] for a tax year shall be due on
the due date for furnishing the taxpayer‘s return of income for that year.
5[(2) Where any tax is payable under an assessment order or an amended assessment order or any other
order issued by the Commissioner under this Ordinance, a notice shall be served upon the taxpayer in the
prescribed form specifying the amount payable and thereupon the sum so specified shall be paid within
6[thirty] days from the date of service of the notice:]7[;]
8[Provided that the tax payable as a result of provisional assessment 9[order] under section
122C, as specified in the notice under subsection (2) shall be payable 10[immediately] after a
period of 11[forty five] days from the date of service of the notice 12[:]]
13[Provided further that the taxpayer may pay the tax payable prior to expiry of the period of
11[forty five] days specified in the first proviso.]
(3) Nothing in subsection (2) 14[or (4)] shall affect the operation of subsection (1).
1 Ins by the Finance Act, 2003, s.12(64).
2 The words “section 133 or” omitted by the Finance Act, 2008, s.18(14)(a).
3 Ins by the Finance Act, 2004, s.6(23).
4 Ins by the Finance Act, 2009, s.5(27).
5 Subs by the Finance Act, 2003, s.12(64)(b).
6 Subs by the Finance Act, 2015, s.9(28)(a)(w.e.f. 01.07.2015).
7 Subs and added by the Finance Act, 2012, s.15(30).
8 Added by Finance act, 2010, s.8(25)(a).
9 Ins by the Finance Act, 2011, s.6(17)(a).
10 Ins ibid, s.6(17)(b).
11 Subs by the Finance Act, 2015, s.9(28)(b)and (c ) )(w.e.f. 01.07.2015).
13 Added by Finance act, 2012, s.15(30).
14 Inserted by the Finance Act, 2003, s.12(64)(d)(ii).
195
(4) Upon written application by a taxpayer, the Commissioner may, where good cause is shown, grant the
taxpayer an extension of time for payment of tax due 1[under subsection (2)] or allow the taxpayer to pay
2[such tax] in installments of equal or varying amounts as the Commissioner may determine having regard to
the circumstances of the case.
(5) Where a taxpayer is permitted to pay tax by installments and the taxpayer defaults in payment of any
installments, the whole balance of the tax outstanding shall become immediately payable.
(6) The grant of an extension of time to pay tax due or the grant of permission to pay tax due by
installments shall not preclude the liability for 3[default surcharge] arising under section 205 from the due date
of the tax under subsection 4[(2)].
5(7)* * * * * * *
6[138. Recovery of tax out of property and through arrest of taxpayer.— (1) For the purpose of
recovering any tax due by a taxpayer, the Commissioner may serve upon the taxpayer a notice in the
prescribed form requiring him to pay the said amount within such time as may be specified in the notice.
(2) If the amount referred to in the notice issued under subsection (1) is not paid within the time specified
therein or within the further time, if any, allowed by the Commissioner, the Commissioner may proceed to
recover from the taxpayer the said amount by one or more of the following modes, namely:—
(a) attachment and sale of any movable or immovable property of the taxpayer;
(b) appointment of a receiver for the management of the movable or immovable property of the
taxpayer; and
1 Ins by the Finance Act, 2003, s.12(64)(d)(i).
2 Subs ibid, s.12(64)9d)(ii).
3 Subs by the Finance Act, 2010, s.8(25)(b).
4 Subs by the Finance Act, 2003, s.12(64)(l).
5 Subsection (7) omitted by the Finance Act, 2002, 8(48).
6 Section 138 subs ibid, s.(49).
196
(c) arrest of the taxpayer and his detention in prison for a period not exceeding six months.
(3) For the purposes of recovery of tax under subsection (2), the Commissioner shall have the same
powers as a Civil Court has under the Code of Civil Procedure, 1908 (Act V of 1908), for the purposes of the
recovery of any amount due under a decree.
(4) The 1[Board] may make rules regulating the procedure for the recovery of tax under this section and
any other matter connected with, or incidental to, the operation of this section.]
2[138A. Recovery of tax by District Officer (Revenue).— (1) The Commissioner may forward to the
District Officer (Revenue) of the district in which the taxpayer resides or carries on business or in which any
property belonging to the taxpayer is situated, a certificate specifying the amount of any tax due from the
taxpayer, and, on receipt of such certificate, the District Officer (Revenue) shall proceed to recover from the
taxpayer the amount so specified as, it were an arrear of land revenue.
(2) Without prejudice to any other power of the District Officer (Revenue) in this behalf, he shall have the
same powers as a Civil Court has under the Code of Civil Procedure, 1908 (Act V of 1908), for the purpose of
the recovery of the amount due under a decree.]
3[138B. Estate in bankruptcy.— (1) If a taxpayer is declared bankrupt, the tax liability under this
Ordinance shall pass on to the estate in bankruptcy.
(2) If tax liability is incurred by an estate in bankruptcy, the tax shall be deemed to be a current
expenditure in the operations of the estate in bankruptcy and shall be paid before the claims preferred by
other creditors are settled.]
139. Collection of tax in the case of private companies and associations of persons.— (1)
Notwithstanding anything in the Companies Ordinance, 1984 (XLVII of 1984), where any tax payable by a
private company (including a private company that has been wound up or gone into
1 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
2 Ins by the Finance Act, 2002, s.8(50).
3 Added by the Finance Act, 2010, s.8(26).
197
liquidation) in respect of any tax year cannot be recovered from the company, every person who was, at any
time in that tax year —
(a) a director of the company, other than an employed director; or
(b) a shareholder in the company owning not less than ten per cent of the paidup capital of the
company,
shall be jointly and severally liable for payment of the tax due by the company.
(2) Any director who pays tax under subsection (1) shall be entitled to recover the tax paid from the
company or a share of the tax from any other director.
(3) A shareholder who pays tax under subsection (1) shall be entitled to recover the tax paid from the
company or from any other shareholder to whom clause (b) of subsection (1) applies in proportion to the
shares owned by that other shareholder.
(4) Notwithstanding anything in any law, where any tax payable by a member of an association of persons
in respect of the member’s share of the income of the association in respect of any tax year cannot be
recovered from the member, the association shall be liable for the tax due by the member.
(5) The provisions of this Ordinance shall apply to any amount due under this section as if it were tax due
under an assessment order.
140. Recovery of tax from persons holding money on behalf of a taxpayer.— (1) For the purpose of
recovering any tax due by a taxpayer, the Commissioner may, by notice, in writing, require any person –
(a) owing or who may owe money to the taxpayer; or
(b) holding or who may hold money for, or on account of the taxpayer;
(c) holding or who may hold money on account of some other person for payment to the taxpayer; or
198
(d) having authority of some other person to pay money to the taxpayer, to pay to the Commissioner
so much of the money as set out in the notice by the date set out in the notice.
(2) Subject to subsection (3), the amount set out in a notice under subsection (1) —
(a) where the amount of the money is equal to or less than the amount of tax due by the taxpayer,
shall not exceed the amount of the money; or
(b) in any other case, shall be so much of the money as is sufficient to pay the amount of tax due by
the taxpayer.
(3) Where a person is liable to make a series of payments (such as salary) to a taxpayer, a notice under
subsection (1) may specify an amount to be paid out of each payment until the amount of tax due by the
taxpayer has been paid.
(4) The date for payment specified in a notice under subsection (1) shall not be a date before the money
becomes payable to the taxpayer or held on the taxpayer‘s behalf.
(5) The provisions of sections 160, 161, 162 and 163, so far as may be, shall apply to an amount due under
this section as if the amount were required to be deducted from a payment under Division III of Part V of this
Chapter.
(6) Any person who has paid any amount in compliance with a notice under subsection (1) shall be
treated as having paid such amount under the authority of the taxpayer and the receipt of the Commissioner
constitutes a good and sufficient discharge of the liability of such person to the taxpayer to the extent of the
amount referred to in such receipt.
1(7)* * * * * * *
1(8)* * * * * * *
1(9)* * * * * * *
1 Subsections (7), (8) and (9) omitted by the Finance Act, 2003, s.12(65).
199
(10) In this section, "person" includes any Court, Tribunal or any other authority.
141. Liquidators.— (1) Every person (hereinafter referred to as a “liquidator”) who is –
(a) a liquidator of a company;
(b) a receiver appointed by a Court or appointed out of Court;
(c) a trustee for a bankrupt; or
(d) mortgagee in possession,
shall, within fourteen days of being appointed or taking possession of an asset in Pakistan, whichever occurs
first, give written notice thereof to the Commissioner.
(2) The Commissioner shall, within three months of being notified under subsection (1), notify the
liquidator in writing of the amount which appears to the Commissioner to be sufficient to provide for any tax
which is or will become payable by the person whose assets are in the possession of the liquidator.
(3) A liquidator shall not, without leave of the Commissioner, part with any asset held as liquidator until
the liquidator has been notified under subsection (2).
(4) A liquidator —
(a) shall set aside, out of the proceeds of sale of any asset by the liquidator, the amount notified by the
Commissioner under subsection (2), or such lesser amount as is subsequently agreed to by the
Commissioner;
(b) shall be liable to the extent of the amount set aside for the tax of the person who owned the asset;
and
200
(c) may pay any debt that has priority over the tax referred to in this section notwithstanding any
provision of this section.
(5) A liquidator shall be personally liable to the extent of any amount required to be set aside under sub
section (4) for the tax referred to in subsection (2) if, and to the extent that, the liquidator fails to comply
with the requirements of this section.
(6) Where the proceeds of sale of any asset are less than the amount notified by the Commissioner under
subsection (2), the application of subsections (4) and (5) shall be limited to the proceeds of sale.
(7) This section shall have effect notwithstanding anything contained in any other law for the time being in
force.
(8) The provisions of this Ordinance shall apply to any amount due under this section as if it were tax due
under an assessment order.
142. Recovery of tax due by nonresident member of an association of persons.— (1) The tax due by
a nonresident member of an association of persons in respect of the member‘s share of the profits of the
association shall be 202 assessable in the name of the association or of any resident member of the
association and may be recovered out of the assets of the association or from the resident member personally.
(2) A person making a payment under this section shall be treated as acting under the authority of the non
resident member and is hereby indemnified in respect of the payment against all proceedings, civil or criminal,
and all processes, judicial or extrajudicial, notwithstanding any provisions to the contrary in any written law,
contract or agreement.
(3) The provisions of this Ordinance shall apply to any amount due under this section as if it were tax due
under an assessment order.
143. Nonresident ship owner or charterer.— (1) Before the departure of a ship owned or chartered
by a nonresident person from any port in Pakistan, the master of the ship shall furnish to the Commissioner a
return showing the gross amount specified in subsection (1) of section 7 in respect of the ship.
201
(2) Where the master of a ship has furnished a return under subsection (1), the Commissioner shall 1[,
after calling for such particulars, accounts or documents as he may require,] determine the amount of tax due
under section 7 in respect of the ship and, as soon as possible, notify the master, in writing, of the amount
payable.
(3) The master of a ship shall be liable for the tax notified under subsection (2) and the provisions of this
Ordinance shall apply to such tax as if it were tax due under an assessment order.
(4) Where the Commissioner is satisfied that the master of a ship or nonresident owner or charterer of the
ship is unable to furnish the return required under subsection (1) before the departure of the ship from a port
in Pakistan, the Commissioner may allow the return to be furnished within thirty days of departure of the ship
provided the nonresident owner or charterer has made satisfactory arrangements for the payment of the tax
due under section 7 in respect of the ship.
(5) The Collector of Customs or other authorised officer shall not grant a port clearance for a ship owned
or chartered by a nonresident person until the Collector or officer is satisfied that any tax due under section 7
in respect of the ship has been paid or that arrangements for its payment have been made to the satisfaction of
the Commissioner.
(6) This section shall not relieve the nonresident owner or charterer of the ship from liability to pay any
tax due under this section that is not paid by the master of the ship.
144. Nonresident aircraft owner or charterer. — (1) A nonresident owner or charterer of an aircraft
2[* *] liable for tax under section 7, or an agent authorised by the nonresident person for this purpose, shall
furnish to the Commissioner, within fortyfive days from the last day of each quarter of the financial year, a
return, in respect of the quarter, showing the gross amount specified in subsection (1) of section 7 of the non
resident person for the quarter.
1 Ins by the Finance Act, 2002, s.5(51) and (52).
2 The words “shall be” omitted by the Finance Act, 2003, s.12 (66)
202
7 by the nonresident person for the quarter and notify the nonresident person, in writing, of the amount
payable.
(3) The nonresident person shall be liable to pay the tax notified under subsection (2) within the time
specified in the notice and the provisions of this Ordinance shall apply to such tax as if it were tax due under
an assessment order.
(4) Where the tax referred to in subsection (3) is not paid within three months of service of the notice, the
Commissioner may issue to the authority by whom clearance may be granted to the aircraft operated by the
nonresident person a certificate specifying the name of the nonresident person and the amount of tax due.
(5) The authority to whom a certificate is issued under subsection (4) shall refuse clearance from any
airport in Pakistan to any aircraft owned or chartered by the nonresident until the tax due has been paid.
1[145. Assessment of persons about to leave Pakistan. — (1) Where any person is likely to leave
Pakistan during the currency of tax year or shortly after its expiry with no intention of returning to Pakistan,
he shall give to the Commissioner a notice to that effect not less than fifteen days before the probable date of
his departure (hereinafter in this section referred to as the said date‘).
(2) The notice under subsection (1) shall be accompanied by a return or returns of taxable income in
respect of the period commencing from the end of the latest tax year for which an assessment has been or,
where no such assessment has been made, a return has been made, as the case may be, and ending on the said
date, or where no such assessment or return has been made, the tax year or tax years comprising the period
ending on the said date; and the period commencing from the end of the latest tax year to the said date shall,
for the purposes of this section, be deemed to be a tax year (distinct and separate from any other tax year) in
which the said date falls.
(3) Notwithstanding anything contained in subsections (1) and (2), the Commissioner may serve a notice
on any person who, in his opinion, is likely to leave Pakistan during the current tax year or shortly after its
expiry and has no intention of returning to Pakistan, to furnish within such time as may be specified in such
notice, a return or returns of taxable income for the
1 Section 145 subs by the Finance Act, 2003, s.12(67).
203
tax year or tax years for which the taxpayer is required to furnish such return or returns under subsection (2).
(4) The taxable income shall be charged to tax at the rates applicable to the relevant tax year and all the
provisions of this Ordinance shall, so far as may be, apply accordingly.]
146. Recovery of tax from persons assessed in Azad Jammu and Kashmir.— (1) Where any person
assessed to tax for any tax year under the law relating to income tax in the Azad Jammu and Kashmir has
failed to pay the tax and the income tax authorities of the Azad Jammu and Kashmir cannot recover the tax
because —
(a) the person’s residence is in Pakistan; or
(b) the person has no movable or immovable property in the Azad Jammu and Kashmir, the Deputy
Commissioner in the Azad Jammu and Kashmir may forward a certificate of recovery to the
Commissioner and, on receipt of such certificate, the Commissioner shall recover the tax referred
to in the certificate in accordance with this Part.
(2) A certificate of recovery under subsection (1) shall be in the prescribed form specifying —
(a) the place of residence of the person in Pakistan;
(b) the description and location of movable or immovable property of the person in Pakistan; and
(c) the amount of tax payable by the person.
1[146A. Initiation, validity, etc., of recovery proceedings.— (1) Any proceedings for the recovery of
tax under this Part may be initiated at any time.
1 Ins by the Finance Act, 2002, s.8(53).
204
(2) The Commissioner may, at any time, amend the certificate issued under section 138A, or recall such
certificate and issue fresh certificate, as he thinks fit.
(3) It shall not be open to a taxpayer to question before the District Officer (Revenue) the validity or
correctness of any certificate issued under section 138A, or any such certificate as amended, or any fresh
certificate issued, under subsection (2).
(4) The several modes of recovery provided in this Part shall be deemed to be neither mutually exclusive
nor affect in any way any other law for the time being in force relating to the recovery of debts due to the
Government and the Commissioner may have recourse to any such mode of recovery notwithstanding that the
tax due is being recovered from a taxpayer by any other mode.]
1[146B. Tax arrears settlement incentives scheme.— (1) Subject to provisions of this Ordinance, the
Board may make scheme in respect of recovery of tax arrears or withholding taxes and waiver of 2[default
surcharge] or penalty levied thereon.
(2) The Board may make rules under section 237 for implementation of such scheme.]
1 Ins by the Finance Act, 2008, s.18(15).
2 Subs by the Finance Act, 2010, s.8(27).
205
PART V
ADVANCE TAX AND DEDUCTION OF TAX AT SOURCE
Division I
Advance Tax Paid by the Taxpayer
147. Advance tax paid by the taxpayer.— (1) Subject to subsection (2), every taxpayer 1[whose
income was charged to tax for the latest tax year under this Ordinance or latest assessment year under the
repealed Ordinance] other than –
2(a) * * * * * * *
(b) income chargeable to tax under sections 5, 6 and 7;
3(ba) * * * * * * *
(c) income subject to deduction of tax at source under section 149; 4[and]
5(ca) * * * * * * *
(d) income from which tax has been collected under Division II or deducted under Division III 6[or
deducted or collected under Chapter XII] and for which no tax credit is allowed as a result of sub
section (3) of section 168,
shall be liable to pay advance tax for the year in accordance with this section.
(2) This section does not apply to an individual where the individual’s 7[* * *] latest assessed taxable
income excluding income referred to in clauses (a), (b), 8[(ba),] (c) and (d) of subsection (1) is less than 9[
10[five] hundred thousand] rupees.
1 Subs by the Finance Act, 2003, s.12(68)(a).
2 Clause (a) omitted by the Finance Act, 2010, s.8(28)(a).
3 Clause (ba) omitted by the Finance Act, 2013, s.7(20)(a).
4 Subs by the Finance Act, 2009, s.5(28)(a)(i).
5 Clause (ca) omitted ibid, s.5(28)(a)(ii).
6 Ins ibid, s.5(28)(a)(iii).
7 The words “or associations of persons” omitted by the Finance Act, 2010, s.8(28)(b)(i).
8 Ins by the Finance Act, 2002, s.8(54)(b).
9 Subs by the Finance Act, 2003, s.12(68)(aa).
10 Subs by the Finance Act, 2010, s.8(28)(b)(ii).
206
1(3) * * * * * * *
2[(4) Where the taxpayer is 3[an association of persons or] a company, the amount of advance tax due
for a quarter shall be computed according to the following formula, namely:
(A x B/C) –D
Where –
A is the taxpayer‘s turnover for the quarter;
B is the tax assessed to the taxpayer for the latest tax year;
C is the taxpayer‘s turnover for the latest tax year; and
D is the tax paid in the quarter for which a tax credit is allowed under section 168 4[* * *] .]
5[(4A) Any taxpayer who is required to make payment of advance tax in accordance with subsection (4),
shall estimate the tax payable by him for the relevant tax year, at any time before the second installment is
due. In case the tax payable is likely to be more than the amount he is required to pay under subsection (4),
the taxpayer shall furnish to the Commissioner on or before the due date of the second quarter an estimate of
the amount of tax payable by the taxpayer and thereafter pay fifty per cent of such amount by the due date of
the second quarter of the tax year after making adjustment for the amount,if any, already paid in terms of sub
section (4).The remaining fifty per cent of the estimate shall be paid after the second quarter in two equal
installments payable by the due date of the third and forth quarter of the tax year.”]
1 Subsection (3) omitted by the Finance Act, 2004, s.6(24)(b).
2 Subsection (4) omitted by the Finance Act, 2009, s.5(28)(b).
3 Ins by the Finance Act, 2010, s.8(28)(c ).
4 The words “other than tax deducted under section 155” omitted by the Finance Act, 2013, s.7(20)(b).
5 Subs by the Finance Act, 2015, s.9(29)(w.e.f.01.07.2015).
207
1[(4AA) Tax liability under section 113 shall also be taken into account while working out payment
of advance tax liability under this section.]
2[(3[4B]) Where the taxpayer is an individual 4[* * *] having latest assessed income of 5[five] hundred
thousand rupees or more as determined under subsection (2), the amount of advance tax due for a quarter
shall be computed according to the following formula, namely:
―(A/4) B
Where –
A is the tax assessed to the taxpayer for the latest tax year or latest assessment year under the
repealed Ordinance; and
B is the tax paid in the quarter for which a tax credit is allowed under section 168, other than tax
deducted under section 149 6[* *]. ]
(5) Advance tax is payable by 7[an individual 8[* * *]] to the Commissioner—
(a) in respect of the September quarter, on or 9[before] the 10[15th day of September];
(b) in respect of the December quarter, on or before the 10[15th day of December];
(c) in respect of the March quarter, on or before the 11[15th day of March]; and
1 Ins by the Finance Act, 2009, s.5(28)(c ).
2 Ins by the Finance Act, 2003, s.12(68)(b)(iv).
3 Subsection (4A) renumbered by the Finance Act, 2006, s.17(15)(b).
4 The words “or an association of persons” omitted by the Finance Act, 2010, s.8(28)(d)(i).
5 Subs by the Finance Act, 2010, s.8(28)(d)(ii).
6 Subs by the Finance Act, 2013, s.7(20)(c).
7 Subs by the Finance Act, 2009, s.5(28)(d).
8 The words “or an association of persons” omitted by the finance Act,2010, s.8(28)(e).
9 Subs by the Finance Act, 2005, s.8(26)(c ).
10 Subs by the Finance Act, 2004, s.6(24)(d)(i) and (ii).
11 Subs by the Finance Act, 2004,s.6(24)(d)(iii)and (iv).
208
(d) in respect of the June quarter, on or before the 1[15th day of June].
1[(5A) Advance tax shall be payable by an association of persons or a company to the Commissioner —
(a) in respect of the September quarter, on or before the 25th day of September;
(b) in respect of the December quarter, on or before the 25th day of December;
(c) in respect of the March quarter, on or before the 25th day of March; and
(d) in respect of the June quarter, on or before the 15th day of June.]
2[(5B) Adjustable advance tax on capital gain from sale of securities shall shall be chargeable as under,
namely:—
TABLE
_____________________________________________________________
S.No. Period Rate of Advance Tax
1 2 3
1. Where holding period of a 2% of the capital gains derived security is less than six
months. derived during the quarter.
2. Where holding period of a 1.5% of the capital gains derived [[[[
security is more than six months during the quarter.
but less than twelve months.
Provided that such advance tax shall be payable to the Commissioner within a period of
3[twentyone] days after the close of each quarter:
1 Subsection (5A) subs by the Finance Act, 2010, s.8(28)(f).
2 Ins by the Finance Act, 2010, s.8(28)(g).
3 Subs by the Finance Act, 2011, s.6(18).
209
Provided further that the provisions of this subsection shall not be applicable to individual
investors.]
1[(6) If any taxpayer who is required to make payment of advance tax under subsection (1) estimates
at any time before the last installment is due, that the tax payable by him for the relevant tax year is likely to
be less than the amount he is required to pay under subsection (1), the taxpayer may furnish to the
Commissioner an estimate of the amount of the tax payable by him, and thereafter pay such estimated
amount, as reduced by the amount, if any, already paid under subsection (1), in equal installments on such
dates as have not expired.]
2[(6A) Notwithstanding anything contained in this section, where the taxpayer is a company or an
association of persons, advance tax shall be payable by it in the absence of last assessed income or declared
turnover also. The taxpayer shall estimate the amount of advance tax payable on the basis of quarterly
turnover of the company or an association of persons, as the case may be, and thereafter pay such amount
after, —
(a) taking into account tax payable under section 113 as provided in subsection (4AA); and
(b) making adjustment for the amount (if any) already paid.]
(7) The provisions of this Ordinance shall apply to any advance tax due under this section as if the amount
due were tax due under an assessment order.
(8) A taxpayer who has paid advance tax under this section for a tax year shall be allowed a tax credit for
that tax in computing the tax due by the taxpayer on the taxable income of the taxpayer for that year.
(9) A tax credit allowed for advance tax paid under this section shall be applied in accordance with sub
section (3) of section 4.
(10) A tax credit or part of a tax credit allowed under this section for a tax year that is not able to be
credited under subsection (3) of section 4 for the year shall be refunded to the taxpayer in accordance with
section 170.
3(11)* * * * * * *
1 Subsection (6) subs by the Finance Act, 2004, s.6(24)(e).
2 Subsection (6A) subs by the Finance Act, 2009, s.5(28)(f).
3 Subsection (11) omitted by the Finance Act, 2004, s.6(24)(f).
210
Division II
Advance Tax Paid to a Collection Agent
148. Imports.— (1) The Collector of Customs shall collect advance tax from every importer of goods
on the value of the goods at the rate specified in Part II of the First Schedule.
1(2)* * * * * * *
2[“(2A) Notwithstanding omission of subsection (2), any notification issued under the said subsection
and for the time being in force, shall continue to remain in force, unless rescinded by the Board through
notification in the official Gazette.”]
3(3)* * * * * * *
3(4)* * * * * * *
(5) Advance tax shall be collected in the same manner and at the same time as the customsduty
payable in respect of the import or, if the goods are exempt from customsduty, at the time customsduty
would be payable if the goods were dutiable.
(6) The provisions of the Customs Act, 1969 (IV of 1969), in so far as relevant, shall apply to the
collection of tax under this section.
4[(7) The tax 5[required to be] collected under this section shall be a final tax 6[except as provided
under subsection (8)] on the income of the importer arising from the imports subject to subsection (1) and
this subsection shall not apply in the case of import of—
(a) raw material, plant, machinery, equipment and parts by an industrial undertaking for its own use;
(b) fertilizer by manufacturer of fertilizer; and
1 Subsection (2) omitted by the Finance Act, 2015, s.9(30)(w.e.f .01.07.2015)
2 Ins ibid, s.9(30).
3 Subsections (3) and (4) omitted by the Finance Act, 2007, s.20(22)(b).
4 Subsection (7) substituted by the Finance Act, 2006, 17(16)(b).
5 Ins by the Finance Act, 2012, s.15(31)(a).
6 Ins by the Finance Act, 2010, s.(29).
211
(c) 1[motor vehicles] in CBU condition by manufacturer of 1[motor vehicles]. ]
2[(d) large import houses, who,—
(i) have paidup capital of exceeding Rs.3[250] million;
(ii) have imports exceeding Rs.500 million during the tax year;
(iii) own total assets exceeding Rs.4[350] million at the close of the tax year;
(iv) is single object company;
(v) maintain computerized records of imports and sale of goods;
(vi) maintain a system for issuance of 100% cash receipts on sales;
(vii) present accounts for tax audit every year;
(viii) is registered [under the Sales Tax Act, 1990] and
(ix) make sales of industrial raw material of manufacturer registered 5[ Under the Sales Tax
Act,1990] 6[; and] ]
7[(e) a foreign produced film imported for the purposes of screening and viewing.]
1 Subs by the Finance Act, 2007, s.20(22)(d)(i).
2 Ins ibid, s.20(22)(d)(ii).
3 Subs by the Finance Act,2009, s.5(29)(a)(i).
4 Subs ibid, s.5(29)(a)(ii).
5 Subs by the Finance Act,2014, s.7(24)(a)(i)( and (ii).
6 Subs by the Finance Act, 2013, s.7(21)(a).
7 Subs ibid, s.7(21)(b).
212
1[(8) The tax 2[required to be] collected from a person under this section on the import of edible oil 3[and
packing material] for a tax year shall be 4[minimum] tax.]
5[(8A) The tax collected under this section at the time of import of ships by shipbreakers shall be final
tax.]
(9) In this section –
“Collector of Customs” means the person appointed as Collector of Customs under section 3 of
the Customs Act, 1969 (IV of 1969), and includes a Deputy Collector of Customs, an Additional
Collector of Customs, or an officer of customs appointed as such under the aforesaid section; 6[*]
7[“value of goods” means the value of the goods as determined under the Customs Act, 1969 (IV
of 1969), as if the goods were subject to ad valorem duty increased by the customsduty, federal
excise duty and sales tax, if any, payable in respect of the import of the goods.]
8[Explanation. For the purpose of this section the expression “edible “edible oils” includes
crude oil, imported as raw material for manufacture of ghee or cooking oil.]
9[148A.
Tax on local purchase of cooking oil or vegetable ghee by certain persons. (1)The
manufacturers of cooking oil or vegetable ghee, or both, shall be chargeable to tax at the rate of two per cent
on purchase of locally produced editable oil.
1 Subsection (8) subs by the Finance Act, 2004, s.6(25)(b).
Ins by the Finance Act, 2012, s.15(31)(b).
3 Ins by the Finance Act, 2009, s.5(29)(b)(i).
4 Ins ibid, s.5(29)(b)(ii).
5 Ins by the Finance Act,2014, s.7(24)(b).
6 Omitted by the Finance Act, 2004, s.6(25)(c )(i).
7 Subs by the Finance Act,2007, s.20(23)(a).
8 Ins by the Finance Act,2006, s.17(16)(c ).
9 Ins by the Finance Act, 2015, s.9(31)(w.e.f. 01.07.2015).
bidilanguage:ARSA'>[6] Ins by the Finance Act, 2010, s.(29).
213
(2) The tax payable under subsection (1) shall be final tax in respect of income accruing from locally
produced edible oil.”]
Division III
Deduction of Tax at Source
149. Salary. — (1) Every 1[person responsible for] paying salary to an employee shall, at the time of
payment, deduct tax from the amount paid at the employee’s average rate of tax computed at the rates
specified in Division I of Part I of the First Schedule on the estimated income of the employee chargeable
under the head “Salary” for the tax year in which the payment is made after making 2[adjustment of tax
withheld from employee under other heads and tax credit admissible under section 61, 62, 63 and 64 during
the tax year after obtaining documentary evidence], as may be necessary, for 3[:]
4[(i) tax withheld from the employee under this Ordinance during the tax year;
(ii) any excess deduction or deficiency arising out of any previous deduction; or
(iii) failure to make deduction during the year;]
(2) The average rate of tax of an employee for a tax year for the purposes of subsection (1) shall be
computed in accordance with the following formula, namely:–
A/B
where –
A is the tax that would be payable if the amount referred to in component B of the formula were the
employee’s taxable income for that year; and
B is the employee’s estimated income under the head “Salary” for that year.
1 Subs by the FinannceAct,2013, s.7(22).
2 Subs by the FinannceAct,2007, s.20(23)(a).
3 Ins ibid, s.20(23)(b).
4 Subs ibid, s.20(23)(c ).
n class=MsoFootnoteReference>[5] Proviso subs by the Finance Act, 2012, s.15(29).
214
1[(3) Notwithstanding anything contained in subsections (1) and (2), every person responsible for making
payment for directorship fee or fee for attending board meeting or such fee by whatever name called, shall at
the time of payment, deduct tax at the rate of twenty percent of the gross amount payable.
(4) Tax deductible under subsection (3) shall be adjustable.]
150. Dividends. — Every 2[person] paying a dividend shall deduct tax from the gross amount of the
dividend paid 3[* * *] at the rate specified in 4[Division I of Part III] of the First Schedule.
151. Profit on debt. — (1) Where –
5[(a) a person pays yield on an account, deposit or a certificate under the National Savings Scheme or
Post Office Savings Account;]
(b) a banking company 6[or] financial institution pays any profit on a debt, being an account or
deposit maintained with the company or institution; 7[*]
8[(c) the Federal Government, a Provincial Government or a 9[Local Government] pays to any
person 9[* * *] profit on any security 10[other than that referred to in clause (a)] issued by such
Government or authority; or]
11[(d) a banking company, a financial institution, a company referred to in 12[subclauses (i) and (ii) of
clause (b)] of subsection , s.12(70)(d).(2) of section 80, or a finance
1 Subsections (3) and (4) added by the Finance Act, 2014, s.7(25).
2 Subs by the Finance Act, 2009, s.5(30).
3 Omitted by the Finance Act, 2002, s.8(55).
4 subs by the Finance Act, 2014, s.7(26).
5 subs by the Finance Act, 2003, s. 12(70)(a).
6 subs ibid, s.12(70)(b).
7 The word “or” omitted by the Finance Act, 2002, s.8(56)(a).
8 Subs ibid, s.8(56)(b).
9 The words “other than a financial institution” omitted by the Finance Act, 2003, s.12(70) (c )(i).
10 Ins ibid, s. 8(56)(b).
11 Added by the Finance Act, 2002, s.8(56)(c ).
12 subs by the Finance Act, 2003
215
society pays any profit on any bond, certificate, debenture, security or instrument of any kind
(other than a loan agreement between a borrower and a banking company or a development
finance institution) to any person other than financial institution.]
the payer of the profit shall deduct tax at the rate specified in Division 1[IA] of Part III of the First Schedule
from the gross amount of the yield or profit paid as reduced by the amount of Zakat, if any, paid by the
recipient under the Zakat and Ushr Ordinance, 1980 (XVII of 1980), at the time the profit is paid to the
recipient.
(2) This section shall not apply to any profit on debt that is subject to subsection (2) of section 152.
2[(3) Tax deductible under this section shall be a final tax on the profit on debt arising to a taxpayer,
except where –
(a) a taxpayer is a company; or
(b) profit on debt is taxable under section 7B.”]
152. Payments to nonresidents. — (1) Every person paying an amount of 3[royalty] or fees for
technical services to a nonresident person that is chargeable to tax under section 6 shall deduct tax from the
gross amount paid at the rate specified in Division IV of Part I of the First Schedule.
4[(1A) Every person making a payment in full or part (including a payment by way of advance) to a non
resident person on the execution of –
(a) a contract or subcontract under a construction, assembly or installation project in Pakistan,
including a contract for the supply of supervisory activities in relation to such project; or
(b) any other contract for construction or services rendered relating thereto; or
1 Subs by the Finance Act, 2014, s.7(27)(a).
2 Subs by the Finance Act, 2015, s.9(32)w.e.f. 01.07.2015)
3 Subs by the Finance Act, 2002, s.8(57)(a).
4 Ins by the Finance Act, 2006, s.17(18)(a).
man";msoansilanguage:ENUS;msofareastlanguage:ENUS; msobidilanguage:ARSA'>[5] Proviso subs by the Finance Act, 2012, s.15(29).
216
(c) a contract for advertisement services rendered by T.V. Satellite Channels,
shall deduct tax from the gross amount payable under the contract at the rate specified in Division II of Part
III of the First Schedule.
1[(1AA) Every person making a payment of insurance premium or reinsurance premium to a nonresident
person shall deduct tax from the gross amount paid at the rate specified in Division II of Part III of the First
Schedule.]
2[(1AAA) Every person making a payment for advertisement services to a nonresident media person
relaying from outside Pakistan shall deduct tax from the gross amount paid at the rate specified in Division
IIIA of Part III of the First Schedule.]
(1B) The tax 3[deductible] under subsection (1A) shall be a final tax on the income of a nonresident
person arising from a contract.]
4[(1BB) The tax 4[deductible] under subsection (1AA) shall be a final tax on the income of the non
resident person arising out of such payment.]
(2) Subject to subsection (3), every person paying an amount to a nonresident person (other than an
amount to which subsection (1) 5[or subsection (1A) 6[, (1AA)] 7[, (1AAA) or (2A)] applies)] shall deduct
tax from the gross amount paid at the rate specified in Division II of Part III of the First Schedule.
8
[(2A) Every prescribed person making a payment in full or part including a payment by way of advance
to a permanent establishment in Pakistan of a nonresident person—
1 Ins by the Finance Act, 2008, s.18(18)(a).
2 Ins by the Finance Act, 2012, s.15(33)(a).
3 Subs by the Finance Act, 2012, s.15(33)(b) and (c ).
4 Ins by the Finance Act, 2008, s.18(18)(b).
5 Ins by the Finance Act, 2007, s.20(24).
6 Ins by the Finance Act, 2010, s.8(30).
7 Ins by the Finance Act, 2012, s.15(33)(d).
8 Added by the Finance Act, 2012, s.15(33)(e).
217
(i) for the sale of goods;
(ii) for the rendering of or providing services; and
(iii) on the execution of a contract, other than a contract for the sale of goods or the rendering of
or providing services, shall, at the time of making the payment, deduct tax from the gross
amount payable (including sales tax, if any) at the rate specified in Division II of Part III of
the First Schedule.]
(2AA) subsection (1AA) shall not apply to an amount, with the written approval of the Commissioner,
that is taxable to a permanent establishment in Pakistan of the nonresident person.]
(3) Subsection (2) does not apply to an amount —
(a) that is subject to deduction of tax under section 149, 150, 1[ * ] 2[ * ] 156 3[or 233];
(b) with the written approval of the Commissioner, that is taxable to a permanent establishment in
Pakistan of the nonresident person;
(c) that is payable by a person who is liable to pay tax on the amount as representative of the non
resident person under subsection (3) of section 172; or
(d) where the nonresident person is not chargeable to tax in respect of the amount.
(4) Where a person claims to be a representative of a nonresident person for the purposes of clause (c) of
subsection (3), the person shall file a declaration to that effect with the Commissioner prior to making any
payment to the nonresident person.
4[(4AA) The Commissioner may, on application made by the recipient of a payment referred to in sub
section (2A0 and after making such
1 Omitted by the Finance Act, 2012, s.15(33)(f)
2 Omitted by the Finance Act, 2013, s.7(23)(a).
3 Ins by the Finance Act, 2006, s.17(19)(b).
4 Ins by the Finance Act, 2015, s.9(33)(w.e.f.01.07.2015).
218
inquiry as the Commissioner thinks fit, may allow in cases where the tax deductible under subsection
(2A) is adjustable, by order in writing, any person to make the payment, without deduction of tax at a reduced
rate.”]
(5) Where a person intends to make a payment to a nonresident person without deduction of tax under
this section, 1[other than payments liable to reduced rate under relevant agreement for avoidance of double
taxation,] the person shall, before making the payment, furnish to the Commissioner a notice in writing setting
out —
(a) the name and address of the nonresident person; and
(b) the nature and amount of the payment.
2[(5A) The Commissioner on receipt of notice shall 3[, within thirty days,] pass an order accepting the
contention or making the order under subsection (6).]
(6) Where a person has notified the Commissioner of a payment under subsection (5) and the
Commissioner has reasonable grounds to believe that the nonresident person is chargeable to tax under this
Ordinance in respect of the payment, the Commissioner may, by 4[order] in writing, direct the person making
the payment to deduct tax from the payment in accordance with subsection (2).
(7) Subsection (5) shall not apply to a payment on account of –
(a) an import of goods where title to the goods passes outside Pakistan 5[and is supported by import
documents], except an 6[*] import that is part of an overall arrangement for the supply of goods,
their installation, and any commission and guarantees in respect of the supply where –
1 Ins by the Finance Act, 2008, s.18(18)(c ).
2 Ins by the Finance Act, 2003, s.12(71).
3 Ins by the Finance Act, 2004, s.6(26)(a).
4 Subs ibid, s.6(26)(b).
5 Ins by the Finance Act, 2008, s.8(18)(d).
6 The word “the’ omitted by the Finance Act, 2002, s.8(57)(b).
219
(i) the supply is made by the head office outside Pakistan of a person to a permanent
establishment of the person in Pakistan;
(ii) the supply is made by a permanent establishment of the person outside Pakistan to a
permanent establishment of the person in Pakistan;
(iii) the supply is made between associates; or
(iv) the supply is made by a resident person or a Pakistan permanent establishment of a non
resident person; or
(b) educational and medical expenses remitted in accordance with the regulations of the State Bank of
Pakistan.
1[(8) In this section “prescribed person” means a prescribed person as defined in subsection (7) of section
153.]
2[153. Payments for goods, services and contracts.— (1) Every prescribed person making a payment
in full or part including a payment by way of advance to a resident person or 3[* * *]—
(a) for the sale of goods;
(b) for the rendering of or providing of services;
(c) on the execution of a contract, 4[including contract signed by a sportsperson] 5[but not including] a
contract for the sale of goods or the rendering of or providing services, shall, at the time of making
the payment, deduct tax from the gross amount payable (including sales tax, if any) at the rate
specified in Division III of Part III of the First Schedule.
1 Added by the Finance Act, 2013, s.7(23)(b).
2 Subs by the Finance Act, 2011, s.6(20).
3 The words “permanent establishment in Pakistan of a nonresident person” omitted by the Finance Act, 2012, s.15(34)(a).
4 Ins by the Finance Act, 2014, s.7(28)(i).
5 Subs ibid, s.7(28)(ii).
220
(2) Every exporter or an export house making a payment in full or part including a payment by way of
advance to a resident person or permanent establishment in Pakistan of a nonresident person for rendering of
or providing services of stitching, dying, printing, embroidery, washing, sizing and weaving, shall at the time of
making the payment, deduct tax from the gross amount payable at the rate specified in Division IV of Part III
of the First Schedule.
(3) The tax 1[deductible] under clauses (a) and (c) of subsection (1) and under subsection (2) of this
section, on the income of a resident person or 2[* * *], shall be final tax.
Provided that,—
(a) tax deducted under clause (a) of subsection (1) shall be adjustable where payments are received
on sale or supply of goods, by a, —
(i) company being a manufacturer of such goods; or
(ii) public company listed on a registered stock exchange in Pakistan;
(b) tax 3[deductible] shall be a minimum tax on transactions referred to in clause (b) of subsection
(1); and
(c) tax deducted under clause (c) of subsection (1) shall be adjustable if payments are received by a
public company listed on a registered stock exchange in Pakistan, on account of execution of
contracts 4[;]
5[(d) tax deducted under clause (c ) of subsection (1) in respect of a sportsperson shall be final tax
with effect from year 2013”].
1 Subs by the Finance Act, 2012, s.15(34)(b)(i).
2 The words “permanent establishment in Pakistan of a nonresident person” omitted ibid, s.15(34)(b)(ii).
3 Subs by the Finance Act, 2012, s.15(34)(b)(iii).
4 Added by the Finance Act, 2015, s.9(34)(w.e.f.01.07.2015)
5 Added by the Finance Act, 2015, s.9(34)(w.e.f. 01.07.2015).
221
(4) The Commissioner may, on application made by the recipient of a payment referred to in subsection
(1) and after making such inquiry as the Commissioner thinks fit, may allow in cases where tax deductible
under subsection (1) is adjustable, by an order in writing, any person to make the payment,—
(a) without deduction of tax; or
(b) deduction of tax at a reduced rate.
(5) Subsection (1) shall not apply to —
(a) a sale of goods where the sale is made by the importer of the goods and tax under section 148 in
respect of such goods has been paid and the goods are sold in the same condition as they were
when imported;
(b) payments made to traders of yarn by the taxpayers specified in the zerorated regime of sales tax
(as provided under clause (45A) of PartIV of the Second Schedule);
(c) a refund of any security deposit;
(d) a payment made by the Federal Government, a Provincial Government or a Local Government to
a contractor for construction materials supplied to the contractor by the said Government or the
authority;
(e) a cotton ginner who deposits in the Government Treasury, an amount equal to the amount of tax
deductible on the payment being made to him, and evidence to this effect is provided to the
‘prescribed person”;
(f) the purchase of an asset under a lease and buy back agreement by a modaraba, leasing company,
banking company or financial institution; or
(g) any payment for securitization of receivables by a Special Purpose Vehicle to the Originator.
222
(6) Where any tax is deducted by a person making a payment for a Special Purpose Vehicle, on behalf of
the Originator, the tax is credited to the Originator.
(7) In this section, —
(i) “prescribed person” means—
(a) the Federal Government;
(b) a company;
(c) an association of persons constituted by, or under law;
(d) a nonprofit organization;
(e) a foreign contractor or consultant;
(f) a consortium or joint venture;
(g) an exporter or an export house for the purpose of subsection (2); 224
(h) an association of persons, having turnover of fifty million rupees or above in tax year 2007 or in
any subsequent tax year; 1[ * ]
(i) an individual, having turnover of fifty million rupees or above in the tax year 2009 or in any
subsequent year; 2[or]
3[(j) a person registered under the Sales Tax Act, 1990;]
(ii) “services” includes the services of accountants, architects, dentists, doctors, engineers,
interior decorators and lawyers, otherwise than as an employee;
1 The word “or” omitted by the Finance Act, 2013, s.7(24)(A)(a)(i).
2 Added ibid, s.7(24)(a)(ii).
3 Added by the Finance Act, 2013, s.7(24)(A)(b).
223
(iii) “sale of goods” includes a sale of goods for cash or on credit, whether under written
contract or not;
(iv) “manufacturer” means a person who is engaged in production or manufacturing of goods,
which includes—
(a) any process in which an article singly or in combination with other articles, material, components,
is either converted into another distinct article or product is so changed, transferred, or reshaped
that it becomes capable of being put to use differently or distinctly; or
(b) a process of assembling, mixing, cutting or preparation of goods in any other manner; and
(v) “turnover” means—
(a) the gross sales or gross receipts, inclusive of sales tax and federal excise duty or any trade
discounts shown on invoices, or bills, derived from the sale of goods;
(b) the gross fees for the rendering of services for giving benefits including commissions;
(c) the gross receipts from the execution of contracts; and
(d) the company’s share of the amounts stated above of any association of persons of which the
company is a member.]
1[153A.][* * * * * * *
154. Exports. — (1) Every authorized dealer in foreign exchange shall, at the time of realization of
foreign exchange proceeds on account of the export of goods by an exporter, deduct tax from the proceeds at
the rate specified in Division IV of Part III of the First Schedule.
1 Section 153(A) omitted by the Finance Act, 2013, s.7(25).
224
(2) Every authorized dealer in foreign exchange shall, at the time of realization of foreign exchange
proceeds on account of the commission due to an indenting commission agent, deduct tax from the proceeds
at the rate specified in Division IV of Part III of the First Schedule.
(3) Every banking company shall, at the time of realization of the proceeds on account of a sale of goods
to an exporter under an inland backtoback letter of credit or any other arrangement as prescribed by the
1[Board], deduct tax from the amount of the proceeds at the rate specified in Division IV of Part III of the
First Schedule.
2[(3A) The Export Processing Zone Authority established under the Export Processing Zone Authority
Ordinance, 1980 (VI of 1980), shall at the time of export of goods by an industrial undertaking located in the
areas declared by the Federal Government to be a Zone within the meaning of the aforesaid Ordinance, collect
tax at the rate specified in Division IV of Part III of the First Schedule.
(3B) Every direct exporter and an export house registered under the Duty and Tax Remission for
Exports Rules, 2001 provided in SubChapter 7 of Chapter XII of the Customs Rules, 2001 shall, at the time
of making payment for a firm contract to an indirect exporter defined under the said rules, deduct tax at the
rates specified in Division IV of Part III of the First Schedule.]
3[(3C) The Collector of Customs at the time of clearing of goods exported shall collect tax from the gross
value of such goods at the rate specified in Division IV of Part III of the First Schedule.]
(4) The tax 4[deductible] under 5[this section] shall be a final tax on the income arising from the
6[transactions referred to in this section].
7[The provisions of subsection (4) shall not apply to a person who opts not to be subject to final taxation:
1 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
2 Ins by the Finance Act, 2003, s.12(73)(a).
3 Ins by the Finance Act, 2009, s.5(32).
4 Subs by the Finance Act, 2012, s.15(36).
5 Subs by the Finance Act, 2006, s.17(20).
6 Subs by the Finance Act, 2007, s.20(26).
7 Added by the Finance Act, 2015, s.9(35)(w.e.f. 01.07.2015).
225
Provided that this subsection shall be applicable from tax year 2015 and the option shall be
exercised every year at the time of filling of return under section 114:
Provided further that the tax deducted under this subsection shall be minimum tax.”]
155. Income from property.— (1) 1[Every] prescribed person making a payment in full or part
(including a payment by way of advance) to any person on account of rent of immovable property (including
rent of furniture and fixtures, and amounts for services relating to such property) shall deduct tax from the
gross amount of rent paid at the rate specified in Division V of Part III of the First Schedule.
2[Explanation. “gross amount of rent” includes the amount referred to in subsection (1) or (3) of
section 16, if any.]
3(2) * * * * * * *
4[(3) In this section, “prescribed person” means –
(i) the Federal Government;
(ii) a Provincial Government;
(iii) 5[Local Government];
(iv) a company;
(v) a nonprofit organization 6[or a charitable institution];
(vi) a diplomatic mission of a foreign state; 7[ * ]
1 Subs by the Finance Act, 2006, s.17(21)(a).
2 Ins ibid, s.17(21)(a).
3 Subsection (2) omitted by the Finance Act, 2010, s.8(32).
4 Subsection (3) subs by the Finance Act, 2006, s.17(21)(c ).
5 Subs by the Finance Act, 2008, s.18(34).
6 Ins by the Finance Act, 2013, s.7(26)(a).
7 Omitted ibid, s.7(26)(b).
e Act, 2012, s.15(33)(e).
226
1[(via) a private educational institution, a boutique, a beauty parlour, a hospital, a clinic or a
maternity home;
(vib) individuals or association of persons paying gross rent of rupees one and a half million and
above in a year; or]
(vii) any other person notified by the 2[Board] for the purpose of this section.]
156. Prizes and winnings.— (1) Every person paying 3[prize on] a prize bond, or winnings from a raffle,
lottery, 4[prize on winning a quiz, prize offered by companies for promotion of sale,] or crossword puzzle
shall deduct tax from the gross amount paid at the rate specified in Division VI of Part III of the First
Schedule.
(2) Where a prize, referred to in subsection (1), is not in cash, the person while giving the prize shall
collect tax on the fair market value of the prize.
5[(3) The tax 6[deductible] under subsection (1) or collected under 7[sub] section (2) shall be final tax on
the income from prizes or winnings referred to in the said subsections.]
8[156A. Petroleum Products.— (1) Every person selling petroleum products to a petrol pump operator
shall deduct tax from the amount of commission or discount allowed to the operator at the rate specified in
Division VIA of Part III of the First schedule.
(2) The tax 9[deductible] under subsection (1) shall be a final tax on the income arising from the sale of
petroleum products to which subsection (1) applies.]
1 Ins ibid, s.7(26)(c ).
2 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
3 Ins by the Finance Act, 2002, s.8(60)(a).
4 Ins by the Finance Act, 2003, s.12(75)(a).
5 Subsection (3) subs by the Finance Act, 2002, s.8(60)(b).
6 Subs by the Finance Act, 2012, s.15(37) and (38).
7 Subs ibid, s.7(29).
8 Added by the Finance Act, 2004, s.6(29).
227
1[156B. Withdrawal of balance under Pension Fund.— (1) A pension fund manager making payment
from individual pension accounts, maintained under any approved Pension Fund, shall deduct tax at the rate
specified in subsection (6) of section 12 from any amount –
(a) withdrawn before the retirement age 2[:]
3[Provided that the tax shall not be deducted in case of the eligible person suffering from any
disability as mentioned in subrule (2) of rule 17 of the Voluntary Pension System Rules, 2005
which renders him unable to continue with any employment at the age which he may so elect to
be treated as the retirement age or the age as on the date of such disability if not so elected by
him.]
3 [Provided further that the tax shall not be deducted on the share of the nominated survivor
of the deceased eligible person and would be treated as if the eligible person had reached the age
of retirement.]
(b) withdrawn, if in excess of 3[fifty per cent] of his accumulated balance at or after the retirement
age:
4[Provided that the tax shall not be deducted in case, the balance in the eligible persons‘
individual pension account is invested in an approved income payment plan of a pension fund
manager or paid to a life insurance company for the purchase of an approved annuity plan or is
transferred to another individual pension account of the eligible person or the survivors’ pension
account in case of death of the eligible person maintained with any other pension fund manager as
specified in the Voluntary Pension System Rules, 2005.]
5[157.]* * * * * * *
6[158. Time of deduction of tax.— A person required to deduct tax from an amount paid by the person
shall deduct tax —
(a) in the case of deduction under section 151, at the time the amount is 7[paid or] credited to the
account of recipient 8[, whichever is earlier]; and
(b) in other cases, at the time the amount is actually paid.] 9[ ; ]
10[(c) amount actually paid shall have the meaning as may be prescribed.”]
1 Ins by the Finance Act, 2005, s.8(29).
2 Subs by the Finance Act, 2006, s.17(22)(a).
3 Subs by the Finance Act, 2011, s.6(21).
4 Subs by the Finance Act, 2006, s.17(22)(b).
5 Section 157 omitted by the Finance Act, 2002, s.8(61).
6 Subs ibid, s.8(62).
7 Ins by the Finance Act, 2003, s.12(76)(a).
8 Ins ibid, s.12(76)(b).
9 Ins by the Finance Act, 2015, s.9(360(w.e.f. 01.07.2015)
10 Added ibid, s.9(36).
228
Division IV
General Provisions Relating to the Advance Payment of Tax or the
Deduction of Tax at Source
159. Exemption or lower rate certificate.— (1) Where the Commissioner is satisfied that an amount
1[* * *] to which Division II or III of this Part 2[or Chapter XII] XII] applies is –
(a) exempt from tax under this Ordinance; or
(b) subject to tax at a rate lower than that specified in the First Schedule 3[; or
(c) is subject to hundred percent tax credit under section 100C, ]
the Commissioner shall, upon application in writing by the person, issue the person with an exemption or
lower rate certificate.
4[(1A) The Commissioner shall, upon application from a person whose income is not likely to be
chargeable to tax under 5[*] this Ordinance, issue exemption certificate for the profit on debt referred to in
clause (c) of subsection (1) of section 151.]
(2) A person required to collect advance tax under Division II of this Part or deduct tax from a payment
under Division III of this Part 6[or deduct or collect tax under Chapter XII] shall collect or deduct the full
amount of tax specified in Division II or III 7[or Chapter XII], as the case may be, unless there is in force a
certificate issued under subsection (1) relating to the collection or deduction of such tax, in which case the
person shall comply with the certificate.
8(3)* * * * * * *
1 The words “paid to a person” omitted by the Finance Act, 2003, s.17(77)(a).
2 Ins by the Finance Act, 2002, s.8(63).
3 Subs by a new clause (c) added by the Finance Act, 2014, s.7(30)(i).
4 Ins by the Finance Act, 2003, s.12(77)(b).
5 The word “the’ omitted by the Finance Act, 2004, s.6(30).
6 Ins by the Finance Act, 2003, s.12(77)(c )(i).
7 Ins ibid, s.12(77)(c)(ii).
8 Subsections (3), (4) and (5) omitted by the Finance Act, 2015, s.9(37)(w.e.f. 01.07.2015).
229
1[(6) Notwithstanding omission of subsection (3), (4) and (5),any notification under the said subsections
and for the time being in force, shall continue to remain in force, unless for rescinded by the Board through
notification in the official Gazette.
160. Payment of tax collected or deducted.— Any tax that has been collected or purported to be
collected under Division II of this Part or deducted or purported to be deducted under Division III of this Part
2[or deducted or collected, collected, or purported to be deducted or collected under Chapter XII] shall be
paid to the Commissioner by the person making the collection or deduction within the time and in the manner
as may be prescribed.
161. Failure to pay tax collected or deducted.— (1) Where a person –
(a) fails to collect tax as required under Division II of this Part 3[or Chapter XII] or deduct tax from a
payment as required under Division III of this Part 4[or Chapter XII] 5[or as required under
section 50 of the repealed Ordinance]; or
(b) having collected tax under Division II of this Part 1[or Chapter XII] or deducted tax under
Division III of this Part 4[or Chapter XII] fails to pay the tax to the Commissioner as required
under section 160, 6[or having collected tax under section 50 of the repealed Ordinance pay to the
credit of the Federal Government as required under subsection (8) of section 50 of the repealed
Ordinance,]
the person shall be personally liable to pay the amount of tax to the Commissioner 7[who may 8[pass an order
to that effect and] proceed to recover the same.]
1 Ins by the Finance Act, 2015, s.9(37)(w.e.f. 01.07.2015).
2 Ins by the Finance Act, 2002, s.8(64).
3 Ins by the Finance Act, 2003, s.12(78)(a)(i).
4 Ins by the Finance Act, 2002, s.8(65)(a)(ii) and (iii).
5 Ins ibid, s.12(78)(a)(ii).
6 Ins ibid, s.12(78)(b)(iii).
7 Ins by the Finance Act, 2002, s.8(65)(a)(i).,
8 Ins by the Finance Act, 2003, s.8(65)(b).
230
1[(1A) No recovery under subsection (1) shall be made unless the person referred to in subsection (1)
has been provided with an opportunity of being heard.
(1B) Where at the time of recovery of tax under subsection (1) it is established that the tax that was to be
deducted from the payment made to a person or collected from a person has meanwhile been paid by that
person, no recovery shall be made from the person who had failed to collect or deduct the tax but the said
person shall be liable to pay 2[default surcharge] at the rate of 3[twelve] per cent per annum from the date he
failed to collect or deduct the tax to the date the tax was paid.]
(2) A person personally liable for an amount of tax under subsection (1) as a result of failing to collect or
deduct the tax shall be entitled to recover the tax from the person from whom the tax should have been
collected or deducted.
162. Recovery of tax from the person from whom tax was not collected or deducted.— (1) Where a
person fails to collect tax as required under Division II of this Part 1[or Chapter XII] or deduct tax from a
payment as required under Division III of this Part 1[or Chapter XII,] the Commissioner may 4[pass an order
to that effect and] recover the amount not collected or deducted from the person from whom the tax should
have been collected or to whom the payment was made.
(2) The recovery of tax under subsection (1) does not absolve the person who failed to deduct tax as
required under Division III of this Part 1[or Chapter XII] from any other legal action in relation to the failure,
or from a charge of 5[default surcharge] or the disallowance of a deduction for the expense to which the
failure relates, as provided for under this Ordinance.
163. Recovery of amounts payable under this Division.— The provisions of this Ordinance shall apply
to any amount required to be paid to the Commissioner under this Division as if it were tax due under an
assessment order.
1 Ins by the Finance Act, 2002, s.8(65)(a) and (b).
2 Subs by the Finance Act, 2010, s.8(33).
3 Subs by the Finance Act, 2015, s.9(38)(w.e.f. 01.07.2015).
4 Ins by the Finance Act, 2003, s.12(79)(b).
5 Subs by the Finance Act, 2010, s.8(34).
231
164. Certificate of collection or deduction of tax.— (1) Every person collecting tax under Division II
of this Part or deducting tax from a payment under Division III of this Part 1[or 2[deducting or collecting tax
under] Chapter XII] shall, shall, at the time of collection or deduction of the tax, furnish to the person from
whom the tax has been collected or to whom the payment from which tax has been deducted has been made,
3[copies of the challan of payment or any other equivalent document along with] a certificate setting out the
amount of tax collected or deducted and such other particulars as may 4[* * *] be prescribed.
(2) A person required to furnish a return of taxable income for a tax year shall attach to the return
5[copies of the challan of payment on the basis of which a certificate is] provided to the person under this
section in respect of tax collected or deducted in that year 6[* * *]. ]
165. Statements.— (1) Every person collecting tax under Division II of this Part [or Chapter XII] or
deducting tax from a payment under Division III of this Part 7[or Chapter XII] shall, 8[* * *] furnish to the
Commissioner a 9[monthly] statement in the prescribed form setting out—
(a) the name, 10[Computerized National Identity Card Number, National Tax Number] and address of
each person from whom tax has been collected under Division II of this Part 7[or Chapter XII] or
to whom payments have been made from which tax has been deducted under Division III of this
Part 11[or 1[or Chapter XII] in 12[each 13[month] ];
(b) the total amount of payments made to a person from which tax has been deducted under Division
III of this Part 7[or Chapter XII] in 11[each 12[month] ];
1 Ins by the Finance Act, 2002, 8(67)(a).
2 Ins by the Finance Act, 2003, s.12(80)(a).
3 Ins by the Finance Act, 2009, s.5(33)(a).
4 The words “pass an order to that effect and” omitted by the Finance Act, 2004, s.6(31).
5 Subs by the Finance Act, 2009, s.5(33)(b).
6 Omitted by the Finance Act, 2013, s.7(27).
7 Ins by the Finance Act, 2002, s.8(68)(a)(i) ,(ii) and (iii).
8 Omitted by the Finance Act, 2010, s.8(35)(a)(i).
9 Ins by the Finance Act, 2011, s.6(22)(a)(ii).
10 Ins ibid, s.6(2)(a)(ii).
11 Ins by the Finance Act, 2002, s.8(68)(a)(iv).
12 Subs ibid, s.8(68)(b).
13 Subs by the Finance Act, 2011, s.6(22)(a)(iii) and (iv).
232
(c) the total amount of tax collected from a person under Division II of this Part 1[or Chapter XII] or
deducted from payments made to person under Division III of this Part 1[or Chapter XII] in
11[each 12[month]]; and
(d) such other particulars as may be prescribed 2[:]
3[Provided
that every person as provided in subsection (1) shall be required to file
withholding statement even where no withholding tax is collected or deducted during the period.]
4[Explanation.— For the removal of doubt, it is clarified that this subsection overrides all
conflicting provisions contained in the Protection of Economic Reforms Act, 1992 (XII of 1992),
the Banking Companies Ordinance, 1962 (LVII of 1962), the Foreign Exchange Regulation Act,
1947 (VII of 1947) and the regulations made under the State Bank of Pakistan Act, 1956 (XXXIII
of 1956), if any, on the subject, in so far as divulgence of information under section 165 is
concerned.]
5[(2) Every prescribed person collecting tax under Division II of this Part or Chapter XII or deducting tax
from payment under Division III of this Part or Chapter XII shall furnish or efile statements under subsection
(1) by the 15thday of the month following the month to which the withholding tax pertains.]
6[(3) 7[Board] may prescribe a statement requiring any person to furnish information 8[*] in respect of any
transactions in the prescribed form and verified in the prescribed manner 9[.] ]
1 Ins by the Finance Act, 2003, s.81)(a)(i).
2 Subs by the Finance Act, 2010, s.8(35)(a)(iv).
3 Ins ibid, s.8(35)(a)(vi).
4 Added by the Finance Act, 2013, s.7(28)(a).
5 Subsection (2) subs by the Finance Act, 2011, s.6(22)(b).
6 Ins by the Finance Act, 2006, s.17(23)(b).
7 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
8 The word “periodically” omitted by the Finance Act, 2011, s.6(22)(c )(i).
9 Subs ibid, s.6(22)9c )(ii).
Omitted ibid, s.7(26)(b). e Act, 2012, s.15(33)(e).
233
(4) A person required to furnish a statement under subsection 1[(1)], may apply in writing, to the
Commissioner for an extension of time to furnish the statement after the due date and the Commissioner if
satisfied that a reasonable cause exists for nonfurnishing of the statement by the due date may, by an order in
writing, grant the applicant an extension of time to furnish the statement.
(5) The Board may make rules relating to electronic furnishing of statements under this section
including,
(a) mandatory electronic filing of statements; and
(b) determination of eligibility of the data of such statements and eintermediaries, etc.]
2[(6) Every person deducting tax from payment under section 149 shall furnish to the Commissioner an
annual statement in the prescribed form and manner 3[.]
4
(7)* * * * * * *
5[165A. Furnishing of information by banks.— (1) Notwithstanding anything contained in any law for
the time being in force including but not limited to the Banking Companies Ordinance, 1962 (LVII of 1962),
the Protection of Economic Reforms Act, 1992 (XII of 1992), the Foreign Exchange Regulation Act, 1947
(VII of 1947) and the regulations made under the State Bank of Pakistan Act, 1956 (XXXIII of 1956), if any,
on the subject every banking company shall make arrangements to provide to the Board in the prescribed form
and manner,—
(a) online access to its central database containing details of its account holders and all transactions
made in their accounts;
(b) a list containing particulars of deposits aggregating rupees one million or more made during the
preceding calendar month;
1 Subs by the Finance Act, 2010, s8(35)(c ).
2 Added by the Finance Act, 2011, s.6(22)(d).
3 Subs by the Finance Act, 2013, s.7(28)(b).
4 Proviso omitted ibid, s.7(28)(b).
5 Added ibid, s.7(29).
234
(c) a list of payments made by any person against bills raised in respect of a credit card issued to that
person, aggregating to rupees one hundred thousand or more during the preceding calendar month;
(d) a consolidated list of loans written off exceeding rupees one million during a calendar year; and
(e) a copy of each currency transactions report and suspicious transactions report generated and
submitted by it to the Financial Monitoring Unit under the AntiMoney Laundering Act, 2010 (VII
of 2010).
(2) Each banking company shall also make arrangements to nominate a senior officer at the head office to
coordinate with the Board for provision of any information and documents in addition to those listed in sub
section (1), as may be required by the Board.
(3) The banking companies and their officers shall not be liable to any civil, criminal or disciplinary
proceedings against them for furnishing information required under this Ordinance.
(4) Subject to section 216, all information received under this section shall be used only for tax purposes
and kept confidential.]
1[165B. Furnishing of information by financial institutions including banks. — (1) Notwithstanding
anything contained in any law for the time being in force including but not limited to the Banking Companies
Ordinance, 1962(XII of 1962), the Protection of Economic Reforms Act, (XII of 1992), the Foreign Exchange
Regulations Act, 1947(VII of 1947) and any regulations mad3e under the State Bank of Pakistan Act,
1956(XXXIII of 1956)on the subject, every financial institution shall make arrangements to provide
information regarding nonresident persons to the Board in the prescribed form and manner for the purpose of
automatic exchange of information under bilateral agreement or multilateral convention.
(2) Subject to section 216, all information received under this section shall be used only for tax and related
purposes and kept confidential.]
1 Ins by the Finance Act, 2015, s.9(39)(w.e.f. 01.07.2015).
235
166. Priority of tax collected or deducted. — (1) Tax collected by a person under Division II 1[of this
Part or Chapter XII] or deducted from a payment under Division III of this Part 2[or Chapter XII] shall be —
(a) held by the person in trust for the 3[Federal] Government; and
(b) not subject to attachment in respect of any debt or liability of the person.
(2) In the event of the liquidation or bankruptcy of a person who has collected 4[* * *] or deducted tax
from a payment under Division III of this Part 2[or Chapter XII], the amount collected or deducted shall not
form part of the estate of the person in liquidation or bankruptcy and the Commissioner shall have a first claim
for that amount before any distribution of property is made.
(3) Every amount that a person is required to deduct from a payment under Division III of this Part 5[or
Chapter XII] shall be –
(a) a first charge on the payment; and
(b) deducted prior to any other amount that the person may be required to deduct from the payment
by virtue of an order of any Court or under any other law.
167. Indemnity.— A person who has deducted tax from a payment under 6[Division III of this Part] 7[or
Chapter XII] and remitted the deducted amount to the Commissioner shall be treated as having paid the
deducted amount to the recipient of the payment for the purposes of any claim by the recipient for payment of
the deducted tax.
168. Credit for tax collected or deducted. — (1) For the purposes of this Ordinance —
1 Ins by the Finance Act, 2003, s.12(82)(a).
2 Ins by the Finance Act, 2002,s.8(69)(a) and (b).
3 Ins by the Finance Act, 2003, s.12(82)(b).
4 The tax “under Division II of this Part” omitted ibid, s.12(82)(c).
5 Ins ibid, s.12(82)(d).
6 Subs ibid, s.12(83).
7 Ins by the Finance Act, 2002, s.8(70)(b).
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(a) the amount of any tax deducted from a payment under Division III of this Part 1[or Chapter XII]
shall be treated as income derived by the person to whom the payment was made; and
(b) the amount of any tax collected under Division II of this Part 2[or Chapter XII] or deducted under
Division III of this Part 1[or Chapter XII] shall be treated as tax paid by the person from whom the
tax was collected or deducted.
(2) Subject to subsections (3) and (4), where an amount of tax has been collected from a person under
Division II of this Part [or Chapter XII] or deducted from a payment made to a person under Division III of
this Part 1[or Chapter XII], the person shall be allowed a tax credit for that tax in computing the tax due by
the person on the taxable income of the person for the tax year in which the tax was collected or deducted.
3[(3) No tax credit shall be allowed for any tax collected or deducted that is a final tax under—
(a) subsection (7) of section 148;
(b) subsection (3) of section 151;
(c) subsection (1B) and (1BB) of section 152;
(d) 4[* * *] subsection (3) of section 153;
(e) subsection (4) of section 154;
(f) subsection (3) of section 156;
(g) subsection (2) of section 156A;
(h) subsection (3) of section 233; 5[and]
1 Ins by the Finance Act, 2002, s.8(71)(a)(i), (ii) and (b).
2 Ins ibid, s.12(84)(b).
3 Subsection (3) subs by the Finance Act, 2011, s.6(23).
4 The words “clause (a), (c ) and (d) omitted by the Finance Act, 2013, s.7(30)(a).
5 Added ibid, s.7(30)(b).
237
1[(i)]* * * * * * *
(j) subsection (3) of section 234A.]
(4) A tax credit allowed under this section shall be applied in accordance with subsection (3) of section 4.
(5) A tax credit or part of a tax credit allowed under this section for a tax year that is not able to be
credited under subsection (3) of section 4 for the year shall be refunded to the taxpayer in accordance with
section 170.
2[(6) Notwithstanding anything contained in any other law or any rules for the time being in force, no
amount shall be deducted on account of service charges from the tax withheld or collected by any person
under the provisions of this Ordinance.
(7) In case any amount is deducted on account of service charges, by the person, the said person will be
liable to pay the said amount to the Federal Government and all the provisions of this Ordinance shall apply in
so far as they apply to the recovery of tax.]
169. Tax collected or deducted as a final tax.— (1) This section shall apply where —
(a) the 3[advance tax required to be collected] 4[or paid] is a final tax under subsection (7) of section
148 5[148A] 6[* * *] 7[or section 234A] on the income to which it relates; or
(b) the 8[tax required to be deducted] is a final tax under 9[subsection (3) of section 151], sub
section (1B) 10[or
1 Subclause (i) omitted by the Finance Act, 2012, s.7(30)(c ).
2 Added by the Finance Act, 2009, s.5(34)(b).
3 Subs by the Finance Act, 2012, s.15(39)(a)(i).
4 Ins by the Finance Act, 2015 , s.9(40)(a).
5 Ins ibid, s.9(40)(b).
6 Omitted by the Finance Act, 2013, s.7(31(a)(i).
7 Ins by the Finance Act, 2007, s.20(27)(a).
8 Subs., for the words “deduction of tax” by the Finance Act, 2012, s.15(39)(a)(ii)(b).
9 Subs., for the words, brackets, comma and figure “clauses (a), (b) and (d) of subsection (1) of section 151” by the Finance Act, 2011, s.6(24)(a).
10 The word, brackets and figure ins. by the Finance Act, 2008, s.8.
238
subsection (1BB)] of section 152, 1[ 2[***] subsection (3) of section 153], [ [ [subsection
(1AAA) of section 152], ] subsection (4) of section 154, 3[* * *] subsection (3) of section
156, 4[**] 5[subsection (2) 6[or] section 156A or subsection 7[(1) and] (3) of section 233
8[***] ] on the income from which it 9[was deductible].
(2) Where this section applies —
(a) the income shall not be chargeable to tax under any head of income in computing the taxable
income of the person;
(b) no deduction shall be allowable under this Ordinance for any expenditure incurred in deriving the
income;
(c) the amount of the income shall not be reduced by —
(i) any deductible allowance under Part IX of Chapter III; or
(ii) the set off of any loss;
(d) the tax deducted shall not be reduced by any tax credit allowed under this Ordinance; 10[*]
(e) there shall be no refund of the tax collected or deducted 11[unless the tax so collected or deducted
is in excess of
1 Subs by the Finance Act, 2011, s.6(24)(b).
2 Subs by the Finance Act, 2012, s.7(31)(a)(ii).
3 The words “clauses (a), (c) and (d) of” omitted by the Finance Act, 2010, s.8(36)(a).
4 Omitted by the Finance Act, 2002, s.8(72)(a).
5 Ins by the Finance Act, 2004,
6 Subs by the Finance Act, 2014, s.7(31).
7 Ins by the Finance Act, 2005,
8 The commas, words, brackets and figures “,or subsection (2) of section 157” omitted by the Finance Act, 2008, s.8.
9 Subs., the words “has been deducted” by the Finance Act, 2012, s.15(39)(a)(ii).
10 The word “and’ omitted by the Finance Act, 2012, s.15(39)(b)(i).
11 The words added by the Finance Act, 2002, s.8(72)(b).
239
the amount for which the taxpayer is chargeable under this Ordinance 1[; and]. ]
2[(f) tax deductible has not been deducted, or short deducted, the said nondeduction or short
deduction may be recovered under section 162, and all the provisions of this Ordinance shall apply
accordingly.]
(3) Where all the income derived by a person in a tax year is subject to final taxation under the provisions
referred to in subsection (1) or under sections 5, 6 3[and] 4[***] 5[an assessment shall be treated to have
been made under section 120 and] the person shall not be required to furnish a return of income under section
114 for the year.
6[Explanation.—The expression, “an assessment shall be treated to have been made under section 120”
means,—
(a) the Commissioner shall be taken to have made an assessment of income for that tax year, and the
tax due thereon equal to those respective amounts specified in the return or statement under sub
section (4) of section 115; and
(b) the return or the statement under subsection (4) of section 115 shall be taken for all purposes of
this Ordinance to be an assessment order.]
7[(4) * * * * * * *
1 Subs., for the full stop by the Finance Act, 2012, s.15(39)(b)(ii).
2 Clause (f) added ibid, s.15(39)(b)(ii).
3 Subs., by the Finance Act, 2013, s.7(310(b)(i)
4 The words “other than dividend received by a company” omitted ibid, s.7(31)(b)(ii).
5 Ins by the Finance Act, 2002, s.8(72)(c ).
6 Explanation inserted by the Finance Act, 2010, s.8(36)(c ).
7 Subsection (4) omitted by the Finance Act, 2004, s.6(32)(b).
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PART VI
REFUNDS
170. Refunds.—(1) A taxpayer who has paid tax in excess of the amount which the taxpayer is properly
chargeable under this Ordinance may apply to the Commissioner for a refund of the excess.
1[(1A) Where any advance or loan, to which subclause (e) of clause (19) of section 2 applies, is repaid
by a taxpayer, he shall be entitled to a refund of the tax, if any, paid by him as a result of such advance or loan
having been treated as dividend under the aforesaid provision.]
(2) An application for a refund under subsection (1) shall be –
(a) made in the prescribed form;
(b) verified in the prescribed manner; and
(c) made within two years of the later of
(i) the date on which the Commissioner has issued the assessment order to the taxpayer for he tax
year to which the refund application relates; or
(ii) the date on which the tax was paid.
(3) Where the Commissioner is satisfied that tax has been overpaid, the Commissioner shall —
(a) apply the excess in reduction of any other tax due from the taxpayer under this Ordinance;
(b) apply the balance of the excess, if any, in reduction of any outstanding liability of the taxpayer to
pay other taxes; and
(c) refund the remainder, if any, to the taxpayer.
1 Subsection (1A) ins., by the Finance Act, 2003, s.12(86)(a).
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(4) The Commissioner shall, within 1[sixty] days of receipt of a refund application under subsection (1),
serve on the person applying for the refund an order in writing of the decision 2[after providing the taxpayer
an opportunity of being heard].
3[(5) A person aggrieved by—
(a) an order passed under subsection (4); or
(b) the failure of the Commissioner to pass an order under subsection (4) within the time specified in
that subsection,
may prefer an appeal under Part III of this Chapter.]
171. Additional payment for delayed refunds.— (1) Where a refund due to a taxpayer is not paid
within three months of the date on which it becomes due, the Commissioner shall pay to the taxpayer a further
amount by way of compensation at the rate of 4[KIBOR plus 0.5 per cent] per annum of the amount of the
refund computed for the period commencing at the end of the three month period and ending on the date on
which it was paid 5[:]
6[Provided that where there is reason to believe that a person has claimed the refund which is not
admissible to him, the provision regarding the payment of such additional amount shall not apply till the
investigation of the claim is completed and the claim is either accepted or rejected.]
(2) For the purposes of this section, a refund shall be treated as having become due —
(a) in the case of a refund required to be made in consequence of an order on an appeal to the
Commissioner (Appeals), an appeal to the Appellate Tribunal, a reference to the High Court or an
appeal to the Supreme Court, on the date of receipt of such order by the Commissioner; 7[or]
(b) in the case of a refund required to be made as a consequence of a revision order under section
8[122A], on the date the order is made by the Commissioner; or
(c) in any other case, on the date the refund order is made.
9[Explanation.— For the removal of doubt, it is clarified that where a refund order is
made on an application under sub section (1) of section 170, for the purpose of
compensation, the refund becomes due from the date refund order is made and not from the
date the assessment of income treated to have been made by the Commissioner under section
120.]
1 Subs., for the words “forty five” by the Finance Act, 2009, s.5 (36).
2 Ins by the Finance Act, 2003 , s.12(86)(b).
3 Subs ibid, s.12(86)(c ).
4 Subs., for the word “fifteen” by the Finance Act, 2015, s. 9(41) (w.e.f. 01.07.2015).
5 Subs., for the full stop by the Finance Act, 2009, s 5 (36).
6 Proviso ins., by the Finance Act, 2009, s.5(36).
7 Added by the Finance Act, 2003, s.12(87)(a).
7 Ins by the Finance Act, 2002, s.8(70)(b).
8 Subs., for the figure “135” by the Finance Act, 2003, s.12(87)(b).
9 Explanation added by the Finance Act, 2013, s.7(32).
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PART VII
REPRESENTATIVES
172. Representatives.— (1) For the purposes of this Ordinance and subject to subsections (2) and (3),
“representative” in respect of a person for a tax year, means –
(a) where the person is an individual under a legal disability, the guardian or manager who receives or
is entitled to receive income on behalf, or for the benefit of the individual;
(b) where the person is a company (other than a trust, a Provincial Government, or 1[Local
Government] in Pakistan), the principal officer of the company;
(c) where the person is a trust declared by a duly executed instrument in writing whether testamentary
or otherwise (including any Wakf deed which is valid under the Mussalman Wakf Validation Act,
1913 (VI of 1913)), any trustee of the trust;
(d) where the person is a Provincial Government, or 1[Local Government] in Pakistan, any individual
responsible for accounting for the receipt and payment of moneys or funds on behalf of the
Provincial Government or 1[Local Government];
(e) where the person is an association of persons, the principal officer of the association or, in the case
of a firm, any partner in the firm;
(f) where the person is the Federal Government, any individual responsible for accounting for the
receipt and payment of moneys or funds on behalf of the Federal Government; or
(g) where the person is a public international organization, or a foreign government or political sub
Division of a foreign government, any individual responsible for
1 Subs., for the words “local authority” by the Finance Act, 2008, s.18(34).
243
accounting for the receipt and payment of moneys or funds in Pakistan on behalf of the
organization, government, or political subDivision of the government.
(2) Where the Court of Wards, the Administrator General, the Official Trustee, or any receiver or manager
appointed by, or under, any order of a Court receives or is entitled to receive income on behalf, or for the
benefit of any person, such Court of Wards, Administrator General, Official Trustee, receiver, or manager
shall be the representative of the person for a tax year for the purposes of this Ordinance.
(3) Subject to subsections (4) and (5), where a person is a nonresident person, the representative of the
person for the purposes of this Ordinance for a tax year shall be any person in Pakistan –
(a) who is employed by, or on behalf of, the nonresident person;
(b) who has any business connection with the nonresident person 1[:]
2[Explanation.—In this clause the expression “business connection” includes transfer of an asset
or business in Pakistan by a nonresident;]
(c) from or through whom the nonresident person is in receipt of any income, whether directly or
indirectly;
(d) who holds, or controls the receipt or disposal of any money belonging to the nonresident person;
(e) who is the trustee of the nonresident person; or
(f) who is declared by the Commissioner by 3[an order] in writing to be the representative of the non
resident person.
1 Subs., for the semicolon by the Finance Act, 2013, s. 7(33).
2 Explanation added ibid, s. 7(33).
3 Subs., for the word “notice” by the Finance Act, 2003, s. 12(88)(a).
244
(4) A bona fide independent broker in Pakistan who, in respect of any transactions, does not deal directly
with, or on behalf of, a nonresident principal but deals with, or through a nonresident broker, shall not be
treated as a representative of the nonresident principal in respect of such transactions, if –
(a) the transactions are carried on in the ordinary course of business through the firstmentioned
broker; and
(b) the nonresident broker is carrying on such transactions in the ordinary course of its business and
not as a principal.
(5) No person shall be declared 1[**] as the representative of a nonresident person unless the person has
been given an opportunity by the Commissioner of being heard.
173. Liability and obligations of representatives. — (1) Every representative of a person shall be
responsible for performing any duties or obligations imposed by or under this Ordinance on the person,
including the payment of tax.
(2) Subject to subsection (4), any tax that, by virtue of subsection (1), is payable by a representative of a
taxpayer shall be recoverable from the representative only to the extent of any assets of the taxpayer that are
in the possession or under the control of the representative.
(3) Every representative of a taxpayer who pays any tax owing by the taxpayer shall be entitled to recover
the amount so paid from the taxpayer or to retain the amount so paid out of any moneys of the taxpayer that
are in the representative‘s possession or under the representative’s control.
2[(3A) Any representative, or any person who apprehends that he may be assessed as a representative,
may retain out of any money payable by him to the person on whose behalf he is liable to pay tax (hereinafter
in this section referred to as the “principal”), a sum equal to his estimated liability under this Ordinance, and
in the event of disagreement between the principal and such a representative or a person as to the amount to
be so retained, such representative or person may obtain from the Commissioner a certificate
stating the amount to be so retained pending final determination of the tax liability, and the certificate so
obtained shall be his authority for retaining that amount.]
(4) Every representative shall be personally liable for the payment of any tax due by the representative in
a representative capacity if, while the amount remains unpaid, the representative –
(a) alienates, charges or disposes of any moneys received or accrued in respect of which the tax is
payable; or
(b) disposes of or parts with any moneys or funds belonging to the taxpayer that is in the possession of
the representative or which comes to the representative after the tax is payable, if such tax could
legally have been paid from or out of such moneys or funds.
(5) Nothing in this section shall relieve any person from performing any duties imposed by or under this
Ordinance on the person which the representative of the person has failed to perform.
1 The words “or treated” omitted by the Finance Act, 2003, s.12(88)(b).
2 Subsection (3A) ins., ibid, s.12(89).
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PART VIII
RECORDS, INFORMATION COLLECTION AND AUDIT
174. Records.— (1) Unless otherwise authorised by the Commissioner, every taxpayer shall maintain in
Pakistan such accounts, documents and records as may be prescribed.
(2) The Commissioner may disallow 1[or reduce] a taxpayer’s claim for a deduction if the taxpayer is
unable, without reasonable 2[cause], to provide a receipt, or other record or evidence of the transaction or
circumstances giving rise to the claim for the deduction.
(3) The accounts and documents required to be maintained under this section shall be maintained for
3[six] years after the end of the tax year to which they relate 4[:]
5[Provided that where any proceeding is pending before any authority or court the taxpayer
shall maintain the record till final decision of the proceedings.
6[(4) For the purpose of this section, the expression “deduction” means any amount debited to trading
account, manufacturing account, receipts and expenses account or profit and loss account.]
7[(5) The Commissioner may require any person to install and use an Electronic Tax Register of such type
and description as may be prescribed
1 Ins by the Finance Act, 2003, s.12(90)(a)(i).
2 Subs., for the word “excuse” ibid, s.12(90)(a)(ii).
3 Subs., for the word “five” by the Finance Act, 2010, s.8(37)(a).
4 Subs., for the full stop, ibid, s.8(37)(b).
5 Proviso and Explanation added ibid, s.8(37)(b).
6 Subsection (4) added by the Finance Act, 2003, s.12(90)(b).
7 Subsection (5) added by the Finance Act, 2008, s.18(24).
246
for the purpose of storing and accessing information regarding any transaction that has a bearing on the
tax liability of such person.]
175. Power to enter and search premises.— (1) In order to enforce any provision of this Ordinance
(including for the purpose of making an audit of a taxpayer or a survey of persons liable to tax), the
Commissioner or any officer authorized in writing by the Commissioner for the purposes of this section –
(a) shall, at all times and without prior notice, have full and free access to any premises, place,
accounts, documents or computer;
(b) may stamp, or make an extract or copy of any accounts, documents or computerstored
information to which access is obtained under clause (a);
(c) may impound any accounts or documents and retain them for so long as may be necessary for
examination or for the purposes of prosecution;
(d) may, where a hard copy or computer disk of information stored on a computer is not made
available, impound and retain the computer for as long as is necessary to copy the information
required; and
(e) may make an inventory of any articles found in any premises or place to which access is obtained
under clause (a).
1[(2) The Commissioner may authorize any valuer or expert to enter any premises and perform any task
assigned to him by the Commissioner.]
(3) The occupier of any premises or place to which access is sought under subsection (1) shall provide all
reasonable facilities and assistance for the effective exercise of the right of access.
(4) Any accounts, documents or computer impounded and retained under subsection (1) shall be signed
for by the Commissioner or an authorized officer.
1 Subsection (2) subs by the Finance Act, 2003, s.12(91).
247
(5) A person whose accounts, documents or computer have been impounded and retained under sub
section (1) may examine them and make extracts or copies from them during regular office hours under such
supervision as the Commissioner may determine.
(6) Where any accounts, documents or computer impounded and retained under subsection (1) are lost or
destroyed while in the possession of the Commissioner, the Commissioner shall make reasonable
compensation to the owner of the accounts, documents or computer for the loss or destruction.
(7) This section shall have effect notwithstanding any rule of law relating to privilege or the public interest
in relation to access to premises or places, or the production of accounts, documents or computerstored
information.
(8) In this section, “occupier” in relation to any premises or place, means the owner, manager or any other
responsible person on the premises or place.
176. Notice to obtain information or evidence.— (1) The Commissioner may, by notice in writing,
require any person, whether or not liable for tax under this Ordinance –
1[(a) to furnish to the Commissioner or an authorized officer, any information relevant to any tax
leviable under this Ordinance as specified in this Ordinance or to fulfill any obligation under any
agreement with foreign government or governments or tax jurisdiction, as specified in the office;
or]
(b) to attend at the time and place designated in the notice for the purpose of being examined on oath
by the Commissioner or an authorized officer concerning the tax affairs of that person or any other
person and, for that purpose, the Commissioner or authorized officer may require the person
examined to produce any accounts, documents, or computerstored information in the control of
the person 2[; or”]
1[(c) the firm of chartered accountants, as appointed by the
1 Subs by the Finance Act, 2015, s.9(42)(a).
2 Subs and added by the Finance Act, 2009, s.5(37).
248
1[Board or the Commissioner], to conduct audit under section 177, for any tax year, may with
the prior approval of the Commissioner concerned, enter the business premises of a taxpayer,
2[***] to obtain any information, require production of any record, on which the required
information is stored and examine it within such premises; and such firm may if specifically
delegated by the Commissioner, also exercise the powers as provided in sub section (4).]
3[(1A) A special audit paned appointed under subsection (11) of section 177, for any tax year, may with
the prior approval of the Commissioner concerned, enter the business of any taxpayer, to obtain any
information, require production of any record, on which the required information is stored and examine it
within such premises and such panel may if specifically delegated by the Commissioner, also exercise the
powers as provided in subsection (4).”]
(2) The Commissioner may impound any accounts or documents produced under subsection (1) and
retain them for so long as may be necessary for examination or for the purposes of prosecution.
(3) 4[The person from whom information is required, may at his option, furnish the same electronically in
any computer readable media.] Where a hard copy or computer disk of information stored on a computer is
not made available as required under subsection (1), the Commissioner may require production of the
computer on which the information is stored, and impound and retain the computer for as long as is necessary
to copy the information required.
(4) For the purposes of this section, the Commissioner shall have the same powers as are vested in a Court
under the Code of Civil Procedure, 1908 (Act V of 1908), in respect of the following matters, namely: —
(a) enforcing the attendance of any person and examining the person on oath or affirmation;
1 Subs., for the word & comma “Board,” by the Finance Act, 2010, s.8(38).
2 The words “selected for audit” omitted by the finance Act, 2012, s.15(41).
3 Subsection 1A) added by the Finance Act, 2015, s.9(42)(b).
4 The words, comma and full stop inserted by the Finance Act, 2005, s.8(31)(b).
249
(b) compelling the production of any accounts, records, computer stored information, or computer;
(c) receiving evidence on affidavit; or
(d) issuing commissions for the examination of witnesses.
(5) This section shall have effect notwithstanding any 1[law or rules] relating to privilege or the public
interest in relation to the production of accounts, documents, or computerstored information or the giving of
information.
2[177. Audit.— 3[(1) The Commissioner may call for any record or documents including books
of accounts maintained under this Ordinance or any there law for the time being in force for conducting audit
of the income tax affairs of the person and where such record or documents have been kept on electronic
data, the person shall allow access to the Commissioner or the officer authorized by the Commissioner for use
of machine and software on which such data is kept and the Commissioner or the officer may have
access to the required information and data and duly attested hard copies of such information or data for
the purpose of investigation and proceedings under this Ordinance in respect of such person or any other
person:
Provided that—
(a) the Commissioner may, after recording reasons in writing call for record or documents
including books of accounts of the taxpayer; and
(b) the reasons shall be communicated to the taxpayer while calling record or documents including
books of accounts of the taxpayer:
Provided further that the Commissioner shall not call for record or documents of the taxpayer after expiry
of six years from the end of the tax year to which they relate.]
1 Subs., for the words “rule of law” by the Finance Act, 2011, s.6(25).
2 Section 177 subs., by the Finance Act, 2004, s.6(34).
3 Subs by the Finance Act, 2010, s.8(39)(a).
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1[(2) After obtaining the record of a person under subsection (1) or where necessary record is not
maintained, the Commissioner shall conduct an audit of the income tax affairs (including examination of
accounts and records, enquiry into expenditure, assets and liabilities) of that person or any other person and
may call for such other information and documents as he may deem appropriate.]
2[(3) to (5) * * * * * * * *
(6) After completion of the audit 3[***], the Commissioner may, if considered necessary, after obtaining
taxpayer’s explanation on all the issues raised in the audit, amend the assessment under subsection (1) or sub
section (4) of section 122, as the case may be.
(7) The fact that a person has been audited in a year shall not preclude the person from being audited
again in the next and following years where there are reasonable grounds for such audits 4[***].
(8) The 5[Board] may appoint a firm of Chartered Accountants as defined under the Chartered
Accountants Ordinance, 1961 (X of 1961) 6[or a firm of Cost and Management Accountants as defined under
the Cost and Management Accountants Act, 1966 (XIV of 1966)], or a firm of Cost and Management
Accountants as defined under the Cost and Management Accountants Act, 1966 (XIV of 1966) to
conduct an audit of the income tax affairs of any person 7[or classes of persons 8[***] ] and the scope of such
audit shall be as determined by the 9[Board] 10[or the Commissioner] on a case to case basis.
(9) Any person employed by a firm referred to in subsection (8) may be authorized by the Commissioner,
in writing, to exercise the powers in sections 175 and 176 for the purposes of conducting an audit under that
subsection.]
1 Subsection (2) subs., by the Finance Act, 2010, s.8(39)(b).
2 Subsections (3), (4) and (5) omitted ibid, s.8(39)(c ).
3 Omitted ibid, s.39(d).
4 Omitted ibid, s.8(39)(e).
5 Subs., by the Finance Act, 2007, s.20(1)(d)(IB).
6 Ins by the Finance Act, 2010, s.8(39)(f)(iii).
7 Ins by the Finance Act, 2009, s.5(38)(d)(i).
8 Omitted by the Finance Act, 2010, s.8(39)(f)(i).
9 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
10 Ins by the Finance Act, 2010, s.8(39)(f)(ii).
251
1[(10) Notwithstanding anything contained in subsections (2) and (6) where a person fails to produce
before the Commissioner or a firm of Chartered Accountants or a firm of Cost and Management Accountants
appointed by the Board or the Commissioner under subsection (8) to conduct an audit, any accounts,
documents and records, required to be maintained under section 174 or any other relevant document,
electronically kept record, electronic machine or any other evidence that may be required by the
Commissioner or the firm of Chartered Accountants or the firm of Cost and Management Accountants for the
purpose of audit or determination of income and tax due thereon, the Commissioner may proceed to make
best judgment assessment under section 121 of this Ordinance and the assessment treated to have been
made on the basis of return or revised return filed by the taxpayer shall be of no legal effect.]
2[Explanation.— For the removal of doubt, it is declared that the powers of the Commissioner under this
section are independent of the powers of the Board under section 214C and nothing contained in section 214C
restricts the powers of the Commissioner to call for the record or documents including books of accounts of a
taxpayer for audit and to conduct audit under this section.]
3[(11) The Board may appoint as many special audit panels as may be necessary, comprising two or more
members from the following:
(a) an officer or officers of Inland Revenue;
(b) a firm of chartered accountants as defined under the Chartered Accountants Ordinance, 1961 (X
of 1961);
(c) a firm of cost and management accountants as defined under the Cost and Management
Accountants Act, 1966 (XIV of 1966); or
(d) any other person as directed by the Board,
to conduct an audit, including a forensic audit, of the income tax affairs of
1 Added by the Finance Act, 2010, s.8(39)(g).
2 Added by the Finance Act, 2015, s.9(43)(w.e.f. 01.07.2015).
3 Added by the Finance Act, 2013, s.7(34).
252
any person or classes of persons and the scope of such audit shall be as determined by the Board or the
Commissioner on casestocase basis.
(12) Special audit panel under subsection (1) shall be headed by a Chairman who shall be an officer of
Inland Revenue.
(13) Powers under sections 175 and 176 for the purposes of conducting an audit under subsection (11),
shall only be exercised by an officer or officers of Inland Revenue, who are member or members of the
special audit panel, and authorized by the Commissioner.
(14) Notwithstanding anything contained in subsections (2) and (6), where a person fails to produce
before the Commissioner or a special audit panel under subsection (11) to conduct an audit, any accounts,
documents and records, required to be maintained under section 174 or any other relevant document,
electronically kept record, electronic machine or any other evidence that may be required by the
Commissioner or the panel, the Commissioner may proceed to make best judgment assessment under section
121and the assessment treated to have been made on the basis of return or revised return filed by the taxpayer
shall be of no legal effect.
(15) If any one member of the special audit panel, other than the Chairman, is absent from conducting an
audit, the proceedings of the audit shall continue, and the audit conducted by the special audit panel shall not
be invalid or be called in question merely on the ground of such absence.
(16) Functions performed by an officer or officers of Inland Revenue as members of the special audit
panel, for conducting audit, shall be treated to have been performed by special audit panel.
(17) The Board may prescribe the mode and manner of constitution, procedure and working of the special
audit panel.]
178. Assistance to Commissioner.— Every Officer of Customs, 1[***] Provincial Excise and Taxation,
District Coordination Officer, District Officers including District Officer – Revenue, the Police and the Civil
Armed Forces is empowered and required to assist the Commissioner in the discharge of the Commissioner‘s
functions under this Ordinance.
179. Accounts, documents, records and computerstored information not in Urdu or English
language.— Where any account, document, record or computerstored information referred to in section 174,
175 or 176 is not in the Urdu or English language, the Commissioner may, by notice in writing, require the
person keeping the account, document, record or computerstored information to provide, at the
person's expense, a translation into the Urdu or English language by a translator approved by the
Commissioner for this purpose.
180. Power to collect information regarding exempt income.— The 2[Board] may, by notification in
the official Gazette, authorize any department or agency of the Government to collect and compile any data in
respect of incomes from industrial and commercial undertakings exempt from tax under this Ordinance.
1 The words and commas “[Federal] Excise [, Sales Tax],”omitted by the Finance Act, 2013, s.7(35).
2 Subs by the Finance Act, 2007, s.20 (1)(d)(IB).
253
1[PART IX
TAXPAYER’S REGISTRATION
181. Taxpayer’s registration.— (1) Every taxpayer shall apply in the prescribed form and in the
prescribed manner for registration.
(2) The Commissioner having jurisdiction over a case, where necessitated by the facts of the case,
may also register a taxpayer in the prescribed manner.
(3) Taxpayer’s registration scheme shall be regulated through the rules to be notified by the Board 2[.]
3[* * * * * * *]
4[(4) From tax year 2015 and onwards, in case of individuals having Computerized National Identity Card
(CNIC) issued by the National Database and Registration Authority, CNIC shall be used as National Tax
Number.]
5[181A. Active taxpayer’s list.— (1) The Board shall have the power to institute active taxpayer’s list.
(2) Active taxpayer’s list shall be regulated as may be prescribed.]
6[181AA. Compulsory registration in certain cases. (1) Notwithstanding anything contained in any
law, for the time being in force, any application for commercial or industrial connection of electricity or
natural gas, shall not be processed and such connection shall not be provided unless the person applying for
electricity or gas connection is registered under section 181.]
7[181B. Taxpayer card.— Subject to this Ordinance, the Board may make a scheme for introduction of a
taxpayer honour card for individual taxpayers, who fulfill a minimum criteria to be eligible for the
benefits as contained in the scheme.]
8[181C.
Displaying of National Tax Number.— Every person deriving income from business
chargeable to tax, who has been issued a National Tax Number, shall display his National Tax Number at a
conspicuous place at every place of his business.]
1 Subs by the Finance Act, 2008, s.18(25).
2 Subs by the Finance Act, 2015, s.9(44) (w.e.f. 01.07.2015).
3 Proviso omitted ibid, s.9(44).
4 Subsection (4) added ibid, s.9(44).
5 Section (181A) ins., by the Finance Act, 2010, s.8(40)
6 Section (181AA) ins., by the Finance Act, 2014, s.7(32).
7 Section (181B) added by the Finance Act, 2012, s.15(42).
8 Section (181C) added by the Finance Act, 2013, s.7(37).
254
PART X
PENALTY
1[182. Offences and penalties.— (1) Any person who commits any offence specified in column (2) of
the Table below shall, in addition to and not in derogation of any punishment to which he may be liable
under this Ordinance or any other law, be liable to the penalty mentioned against that offence in column (3)
thereof:—
TABLE
.
Ordinance to which
offence has reference
1 Subs by the Finance Act, 2010, s.8(41).
2 Subs by the Finance Act, 2013, s.7(38)(a)(i).
3 Subs ibid, s.7(38)(a)(ii).
4 Subs by the Finance Act, 2011, s.6(26)(a).
5 Subs by the Finance Act, 2013, s.7(38)(a)(iii).
255
1[Explanation.—For the purposes
of this entry, it is declared that the
expression “”tax payable” means
tax chargeable on the taxable
income on the basis of assessment
made or treated to have been made
under section 120, 121, 122 or
122C.]
1 Ins by the Finance Act, 2011, s.6(26)(a).
2 Ins by the Finance Act, 2013, s.7(38)(b).
3 Subs by the Finance Act, 2015, s.9(45)(a).
4 Subs ibid, s.9(45)(b).
256
4. Any person who fails to Such person shall pay a penalty of 181
notify the changes of five thousand rupees.
material nature in the
particulars of registration.
1 Ins by the Finance Act, 2011, s.6(26)(b).
257
6. Any person who repeats Such person shall pay a penalty of 137
erroneous calculation in the five thousand rupees or three per
return for more than one cent of the amount of the tax
year whereby amount of tax involved, whichever is higher.
less than the actual tax
payable under this
Ordinance is paid.
8. Where a taxpayer who, 177
without any reasonable
cause, in noncompliance
with provisions of section
177—
(a) fails to produce
the record of
documents on receipt of
first notice
Such person shall pay a penalty of
(b) fails to produce 1[twentyfive] thousand rupees;
the record or
documents on receipt of
second notice; and
such person shall pay a penalty of
(c) Fails to produce the 2[fifty] thousand rupees; and
record or documents on
receipt of third notice.
such person shall pay a penalty of
3[one hundred] thousand rupees.
1 Subs for the word “five” by the Finance Act, 2013, s.7(38)(c)(i).
2 Subs for the word “ten” ibid, s.7(38)(c)(ii).
3 Subs for the word “fifty” by the Finance Act, 2013, s.7(38)(c)(iii).
258
9. Any person who fails to Such person shall pay a penalty of 176
furnish the information 1[twentyfive] thousand rupees for
required or to comply with the first default and 2[fifty]
any other term of the thousand rupees for each
notice served under subsequent default.
section 176.
10. Any person who—
(a) makes a false or Such person shall pay a penalty of
misleading statement to an twenty five thousand rupees
Inland Revenue Authority or 100% of the amount of tax
either in writing or orally or shortfall whichever is higher:
114, 115, 116, 174,176,
electronically including a
177 and general
statement in an application,
certificate, declaration,
Provided that in case of an
notification, return,
assessment order deemed under
objection or other document
section 120, no penalty shall be
including books of accounts
imposed to the extent of the tax
made, prepared, given,
shortfall occurring as a result of the
filed or furnished under this
taxpayer taking a reasonably
Ordinance;
arguable position on the application
of this Ordinance to the taxpayer’s
position.
(b) furnishes or files a
false or misleading
information or document or
statement to an Income Tax
Authority either in writing
or orally or electronically;
(c) omits from a
statement made or
information furnished to an
Income Tax Authority any
matter or thing without
which the Statement or the
information is false or
misleading in a material
particular.
1 Subs for the word “five” ibid, s.7(38)(d)(i).
2 Subs for the word “ten” ibid, s.7(38)(d)(ii).
259
11. Any person who denies or Such person shall pay a penalty of 175 and 177
obstructs the access of the
Commissioner or any twenty five thousand rupees or one
officer authorized by the
hundred per cent of the amount of
Commissioner to the
tax involved, whichever, is higher.
premises, place, accounts,
documents, computers or
stocks.
260
1[16. Any person who fails to Such person shall pay a penalty of
display his NTN at the five thousand rupees.
place of business as
required under this
Ordinance or the rules made
thereunder.
(2) The penalties specified under subsection (1) shall be applied in a consistent manner and no penalty
shall be payable unless an order in writing is passed by the Commissioner, Commissioner (Appeals) or the
Appellate Tribunal after providing an opportunity of being heard to the person concerned 2[:]
3[Provided that where the taxpayer admits his default he may voluntarily pay the amount of penalty due
under this section.]
(3) Where a Commissioner (Appeals) or the Appellate Tribunal makes an order under subsection (2), the
Commissioner (Appeals) or the Appellate Tribunal, as the case may be, shall immediately serve a copy of the
order on the Commissioner and thereupon all the provision of this Ordinance relating to the recovery of
penalty shall apply as if the order was made by the Commissioner.
(4) Where in consequence of any order under this Ordinance, the amount of tax in respect of which
any penalty payable under subsection (1) is reduced, the amount of penalty shall be reduced accordingly.]
4[183.
Exemption from penalty and default surcharge.— The Federal Government may, by
notification in the official Gazette, or the Board by an order published in the official Gazette for reasons to be
recorded in writing, exempt any person or class of persons from payment of the whole or part of the penalty
and default surcharge payable under this Ordinance subject to such conditions and limitations as may be
specified in such notification or, as the case may be, order.]
1 S. No. 16 and the entries relating thereto added by the Finance Act, 2013, s.7(38)(e).
2 Subs for the full stop by the Finance Act, 2012, s.15(43).
3 Added by the Finance Act, 2012, s.15(43).
4 Subs by the Finance Act, 2010, s.8(42).
261
1(184)* * * * * * *
3(185) * * * * * * *
3(186) * * * * * * *
3(187) * * * * * * *
3(188) * * * * * * *
3(189) * * * * * * *
3(190) * * * * * * *
1 Clauses (184), (185), (186), (187), (188) and (190) omitted by the Finance Act, 2010, s.8(43).
262
PART XI
OFFENCES AND PROSECUTIONS
191. Prosecution for noncompliance with certain statutory obligations. —(1) Any person who,
without reasonable excuse, fails to —
1[(a) comply with a notice under subsection (3) of section 114 or subsection (1) of section 116;]
(b) pay advance tax as required under section 147;
(c) comply with the obligation under Part V of this Chapter to collect or deduct tax and pay the tax to
the Commissioner;
(d) comply with a notice served under section 140 or 176;
(e) comply with the requirements of 2[subsection (3) or sub section (4) of] section 141; or
(f) provide reasonable facilities and assistance as required under subsection (3) of section 175,
shall commit an offence punishable on conviction with a fine or imprisonment for a term not exceeding one
year, or both.
(2) If a person convicted of an offence under clause (a) of subsection (1) fails, without reasonable
excuse, to furnish the return of income or wealth statement to which the offence relates within the period
specified by the Court, the person shall commit a further offence punishable on conviction with a fine 3[not
exceeding fifty thousand rupees] or imprisonment for a term not exceeding two years, or both.
192. Prosecution for false statement in verification. — Any person who makes a statement in any
verification in any return or other document furnished under this Ordinance which is false and which the
person
1 Subs by the Finance Act, 2003, s.12(100)(a).
2 Ins ibid, s.12(100)(b).
3 Ins by the Finance Act, 2009, s.5(39).
263
knows or believes to be false, or does not believe to be true, the person shall commit an offence punishable
on conviction with a fine 1[upto hundred thousand rupees] or imprisonment for a term not exceeding three
years, or both.
2[192A. Prosecution for concealment of income.— (1) Where, in the course of any proceedings under
this Ordinance, any person has either in the said proceedings or in any earlier proceedings concealed income
or furnished inaccurate particulars of such income and revenue impact of such concealment or furnishing of
inaccurate particulars of such income is five hundred thousand rupees or more shall commit an offence
punishable on conviction with imprisonment upto two years or with fine or both.
(2) For the purposes of subsection (1), concealment of income or the
(a) the suppression of any income or amount chargeable to tax;
(b) the claiming of any deduction for any expenditure not actually incurred; or
(c) any act referred to in subsection (1) of section 111.]
193. Prosecution for failure to maintain records.— A person who fails to maintain records as required
under this Ordinance shall commit an offence punishable on conviction with –
(a) where the failure was deliberate, a fine 3[not exceeding fifty thousand rupees] or imprisonment
for a term not exceeding two years, or both; or
(b) any other case, a fine 4[not exceeding fifty thousand rupees].
194. Prosecution for improper use of National Tax Number 5[Certificate].—A person who
knowingly or recklessly uses a false
1 Ins by the Finance Act, 2009, s.5(40).
2 Ins ibid, s.5(40).
3 Ins ibid, s.5(41).
4 Ins by the Finance Act, 2008, s.18(27).
5 Subs by the Finance Act, 2005, s.8(34).
264
National Tax Number 1[Certificate] including the National Tax Number 1[Certificate] of another person on a
return or other document prescribed or used for the purposes of this Ordinance shall commit an offence
punishable with a fine 2[not exceeding fifty thousand rupees] or imprisonment for a term not exceeding two
years, or both.
195. Prosecution for making false or misleading statements. — (1) A person who –
(a) makes a statement to 3[an income tax authority] that is false or misleading in a material particular;
or
(b) omits from a statement made to 2[an income tax authority] any matter or thing without
which the statement is misleading in a material particular,
shall commit an offence punishable on conviction –
(i) where the statement or omission was made knowingly or recklessly, with a fine or
imprisonment for a term not exceeding two years, or both; or
(ii) in any other case, with a fine.
(2) A person shall not commit an offence under subsection (1) if the person did not know and could not
reasonably be expected to have known that the statement to which the prosecution relates was false or
misleading.
(3) 4[Entry against S.No. 10 in column (2) of the Table in subsection (1) of section 182] shall apply in
determining whether a person has made a statement to 2[an income tax authority].
196. Prosecution for obstructing [an income tax authority. —] A person who obstructs 2[an income
tax authority] in discharge of functions under this Ordinance shall commit an offence punishable on
conviction
1 Subs by the Finance Act, 2005, s.8(35).
2 Ins by the Finance Act, 2009, s.5(42).
3 Subs by the Finance Act, 2002, s.8(78).
4 Subs by the Finance Act, 2015, s.9(46)(w.e.f. 01.07.2015).
265
with a fine or imprisonment for a term not exceeding one year, or both.
197. Prosecution for disposal of property to prevent attachment. — Where the owner of any
property, or a person acting on the owner’s behalf or claiming under the owner, sells, mortgages, charges,
leases or otherwise deals with the property after the receipt of a notice from the Commissioner with a view to
preventing the Commissioner from attaching it, shall commit an offence punishable on conviction with a fine
1[up to hundred thousand rupees] or imprisonment for a term not exceeding three years, or both.
198. Prosecution for unauthorised disclosure of information by a public servant.— A person who
discloses any particulars in contravention of section 216 shall commit an offence punishable on conviction
with a fine 2[of not less than five hundred thousand rupees] or imprisonment for a term not exceeding 2[one
year], or both.
199. Prosecution for abetment. — Where a person 3[knowingly and willfully] aids, abets, assists, incites
or induces another person to commit an offence under this Ordinance, the firstmentioned person shall commit
an offence punishable on conviction with a fine or imprisonment for a term not exceeding three years, or both.
200. Offences by companies and associations of persons. — (1) Where an offence under this Part is
committed by a company, every person who, at the time the offence was committed, was –
(a) the principal officer, a director, general manager, company secretary or other similar officer of the
company; or
(b) acting or purporting to act in that capacity,
shall be, notwithstanding anything contained in any other law, guilty of the offence and all the provisions
of this Ordinance shall apply accordingly.
(2) Where an offence under this Part is committed by an association of persons, every person who, at
the time the offence was committed, was a member of the association shall be, notwithstanding
1 Ins by the Finance Act, 2009, s.5(43).
2 Ins by the Finance Act, 2013, s.7(39).
3 Ins by the Finance Act, 2003, s.12(102).
266
anything contained in any other law, guilty of the offence and all the provisions of this Ordinance shall apply
accordingly.
(3) Subsections (1) and (2) shall not apply to a person where –
(a) the offence was committed without the person’s consent or knowledge; and
(b) the person has exercised all diligence to prevent the commission of the offence as ought
to have been exercised having regard to the nature of the person’s functions and all the
circumstances.
201. Institution of prosecution proceedings without prejudice to other action. — Notwithstanding
anything contained in any law for the time being in force, a prosecution for an offence against this Ordinance
may be instituted without prejudice to any other liability incurred by any person under this Ordinance.
1[202. Power to compound offences. — Notwithstanding any provisions of this Ordinance, where any
person has committed any offence, the 2[Chief Commissioner] may, with the prior approval of the Board,
either before or after the institution of proceedings, compound such offence subject to payment of tax due
along with 3[default surcharge] and penalty as is determined under the provisions of this Ordinance.]
203. Trial by Special Judge.— 4[(1) The Federal Government may, by notification in the official
Gazette, appoint as many Special Judges as it may consider necessary, and where it appoints more than one
Special Judge, it shall specify in the notification the territorial limits within which each of them shall exercise
jurisdiction 5[:
Provided that the Federal Government may, by notification in official Gazette, declare that a special judge
appointed under section 185 of the Customs Act 1969 (IV of 1969) shall have jurisdiction to try offences
under this Ordinance.]
1 Subs by the Finance Act, 2009, s.5(44).
2 Subs by the Finance Act, 2012, s.15(44).
3 Subs by the Finance Act, 2010, s.8(44).
4 Subs ibid, s.8(45)(a).
5 Subs for the word full stop and added by the Finance act, 2014, s.7(33).
267
1[(1A) A Special Judge shall be a person who is or has been a Sessions Judge and shall, on appointment,
have the jurisdiction to try exclusively an offence punishable under this Part other than an offence referred to
in section 198.
(1B) The provisions of the Code of Criminal Procedure, 1898 (Act V of 1898), except those of Chapter
XXXVIII, thereof shall apply to the proceedings of the court of a Special Judge and, for the purposes of the
said provisions, the court of Special Judge shall be deemed to be a Court of Sessions trying cases, and a person
conducting prosecution before the court of a Special Judge shall be deemed to be a Public Prosecutor.]
(2) A Special Judge shall take cognizance of, and have jurisdiction to try, an offence triable under sub
section (1) only upon a complaint in writing made by the Commissioner.
2[(3) The Federal Government may, by order in writing, direct the transfer, at any stage of the trial, of
any case from the court of one Special Judge to the court of another Special Judge for disposal, whenever it
appears to the Federal Government that such transfer shall promote the ends of justice or tend to the general
convenience of parties or witnesses.
(4) In respect of a case transferred to a Special Judge by virtue of sub section (1) or under subsection
(3), such Judge shall not, by reason of the said transfer, be bound to recall and record again any witness
who has given evidence in the case before the transfer and may act on the evidence already recorded by or
produced before the court which tried the case before the transfer.]
3[203A. Appeal against the order of a Special Judge.— An appeal against the order of a Special Judge
shall lie to the respective High Court of a Province within thirty days of the passing of the order and it shall be
heard as an appeal under the Code of Criminal Procedure 1898 (Act V of 1898) by a single Judge of the High
Court.]
204. Power to tender immunity from prosecution.— (1) The Federal Government may, for the
purpose of obtaining the evidence of any person appearing to have been directly or indirectly concerned in,
or privy
to the concealment of income or to the evasion of tax, tender to such person immunity from prosecution for
any offence under this Ordinance or under the Pakistan Penal Code (Act XLV of 1860), or under any other
Federal Law on condition of the person making full and true disclosure of the whole circumstances relating to
the concealment of income or evasion of tax.
(2) A tender of immunity made to, and accepted by, the person concerned shall render the person
immune from prosecution for any offence in respect of which the tender was made and to the extent
specified in the immunity.
1 Subsections (1A) and (1B) ins., by the Finance Act, 2010, s.8(45)(b).
2 Subsections (3) and (4) ins., ibid, s.8(45)(c ).
3 Section (203) ins., ibid, s.8(45)(d).
268
(3) If it appears to the Federal Government that any person to whom immunity has been tendered
under this section has not complied with the conditions on which the tender was made or is concealing
anything or giving false evidence, the Federal Government may withdraw the immunity, and any such person
may be tried for the offence in respect of which the tender of immunity was made or for any other offence of
which the person appears to have been guilty in connection with the same matter.
PART XII
1[DEFAULT SURCHARGE]
205. 1[Default surcharge]. —(1) A person who fails to pay –
2[(a) any tax, excluding the advance tax under section 147 and 1[default surcharge] under this
section;]
(b) any penalty; or
(c) any amount referred to in section 140 or 141,
on or before the due date for payment shall be liable for 1[default surcharge] at a rate equal to 3[4[12] per cent
per annum] on the tax, penalty or other amount unpaid computed for the period commencing on the date on
which the tax, penalty or other amount was due and ending on the date on which it was paid 5[:]
5[Provided that if the person opts to pay the tax due on the basis of an order under section 129 on
or before the due date given in the notice under subsection (2) of section 137 issued in
consequence of the said order, and does not file an appeal under section 131, he shall not be liable
to pay default surcharge for the period beginning from the due date of payment in consequence of
an order appealed against to the date of payment in consequence of notice under subsection (2)
of section 137.]
6[(1A) A person who fails to pay advance tax under section 147 shall be liable for 1[default surcharge] at
a rate equal to 7[18 per cent per annum] on the amount of tax unpaid computed for the period commencing on
the date on which it was due and ending on the date on which it was paid or date on which the return of
income for the relevant tax year was due,
1 Subs by the Finance Act, 2010, s.8(46) and 47(b).
2 Subs by the Finance Act, 2003, s.12(103)(a).
3 Subs by the Finance Act, 2012, s.12(45)(a)(i).
4 Subs by the Finance Act, 2015, s.9(47)(w.e.f. 01.07.2015).
5 Subs and added by the Finance Act, 2012, s.15(45)(ii).
6 Ins by the Finance Act, 2003, s.12(103)(b).
7 Subs by the Finance Act, 2012, s.15(45)(b).
269
whichever is earlier.]
1[(1B) Where, in respect of any tax year, any taxpayer fails to pay tax under subsection 2[(4A), or] (6)
of section 147 or the tax so paid is less than 3[ninety] per cent of the tax chargeable for the relevant tax year,
he shall be liable to pay 4[default surcharge] at the rate of 5[18 per cent per annum] on the amount of tax tax
so chargeable or the amount by which the tax paid by him falls short of the 3[ninety] per cent, as the case may
be; and such 4[default surcharge] shall be calculated from the first day of April in that year to the date on
which assessment is made or the thirtieth day of June of the financial year next following, whichever is the
earlier.]
(2) Any 4[default surcharge] paid by a person under subsection (1) shall be refunded to the extent that
the tax, penalty or other amount to which it relates is held not to be payable.
(3) A person who fails to 6[collect tax, as required under Division II of Part V of this Chapter or
Chapter XII or deduct tax as required under Division III of Part V of this Chapter or Chapter XII or fails to]
pay an amount of tax collected or deducted as required under section 160 on or before the due date for
payment shall be liable for 4[default surcharge] at a rate equal to 5[18 per cent per annum] annum] on the
amount unpaid computed for the period commencing on the date the amount was required to be collected or
deducted and ending on the date on which it was paid to the Commissioner 7[:]
8[Provided that if the person opts to pay the tax due on the basis of an order under section
129 on or before the due date given in the notice under subsection (2) of section 137 issued in
consequence of the said order and does not file an appeal under section 131, he shall not be liable
to pay default surcharge for the period beginning from the date of order under section 161 to the
date of payment.]
9[(4) * * * * * * *]
1 Ins by the Finance Act, 2004, s.6(35)(b).
2 Ins by the Finance Act, 2006, s.17(26)(a).
3 Ins ibid, s.17((26)(b).
4 Subs by the Finance Act, 2010, s.8(47).
5 Subs by the Finance Act, 2012, s.15(45)(c ) and (d)(i).
6 Ins by the Finance Act, 2003, s.12(103)(c ).
7 Subs by the Finance Act, 2012,s.15(45)(d)(ii).
8 Added ibid, s.15(45)(d)(ii).
9 Subsection (4) omitted by the Finance Act, 2003, s.12(103)(d).
270
(5) The Commissioner shall make an assessment of any 1[default surcharge] imposed under this Part in
accordance with the provisions of Part II of this Chapter as if the 2[default surcharge] were tax.
2[205A. Reduction in 2[default surcharge], consequential to reduction in tax or penalty.—Where, in
consequence of any order made under this Ordinance, the amount of tax or penalty in respect of which
[default surcharge] is chargeable under section 205 is reduced, the [default surcharge], if any, levied under the
aforesaid section shall be reduced accordingly.]
PART XIII
CIRCULARS
206. Circulars. — (1) To achieve consistency in the administration of this Ordinance and to provide
guidance to taxpayers and officers of the 3[Board], the 1[Board] may issue Circulars setting out the
Board’s interpretation of this Ordinance.
4[(2) A circular issued by the 1[Board] shall be binding on all Income Tax Authorities and other persons
employed in the execution of the Ordinance, under the control of the said Board other than
Commissioners of Income Tax (Appeals).]
(3) A Circular shall not 5[be] binding on a taxpayer.
6[206A. Advance ruling. — (1) The 1[Board] may, on application in writing by a nonresident taxpayer,
issue to the taxpayer an advance ruling setting out the Commissioner‘s position regarding the application of
this Ordinance to a transaction proposed or entered into by the taxpayer.
1 Subs by the Finance Act, 2010, s.8(47) and (48).
2 Added by the Finance Act,2003, s.12(104).
3 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
4 Subs by the Finance Act, 2006,s.17(27).
5 Ins by the Finance Act, 2002, s.8(80).
6 Section (206A) ins by the Finance Act, 2003, s.12 (105).
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(2) Where the taxpayer has made a full and true disclosure of the nature of all aspects of the transaction
relevant to the ruling and the transaction has proceeded in all material respects as described in the taxpayer’s
application for the ruling, the ruling is 1[binding] on the Commissioner with respect to the application to the
transaction of the law as it stood at the time the ruling was issued.
(3) Where there is any inconsistency between a circular and an advance ruling, priority shall be given to
the terms of the advance ruling 2[:] ]
[Provided that this section shall not apply to a nonresident taxpayer having a permanent
establishment in Pakistan.]
CHAPTER XI
ADMINISTRATION
PART I
GENERAL
3[207. Income tax authorities.— (1) There shall be the following Income Tax authorities for the purposes
of this Ordinance and rules made thereunder, namely:—
(a) Board:
(b) Chief Commissioner Inland Revenue;
(c) Commissioner Inland Revenue;
(d) Commissioner Inland Revenue (Appeal);
(e) Additional Commissioner Inland Revenue;
(f) Deputy Commissioner Inland Revenue;
1 Subs by the Finance Act, 2005, s.8(36).
2 Subs by the Finance Act, 2011, s.6(27).
3 Subs by the Finance Act, 2010, s.8(49).
272
(g) Assistant Commissioner Inland Revenue;
1[(ga) Special audit panel;”]
(h) Inland Revenue Officer;
(i) Inland Revenue Audit Officer;
(j) Superintendent Inland Revenue;
(k) Inspector Inland Revenue; and
(l) Auditor Inland Revenue:
(2) The Board shall examine, supervise and oversee the general administration of this Ordinance.
2[(3) The income tax authorities specified in subsection (1) except in clause (a) shall be subordinate to
the Board.]
3[(3A)
Commissioners Inland Revenue, Additional Commissioners Inland Revenue, Deputy
Commissioners Inland Revenue, Assistant Commissioners Inland Revenue, Inland Revenue Officers, Inland
Revenue Audit Officer, Superintendents Inland Revenue, Auditors Inland Revenue and Inspectors Inland
Revenue, shall be subordinate to the Chief Commissioners Inland Revenue.]
(4) Subject to subsection (5), Additional Commissioners Inland Revenue, Deputy Commissioner
Inland Revenue, Assistant Commissioners Inland Revenue, Inland Revenue Officers, Inland Revenue Audit
Officers, Superintendents Inland Revenue, Auditors Inland Revenue and Inspectors Inland Revenue shall be
subordinate to the Commissioners Inland Revenue.
(4A) Deputy Commissioners Inland Revenue, Assistant Commissioners Inland Revenue, Inland Revenue
Officers, Inland Revenue Audit Officers, Superintendents Inland Revenue, Auditors Inland Revenue and
Inspectors Inland Revenue shall be subordinate to the Additional
1 Ins by the Finance Act, 2015, s.9(48)(w.e.f. 01.07.2015).
2 Subs by the Finance Act, 2012, s.15(46)(a).
3 Ins ibid, s.15(46)(b).
273
Commissioners Inland Revenue.
(5) An officer vested with the powers and functions of Commissioner shall be subordinate to the Chief
Commissioner Inland Revenue.]
1[208.
Appointment of income tax authorities.— 2[(1) The Board may appoint as many Chief
Commissioners Inland Revenue, Commissioners Inland Revenue, Commissioners Inland Revenue (Appeals),
Additional Commissioners Inland Revenue, Deputy Commissioners Inland Revenue, Assistant
Commissioners Inland Revenue, Inland Revenue Officers, Inland Revenue Audit Officers, Superintendents
Inland Revenue, Inspectors Inland Revenue, Auditors Inland Revenue and such other executive or ministerial
officers and staff as may be necessary.]
(2) Subject to such orders or directions as may be issued by the 3[Board], any income tax
authority may appoint any income tax authority subordinate to it and such other executive or ministerial
officers and staff as may be necessary.
(3) All appointments, other than of valuers, chartered accountants or experts, made under this
Ordinance, shall be subject to rules and orders of the Federal Government regulating the terms and conditions
of persons in public services and posts.]
209. Jurisdiction of income tax authorities.— 4[(1) Subject to this Ordinance, the 5[Chief
Commissioners], the Commissioners and the Commissioners (Appeals) shall perform all or such functions and
exercise all or such powers under this Ordinance as may be assigned to them in respect of such persons or
classes of persons or such areas as the 1[Board] may direct 6[:] ]
7[Provided that the Board or the Chief Commissioner, as the case may be, may transfer jurisdiction in
respect of cases or persons from one Commissioner to another.]
1 Sections 208, 209,210,211,212,213,214 and 215 subs by the Finance Act, 2002, s.8(81)
2 Subs by the Finance Act, 2010, s.8(50).
3 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
4 Subs by the Finance Act, 2003, s.12(106)(a).
5 Subs by the Finance Act, 2010 , s.8(51)(a).
6 Subs by the Finance Act, 2011, s.6(28).
7 Ins ibid, s.6(28).
274
(2) The 1[Board] or the 4[Chief Commissioner] may, by an order, confer upon or assign to any 1[officer of
Inland Revenue] all or any of the powers and functions conferred upon or assigned to the Commissioner,
under this Ordinance, in respect of any person or persons or classes of persons or areas 2[as may be specified
in the order].
(3) An order under subsection (2) by the 4[Chief Commissioner] shall be be made only with the approval
of the 1[Board].
(4) The 7[Officer of Inland Revenue] referred to in subsection (2) shall, for the purposes of this
Ordinance, be treated to be the Commissioner.
(5) Within the area assigned to him, the Commissioner shall have jurisdiction, —
(a) in respect of any person carrying on business, if the person’s place of business is within such area,
or where the business is carried on in more than one place, the person’s principal place of business
is within such area; or
(b) in respect of any other person, if the person resides in such area:
(6) Where a question arises as to whether a Commissioner has jurisdiction over a person, the
question shall be decided by the 3[Chief Commissioner] or 1[Chief Commissioners] concerned and, if
they are not in agreement, by the 4[Board].
(7) No person shall call into question the jurisdiction of a Commissioner after that person has furnished a
return of income to the Commissioner or, where the person has not furnished a return of income, after the
time allowed by any notice served on the person for furnishing such return has expired.
(8) Notwithstanding anything contained in this section, every Commissioner shall have all the powers
conferred by, or under, this
1 Subs by the Finance Act, 2010, s.8(51)(b)and (c ).
2 Ins by the Finance Act, 2003, s.12(106)(b).
3 Subs by the Finance Act, 2010, s.8(52).
4 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
275
Ordinance on him in respect of any income arising within the area assigned to him.
1[(8A) The power to confer jurisdiction under this section shall include the power to transfer jurisdiction
from one income tax authority to another.]
(9) Where, in respect of any proceedings under this Ordinance, an income tax authority is succeeded by
another, the succeeding authority may continue the proceedings from the stage it was left by that authority’s
predecessor.]
210. Delegation. — (1) The Commissioner 2[subject to subsection (1A),] may, may, by an order in
writing, delegate to any 3[Officer of Inland Revenue, subordinate to the Commissioner] all or any of the
powers or functions conferred upon or assigned to the Commissioner under this Ordinance, other than the
power of delegation.
4[(1A) The Commissioner shall not delegate the powers of amendment of assessment contained in sub
section (5A) of section 122 to [an officer of Inland Revenue below the rank of Additional Commissioner
Inland Revenue.]
5[(1B) The Commissioner may, by order in writing, delegate to a special audit penal appointed under sub
section (11) of section 177, or to a firm of chartered accountants or a firm of cost and management
accountants appointed by the Board or the Commissioner to conduct an audit of person under section 177, all
or any of the powers or functions to conduct an audit under this ordinance.”]
(2) 6[State] persons, classes of persons or areas falling in the jurisdiction of the Commissioner.
(3) The Commissioner shall have the power to cancel, modify, alter or amend an order under sub
section (1).
1 Subsection (8A) ins., by the Finance Act, 2003.
2 Ins., by the Finance Act, 2004, s.6(36)(a).
3 Subs by the Finance Act, 2010, s.8(53)(a)(b).
4 Added by the Finance Act, 2004, s.6(36)(b).
5 Subs by the Finance Act, 2015, s.9(49)(w.e.f. 01.07.2015)
6 Subs ibid,
276
211. Power or function exercised. — (1) Where, by virtue of an order under section 210, a 1[an officer
of Inland Revenue] 2[“or by a special audit panel appointed under subsection (11) of section 177”]exercises
a power or performs a function of the Commissioner, such power or function shall be treated as having been
exercised or performed by the Commissioner.
(2) The exercise of a power, or the performance of a function, of the Commissioner by a 6[an officer of
Inland Revenue] shall not prevent the exercise of the power, or the performance of the function, by the
Commissioner.]
3[(3) The Board or, with the approval of the Board, an authority appointed under this Ordinance, shall be
competent to exercise all powers conferred upon any authority subordinate to it.]
212. Authority of approval.— The 4[Board] may, by a general or special order, authorize the Regional
Commissioner or the Commissioner to grant approval in any case where such approval is required from the
3[Board] under any provision of this Ordinance.]
213. Guidance to income tax authorities.— In the course of any proceedings under this Ordinance, the
Commissioner or any taxation officer may be assisted, guided or instructed by any income tax authority to
whom he is subordinate or any other person authorized in this behalf by the 3[Board].]
214. Income tax authorities to follow orders of the 3[Board]. — (1) Subject to subsection (2), all
income tax authorities and other persons employed in the execution of this Ordinance shall observe and
follow the orders, instructions and directions issued by the 3[Board].
(2) No orders, instructions or directions shall be given by the 3[Board] that will interfere with the
discretion of the Commissioner (Appeals) in the exercise of his appellate function.]
5[214A. Condonation of time limit. — Where any time or period has
1 Subs by the Finance Act, 2010, s.8(54).
2 Ins., by the Finance Act, 2015, s.9(50)(w.e.f. 01.07.2015).
3 Added by the Finance Act, 2012, s.15(48).
4 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
5 Ins by the Finance Act, 2009, s.5(47).
277
been specified under any of the provisions of the Ordinance or rules made thereunder within which any
application is to be made or any act or thing is to be done, the Board may, in any case or class of cases, permit
such application to be made or such act or thing to be done within such time or period as it may consider
appropriate 1[.]
2[Explanation,— For the purpose of this section, the expression “any act or thing is to be done” includes
any act or thing to be done by the taxpayer or by the authorities specified in section 207.]
Provided that the Board may, by notification in the official Gazette, and subject to such limitations or
conditions as may be specified therein, empower any Commissioner or 3[Chief Commissioner] under this
Ordinance to exercise the powers under this section in any case or class of cases.]
[214B. Power of the Board to call for records. — (1) The Board may, of its own motion, call for and
examine the record of any departmental proceedings under this Ordinance or the rules made thereunder for
the purpose of satisfying itself as to the legality or propriety of any decision or order passed therein and may
pass such order as it may think fit:
Provided that no order imposing or enhancing any tax or penalty than the originally levied
shall be passed unless the person affected by such order has been given an opportunity of showing
cause and of being heard.
(2) No proceedings under this section shall be initiated in a case where an appeal is pending.
(3) No order shall be made under this section after the expiry of three years from the date of original
decision or order.]
4[214C. Selection for audit by the Board.— (1) The Board may select persons or classes of persons for
audit of Income Tax affairs through computer ballot which may be random or parametric as the Board may
deem fit.
1 Subs by the Finance Act, 2012, s.15(49)(a).
2 Ins ibid, s.15(49)(a).
3 Subs by the Finance Act, 2012, s.15(49)(b).
4 Added by the Finance Act, 2010, s.8(55).
278
1[(1A) Notwithstanding anything contained in this Ordinance or any other law, for the time being in force,
the Board shall keep the parameters confidential.]
(2) Audit of Income Tax affairs of persons selected under subsection (1) shall be conducted as per
procedure given in section 177 and all the provisions of the Ordinance, except the first proviso to sub
section (1) of section 177, shall apply accordingly.
(3) For the removal of doubt it is hereby declared that Board shall be deemed always to have had the
power to select any persons or classes of persons for audit of Income Tax affairs.]
2[Explanation.— For the removal of doubt, it is declared that the powers of the Commissioner
under section 177 are independent of the powers of the Board under this section and nothing
contained in this section restricts the powers of the Commissioner to call for the record or
documents including books of accounts of a taxpayer for audit and to conduct audit under section
177.]
3[214D. Automatic selection for audit. —(1) A person shall be automatically selected for audit of its
income tax affairs for a tax year, if
(a) the return is not filed within the date it is required to be filed as specified in section 118, or, as the
case may be, not filed within the time extended by the Board under section 214A or further
extended for a period not exceeding thirty days by the Commissioner under section 119; or
(b) the tax payable under subsection (1) of section 137 has not been paid.
(2) Audit of income tax affairs of persons automatically selected under subsection (1) shall be conducted
as per procedure given in section 177 and all the provisions of this Ordinance shall apply accordingly.
1 Added by the Finance Act, 2013, s.7(40)(a).
2 Added by the Finance Act, 2013, s.(40)(b).
3 Ins by the Finance Act, 2015, s. 9(51)(w.e.f. 01.07.2015).
279
Provided that audit proceedings shall only be initiated after the expiry of ninety days from the date as
mentioned in subsection (1).
(3) Subject to section 182, 205 and 214C, subsection (1) shall not apply if the person files the return
within ninety days from the date as mentioned in subsection (1) and
(a) twentyfive percent higher tax, than the tax paid during immediately preceding tax year, has been
paid by a person on the basis of taxable income and had declared taxable income in the return for
immediately preceding tax year; or
(b) tax at the rate of two percent of the turnover or the tax payable under Part 1 of the First Schedule,
whichever is higher, has been paid by a person alongwith the return and in the immediately
preceding tax year has either not filed a return or had declared income below taxable limit:
Provided that where return has been filed for the immediately preceding tax year, turnover
declared for the tax year is not less than the turnover declared for the immediately preceding tax
year.
(4) The provisions of subsection (1) and sections 177 and 214C shall not apply, for a tax year, to a person
registered as retailer under rule (4) of the Sales Tax Special Procedure Rules, 2007 subject to the condition
that name of the person registered under rule (4) of the Sales Tax Special Procedure Rules, 2007 remained on
the sales tax active taxpayers’ list throughout the tax year.
(5) Subsection (4) shall have effect from the date as the Board may, by notification in the official Gazette,
appoint.]
215. Furnishing of returns, documents etc. — (1) Where, by virtue of an order under section 210, the
Commissioner has delegated to any 1[an officer of Inland Revenue] the function and power to receive, or to
call for and receive, any returns of income, certificates, documents, accounts and
1 Subs by the Finance Act, 2010, s.8(56)(a).
280
statements from any person or persons or class of persons (hereinafter called ‗filer‘), the filer shall furnish
such returns, certificates, documents, accounts and statements to that 2[officer of Inland Revenue] and, when
furnished, shall be treated as having been furnished to the Commissioner.
(2) where a person is allowed, under any provision of this Ordinance, to make an application to the
Commissioner and the Commissioner has delegated to any 1[officer of Inland Revenue] the function or
power to receive the application, such application, when made, shall be treated as having been made to the
Commissioner.]
216. 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;
(b) any evidence given, or affidavit or deposition made, in the course of any proceedings under this
Ordinance, other than proceedings under Part XI of Chapter X; or
(c) any record of any assessment proceedings or any proceeding relating to the recovery of a demand,
shall be confidential and no public servant save as provided in this Ordinance may disclose any such
particulars.
(2) Notwithstanding anything contained in the Qanune2[Shahadat], 1984 (P.O. Order No. 10 of
1984), or any other law for the time being in force, no court or other authority shall be, save as provided in
this Ordinance, 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 proceedings 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 subsection (1) shall preclude the disclosure of any such particulars –
1 Subs ibid, s.8(56)(b).
2 Subs by the Finance Act, 2005, s.8(37)(i).
281
(a) 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;
(b) to any person authorized by the Commissioner in this behalf, where it is necessary to disclose the
same to such person for the purposes of processing of data and preparation of computer
printouts relating to returns of income or calculation of tax;
(c) 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;
(d) to the AuditorGeneral of Pakistan for the purpose of enabling the AuditorGeneral to discharge
his functions under the Constitution;
(e) to any officer appointed by the AuditorGeneral of Pakistan or the Commissioner to audit income
tax receipts or refunds;
(f ) to any officer of the Federal Government or a Provincial Government authorized by such
Government in this behalf as may be necessary for the purpose of enabling that
Government to levy or realize any tax imposed by it;
(g) to any authority exercising powers under 1[the 2[Federal Excise Act, 2005], ] the Sales Tax Act,
1990, 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 its duty to exercise such powers;
(h) occasioned by the lawful exercise by a public servant of powers under the Stamp Act, 1899
(II of 1899) to impound an insufficiently stamped document;
(i) to the State Bank of Pakistan to enable it to compile financial statistics of international investment
and balance of payment;
(j) as may be required by any order made under subsection (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;
(k) to the Securities and Exchange Commission or the Monopolies Control Authority for the purposes
of the Securities and Exchange Ordinance, 1969 (XVII of 1969), the Monopolies and Restrictive
Trade Practices (Control and Prevention) Ordinance, 1970 (VI of 1970), the Companies
Ordinance, 1984 (XLVII of 1984) or the Securities and Exchange Commission of Pakistan Act,
1997, as the case may be;
(l) relevant to any inquiry into a charge of misconduct in connection with income tax
proceedings against a legal practitioner or an accountant;
1 Subs by the Finance Act, 2002, s.8(82)(a).
2 Subs by the Finance Act, 2005, s.8(37)(ii).
282
(m) to a Civil Court in any suit or proceeding to which the Federal Government or any income tax
authority is a party which relates to any matter arising out of any proceedings under this
Ordinance;
(n) for the purposes of a prosecution for any offence under the Pakistan Penal Code, 1860 (XLVI 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;
(o) 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
Federal Public Service Commission Ordinance, 1977 (XLV of 1977), when exercising its functions
in relation to any matter arising out of such inquiry;
(p) 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;
(q) to an authorized officer of the government of any country outside Pakistan with which the
Government has entered into an agreement under section 107 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
(r) to the Federal Tax Ombudsman appointed under the Establishment of the Office of
Federal Tax Ombudsman Ordinance, 2000 (XXXV of 2000).
(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 giving of evidence by a public servant in respect thereof.
(5) Nothing contained in subsection (1) shall prevent the 1[Board] from publishing, with the prior
approval of the Federal Government, any such particulars as are referred to in that subsection.
(6) Nothing contained in subsection (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 2[National
Accountability Bureau Ordinance, 1999 (XVIII of 1999).]
(7) Any person to whom any information is communicated under this section, and any person or employee
under the firstmentioned person‘s control, shall be, in respect of that information, subject to the same rights,
privileges, obligations, and liabilities as if the person were a public servant and all the provisions of this
Ordinance, so far as may be, shall apply accordingly.
(8) No prosecution may be instituted under this section except with the previous sanction of the 1[Board].
1 Subs by the Finance Act, 2011, s.6(30).
2 Subs by the Finance Act, 2002, s.8(82)(b).
283
217. Forms and notices; authentication of documents. —(1) Forms, notices, returns, statements, tables
and other documents required under this Ordinance may be in such form as determined by the 1[Board] for
the efficient administration of this Ordinance and publication of such documents in the official Gazette shall
not be required.
(2) The Commissioner shall make the documents referred to in sub section (1) available to the public in
the manner prescribed.
(3) A notice or other document issued, served or given by the Commissioner under this Ordinance shall
be sufficiently authenticated if the name or title of the Commissioner, or authorized 1[Officer of Inland
Revenue], is printed, stamped or written on the notice or document 2[or if it is computer generated and bears
the authentication in the manner prescribed by the Board].
218. Service of notices and other documents. (1) Subject to this Ordinance, any notice, order or
requisition required to be served on a resident individual (other than in a representative capacity) for the
purposes of this Ordinance shall be treated as properly served on the individual if –
(a) personally served on the individual or, in the case of an individual under a legal disability or
a nonresident individual, the representative of the individual;
(b) sent by registered post or courier service to the place specified in clause (b) 3[of subsection (2)]
or to the individual’s usual or last known address in Pakistan; or
(c) served on the individual in the manner prescribed for service of a summons under the Code of
Civil Procedure, 1908 (V of 1908).
(2) Subject to this Ordinance, any notice, order or requisition required to be served on any person (other
than a resident individual to whom subsection (1) applies) for the purposes of this Ordinance shall be
1 Subs by the Finance Act, 2010, s.8(57)(a).
2 Added ibid, s.8(57)(b).
3 Ins by the Finance Act, 2003, s.12(107).
284
treated as properly served on the person if –
(a) personally served on the representative of the person;
(b) sent by registered post or courier service to the person‘s registered office or address for service
of notices under this Ordinance in Pakistan, or where the person does not have such office or
address, the notice is sent by registered post to any office or place of business of the person in
Pakistan; or
(c) served on the person in the manner prescribed for service of a summons under the Code of
Civil Procedure, 1908 (V of 1908).
(3) Where an association of persons is dissolved, any notice, order or requisition required to be served
under this Ordinance on the association may be served on any person who was 1[the principal officer or] a
member of the association immediately before such dissolution.
(4) Where section 117 applies, any notice, order or requisition required to be served under this Ordinance
on the person discontinuing the business may be served on the person personally or on any individual who was
the person‘s representative at the time of discontinuance.
(5) The validity of any notice issued under this Ordinance or the validity of any service of a notice under
this Ordinance shall not be called into question after the return to which the notice relates has been furnished
or the notice has been otherwise complied with.
219. Tax or refund to be computed to the nearest Rupee. — In the determination of any amount of tax
or 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 treated as one rupee.
220. Receipts for amounts paid. — The Commissioner shall give a receipt for any tax or other amount
paid or recovered under this Ordinance.
221. Rectification of mistakes. — (1) The Commissioner, the Commissioner (Appeals) or the Appellate
Tribunal may, by an order in writing, amend any order passed by
1 Ins by the Finance Act, 2002, s.8(83).
285
1[him] to rectify any mistake apparent from the record on 2[his or its] own motion or any mistake brought to
1[his or its] notice by a taxpayer or, in the case of the Commissioner (Appeals) or the Appellate
Tribunal, the Commissioner.
3[(1A) The Commissioner may, by an order in writing, amend any order passed under the repealed
Ordinance by the Deputy Commissioner, or an Income Tax Panel, as defined in section 2 of the repealed
Ordinance to rectify any mistake apparent from the record on his own motion or any mistake brought to his
notice by a taxpayer and the provisions of subsection (2), subsection (3) and subsection (4) shall apply in
like manner as these apply to an order under subsection (1).]
(2) No order under subsection (1) which has the effect of increasing an assessment, reducing a refund or
otherwise applying adversely to the taxpayer shall be made unless the taxpayer has been given a reasonable
opportunity of being heard.
(3) Where a mistake apparent on the record is brought to the notice of the Commissioner 4[or]
Commissioner (Appeals) 5[ ], as the case may be, and no order has been made under subsection (1) before
the expiration of the financial year next following the date on which the mistake was brought to their notice,
the mistake shall be treated as rectified and all the provisions of this Ordinance shall have effect accordingly.
(4) No order under subsection (1) may be made after five years from the date of the order sought to be
rectified.
222. Appointment of expert. — The Commissioner may appoint any expert as the Commissioner
considers necessary for the purposes of this Ordinance, including for the purposes of audit or valuation.
223. Appearance by authorised representative. — (1) Any taxpayer who is entitled or required to
attend before the Commissioner, the Commissioner (Appeals) or the Appellate Tribunal in connection with
any
proceeding under this Ordinance may, except when required under section 176 to attend personally, attend by
an authorized representative.
(2) For the purposes of this section and subject to subsection (3), an authorised representative of a
taxpayer shall be a person who is a representative of the person under section 172 and any of the following
persons, namely:–
(a) A relative of the taxpayer;
(b) a current fulltime employee of the taxpayer;
(c) any officer of a scheduled bank with which the taxpayer maintains a current account or has
other regular dealings;
(d) any legal practitioner entitled to practice in any Civil Court in Pakistan;
1 Subs by the Finance Act, 2003, s.8(108)(a)(i).
2 Subs ibid, s.12(108)(a)(i).
3 Ins by the Finance Act, 2003, s.12(108)(b).
4 Subs ibid, s.12(108)(c )(i).
5 Omitted ibid, s.12(108)(c )(ii).
286
(e) any accountant; or
(f) any income tax practitioner.
(3) For the purposes of this section—
(a) no person who has been dismissed or removed from service in the Income Tax Department shall be
entitled to represent a taxpayer under subsection (1);
(b) no person having resigned from service after having been employed in the Income Tax
Department for not less than two years shall be entitled to represent a taxpayer under sub
section (1) for a period of two years from the date of resignation;
(c) no person having retired from service in the Income Tax Department shall be entitled to
represent a taxpayer under subsection (1) for a period of one year from the date of
retirement in any case in which the person had made or approved, as the case may be, any
order of assessment, refund or appeal within one year before the date of retirement; or
(d) no person who has become insolvent shall be entitled to represent a taxpayer under subsection (1)
for so long as the insolvency continues;
(e) no person who has been convicted of an offence in relation to any income tax proceedings under
this Ordinance shall be entitled to represent a taxpayer under subsection (1) for such period as the
Commissioner may, by order in writing, determine.
(4) Where any legal practitioner or accountant is found guilty of misconduct in a professional
capacity by any authority entitled to take disciplinary action against the legal practitioner or accountant, an
order passed by that authority shall have effect in relation to any right to represent a taxpayer under sub
section (1) as it has in relation to the person’s right to practice as a legal practitioner or accountant.
(5) Where any person (other than a person to whom subsection (4) applies) is found guilty of misconduct
in relation to any income tax proceeding, the Commissioner may, by an order in writing, direct that the person
cease to represent a taxpayer under subsection (1) before the Commissioner, Commissioner (Appeals) or
Appellate Tribunal.
(6) The Commissioner shall not make an order under clause (e) of sub section (3) or subsection (5) in
respect of any person, unless the Commissioner has given the person a reasonable opportunity to be heard.
(7) Any person against whom an order under clause (e) of subsection (3) or subsection (5) has been
made may, within thirty days of service of notice of the order, appeal to the 1[Board] to have the order
cancelled.
(8) The 2[Board] may admit an appeal after the expiration of the period specified in subsection (7) if
satisfied that the appellant was prevented by sufficient cause from lodging the appeal within the period.
1 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
2 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
287
(9) No order made under clause (e) of subsection (3) or subsection (5) shall take effect until thirty days
after notice of the order is served on the person or, where an appeal has been lodged under subsection (7),
until the disposal of the appeal.
(11) In this section –
“accountant” means —
(a) a chartered accountant within the meaning of the Chartered Accountants Ordinance, 1961 (X of
1961);
(b) a cost and management accountant within the meaning of the Cost and Management Accountants
Act, 1966 (XIV of 1966); or
(c) a member of any association of accountants recognised for the purposes of this section by the
1[Board]; and
“income tax practitioner” means a person who is registered as such by the 1[Board], being a
person who possesses such qualifications as may be prescribed for the purposes of this section or
who has retired after putting in satisfactory service in the Income Tax Department for a period of
not less than ten years in a post or posts not below that of Income Tax Officer.
224. Proceedings under the Ordinance to be judicial proceedings. — Any proceedings under this
Ordinance before the Commissioner, Commissioner (Appeals) or Appellate Tribunal shall be treated as judicial
proceedings within the meaning of sections 193 and 228 of the Pakistan Penal Code, 1860 (Act XLV of 1860),
and for the purposes of section 196 of the Pakistan Penal Code, 1860 (Act XLV of 1860).
288
226. Computation of limitation period. — In computing the period of limitation, there shall be
excluded –
(a) in the case of an appeal or an application under this Ordinance, the day on which the order
complained of was served and, if the taxpayer was not furnished with a copy of the order when
the notice of the order was served on the taxpayer, the time requisite for obtaining a copy of such
order; and
1[(b) in the case of an assessment or other proceeding under this Ordinance,—
(i) the period, if any, for which such proceedings were stayed by any Court, Appellate
Tribunal or any other authority; or
(ii) the period, if any, for which any proceeding for the tax year remained pending before any
Court, Appellate Tribunal or any other authority.]
227. Bar of suits in Civil Courts.— 2[(1)] No suit or other legal proceeding shall be brought in
any Civil Court against any order made under this Ordinance, and no prosecution, suit or other proceedings
shall be made against any person for anything which is in good faith done or intended to be done under this
Ordinance or any rules or orders made thereunder.
3[(2) Notwithstanding anything contained in any other law for the time being in force, no investigation or
inquiry shall be undertaken or initiated by any governmental agency against any officer or official for anything
done in his official capacity under this Ordinance, rules, instructions or direction made or issued thereunder
without the prior approval of the Board.]
1 Subs by the Finance Act, 2010, s.8(58).
2 Renumbered ibid, s.8(59).
3 Added by the Finance Act, 2010, s.8(59).
289
1[227A. Reward to officers and officials of Inland Revenue.— (1) In cases involving concealment or
evasion of income tax and other taxes, cash reward shall, only after realization of part or whole of the taxes
involved in such cases, be sanctioned to the officers and officials of Inland Revenue for their meritorious
conduct in such cases and to the informer providing credible information leading to such detection.
(2) The Board may, by notification in the official Gazette, prescribe the procedure in this behalf and also
specify the apportionment of reward sanctioned under this section for individual performance or to collective
welfare of the officers and officials of Inland Revenue.]
2[227B. Reward to whistleblowers. —(1) The Board may sanction reward to whistleblowers in cases of
concealment or evasion of income tax, fraud, corruption or misconduct providing credible information leading
to such detection of tax.
(2) The Board may, by notification in the official Gazette, prescribe the procedure in this behalf and also
specify the appointment of reward sanctioned under this section for whistleblowers.
(3) The claim for reward by the whistleblower shall be rejected, if
(a) the information provided is of no value;
(b) the Board already had the information;
(c) the information was available in public records; or
(d) no collection of taxes is made from the information provided from which the Board can pay the
reward.
(4) For the purpose of this section, “whistleblower” means a person who reports concealment or evasion
of income tax leading to detection or collection of taxes, fraud, corruption or misconduct, to the competent
authority having power to take action against the person or an income tax authority committing fraud,
corruption, misconduct, or involved in concealment or evasion of taxes.”]
1 Added by the Finance Act, 2013, s.7(41).
2 Ins by the Finance Act, 2015, s.9(52) (w.e.f. 01.07.2015).
290
PART II
1[DIRECTORATESGENERAL]
2[228. The Directorate General of 3[***] Internal Audit. — (1) The Directorate General of 3[***]
Internal Audit shall consist of a DirectorGeneral and as many Directors, Additional Directors, Deputy
Directors and Assistant Directors and such other officers as the Board, may by notification in the official
Gazette, appoint.
(2) The Board may, by notification in the official Gazette, specify the functions, jurisdiction and powers of
the Directorate General of 3[* * *] Internal Audit.]
4[229. Directorate General of Training and Research.— (1) The Directorate General of Training and
Research shall consist of a DirectorGeneral, Additional DirectorGeneral and as many Directors, Additional
Directors, Deputy Directors, Assistant Directors and such officers as the Board, may, by notification in the
official Gazette, appoint.
(2) The Board may, by notification in the official Gazette, specify the functions, jurisdiction and powers
of the Directorate General of Training and Research and its officers.]
5[230. Directorate General (Intelligence and Investigation), Inland Revenue.—(1) The
Directorate General (Intelligence and Investigation) Inland Revenue shall consist of a Director General and as
many Directors, Additional Directors, Deputy Directors and Assistant Directors and such other officers as the
Board, may by notification in the official Gazette, appoint.
(2) The Board may, by notification in the official Gazette,—
(a) specify the functions and jurisdiction of the Directorate General and its officers; and
(b) confer the powers of authorities specified in section 207 upon the Directorate General and its
officers.]
1 Subs. by Finance Act, 2013, s.7(42)(a).
2 Subs. by Finance Act, 2005, s.8(28).
3 The words “inspection and “omitted by Finance Act, 2007, s.20(28A)(b).
4 Added by Finance Act, 2010, s.8(60).
5 Ins. by Finance Act, 2012, s.15(50).
291
1[PART III
2[DIRECTORATESGENERAL]
(2) The Board may, by notification in the official Gazette, specify the functions, jurisdiction and powers
of the DirectorateGeneral of Withholding Taxes.]
3[230B. DirectorateGeneral of Law.— The DirectorateGeneral of Law shall consist of a Director
General and as many Directors, Additional Directors, Deputy Directors, Assistant Directors, Law Officers and
such other officers as the Board may, by notification in the official Gazette, appoint.
(2) The Board may, by notification in the official Gazette, specify the functions, jurisdiction and powers
of the DirectorateGeneral of Law.
230C. DirectorateGeneral of Research and Development.— (1) The DirectorateGeneral of Research
and Development shall consist of a Director General and as many Directors, Additional Directors, Deputy
Directors, Assistant Directors and such other officers as the Board may, by notification in the official Gazette,
appoint.
(2) The Board may, by notification in the official Gazette, specify the functions, jurisdiction and powers
of the DirectorateGeneral of Research and Development.]
4[231.* * * * * * *]
CHAPTER XII
TRANSITIONAL ADVANCE TAX PROVISIONS
1 Added by Finance Act, 2008, s. 18 (28).
2 Subs., by the Finance Act, 2013, s. 7(42)(b)
3 Added ibid, s. 7(43).
4 Omitted by Finance Act, 2005, s. 8(39).
292
1[231A. Cash withdrawal from a bank. — 2[(1) Every banking company shall deduct tax at the rate
specified in Division VI of Part IV of the First Schedule, if the payment for cash withdrawal, or the sum total
of the payments for cash withdrawal in a day, exceeds 3[fifty] thousand rupees.]
4[(2)* * * * * * *]
5[231AA. Advance tax on transactions in bank.—(1) Every banking company, nonbanking financial
institution, exchange company or any authorized dealer of foreign exchange shall collect advance tax at the
time of sale against cash of any instrument, including Demand Draft, Pay Order, CDR, STDR, SDR, RTC, or
any other instrument of bearer nature or on receipt of cash on cancellation of any of these instruments 6[.]
6* * * * * * *
(2) Every banking company, nonbanking financial institution, exchange company or any authorized
dealer of foreign exchange shall collect advance tax at the time of transfer of any sum against cash
through online transfer, telegraphic transfer, mail transfer or any other mode of electronic transfer.
(3) The advance tax under this section shall be collected at the rate specified in Division VIA of Part IV of
the First Schedule, where the sum total of payments for transactions mentioned in subsection (1) or sub
section (2) as the case may be, exceed twentyfive thousand rupees in a day.
7[(4)* * * * * * *]
8[231B. Advance tax on private motor vehicles.— (1) Every motor vehicle registering authority of
Excise and Taxation Department shall collect advance tax at the time of registration of a motor vehicle, at the
rates specified in Division VII of Part IV of the First Schedule.
(2) Every motor vehicle registering authority of Excise and Taxation Department shall collect
advance tax at the time of transfer
1 Ins by the Finance Act, 2005, s. 8(40).
2 Subs by the Finance Act, 2006, s. 17*28).
3 Subs for the word “twentyfive” by the Finance Act, 2012, s. 15(51).
4 Subsection (2) omitted by the Finance Act, 2015, s. 9(53).
5 Section (231AA) added by the Finance Act, 2010, s. 8(61).
6 A colon substituted and thereafter provision omitted by the Finance Act, 2015, s.9(54)(a).
7 . Subsection (4) omitted ibid., s. 9(54))b).
8 Subs by the Finance Act, 2014, s. 7(34).
293
of registration or ownership of a private motor vehicle, at the rates specified in Division VII of Part IV of the
First Schedule:
Provided that no collection of advance tax under this subsection shall be made on transfer of
vehicle after five year from the date of first registration in Pakistan.
(3) Every manufacturer of a motor 1[vehicle] shall collect, at the time of sale of a motor car or jeep,
advance tax at the rate specified in Division VII of Part IV of the First Schedule from the person to whom
such sale is made.
(4) Subsection (1) shall not apply if a person produces evidence that tax under subsection (3) in case of a
locally manufactured vehicle or tax under section 148 in the case of imported vehicle was collected from the
same person in respect of the same vehicle.
(5) The advance tax collected under this section shall be adjustable:
Provided that the provisions of this section shall not be applicable in the case of –
(a) the Federal Government;
(b) a Provincial Government;
(c) a Local Government;
(d) a foreign diplomat; or
(e) a diplomatic mission in Pakistan.]
2[(6) For the purposes of this section the expression “date of first registration” means —
(a) the date of issuance of board arrow number in a case vehicle is acquired from the Armed Forces in
Pakistan;
(b) the date of registration by Ministry of Foreign Affairs or a diplomatic mission in Pakistan;
1 Subs. by Finance Act, 2015, s. 9(55)(a).
2 Ins., ibid., s. 9 (55)(b).
294
(c) the date of the year of manufacture in case of acquisition of an unregistered vehicle from the
Federal or provincial Government; and
(d) in all other cases the date of first registration by the Excise and Taxation Department.
(7) For the purpose of this section “motor vehicle” includes car, jeep, van, sports utility vehicle, pickup
trucks for private use, caravan automobile, limousine, wagon and any other automobile used for private
purpose.]
1[231E.Special Audit penal.(1)This rule shall under section 177 of the Ordinance apply to all cases for
conditioning audit by the Special audit panel as determined by the Commissioner in the light of subsection
(1B) of section 210 of the Ordinance.
(2) The Board may appoint as many special audit panels as may be necessary, comprising two or more
members from the following, namely:
(a) an office or officers of Inland Revenue;
(b) a firm of chartered accountants as defined under Chartered Accountants ordinance, 1961(X of
1961);
(c) a firm of cost and management accountants as defined under the Chartered Accountants Act,
1961( X of 1961); or
(d) any other person as directed by the Board.
(3) Board shall invite firm of chartered Accountant or Cost and management Accountants through
advertisement and shall determine their eligibility and remuneration on case to case basis or on the basis as
determined by the Board.
(4) Special audit penal shall conduct audit, including a forensic audit of the income tax affairs of:
(a) any person, or
(b) classes of persons
(5) The Commissioner shall determine the scope of audit under subrule (4) on case to case basis.
(6) Special audit panel shall be headed by a chairperson who shall be an officer of Inland Revenue.
(7) The chairperson of special audit panel shall be responsible for the procedure which may interalia
include the following, namely:
(a) to decide in consultation with the Commissioner about the place of sitting of the special audit
panel;
(b) to specify date and time for conducting audit;
(c) to supervise the proceedings of audit;
1 Added by S.R.O. 31(I)/2015, dated 13.01.2016.
295
(d) to issue notices by courier or registered post or electronic mail to the taxpayer under audit;
(e) to requisition and produce records, documents, information from the taxpayer under audit and
from other persons in respect of the taxpayer under audit; and
(f) to ensure attendance of the taxpayer for hearing in person or through an advocate or
representative.
(8) The special audit penal may conduct inquiry or seek expert opinion as may be considered necessary.
(9) Powers under section 175 and 176 of the Ordinance for conducting audit under subsection (11) of
section 177 of the Ordinance shall be exercised by an officer or officers of Inland Revenue.
(10) Audit proceedings shall not be held invalid in case of absence of any member of the panel, other than
chairperson.
(11) The chairperson shall consolidate audit findings and get signatures of all other members of the panel
for further action in light of subsection (6) or subsection (14) of section 177 of the Ordinance as deemed fit.
(12) In case of difference of opinion among members of the special audit panel, the audit findings of
majority members would carry weight, and the chairperson shall proceed as per subrule (11). In case the
majority members do not include chairperson, then the special audit panel shall send the report of difference
of opinion to the Commissioner and the Commissioner may decide either to constitute new special audit panel
or send the said report to another officer or officers of Inland Revenue. The audit findings either from the new
special audit panel or from another officer or officers of Inland Revenue would suffice for further actions
under subrule (11).
(13) Audit proceedings under subrule (12) shall include the taxpayer’s record, documents, statements
and difference of opinion by previous special audit panel and opportunity of being heard to the taxpayer under
audit.]
1[231F. Selection and Conduct of audit. –(1)This rule shall apply to selection of cases for audit by the
FBR under section 214C of the Income Tax Ordinance, 2001(XLIX of 2001).
(2) the following steps shall be followed for selection of cases for audit through a computer ballot on
random and parametric selection basis for tax years mentioned therein, namely:
(a) data of all returns (efiled and manually filed ) shall be utilized as a basic data;
(b) the Board shall decide the cases of persons or classes of persons which are to be excluded from
audit selection and such exclusions shall be publicized each year through FRB’s webportal for
information, prior to the process of balloting or selection;
(c) cases falling under exclusions shall be identified and such cases shall be excluded from the data to
be used for balloting;
1 Added by S.R.O. 52(I)/2016, dated 28.01.2016.
296
(d) the data of the remaining cases shall be utilized for computer ballot for audit selection;
(e) for each tax year cases for audit shall be selected in accordance with the predetermined
percentage, to be publicized through FBR’s webportal, and prior to the balloting process, each
year;
(f) immediately after computer ballot, the lists of selected case shall be generated and placed on FBR’s
webportal;
(g) the whole balloting system for audit selection shall be based only on the NTNs/CNIC’s of the
filers;
(h) the NTN’s and CNIC’s of the cases selected for audit shall be communicated to concerned RTO’s
and LTU’s as per their respective jurisdictions;
(i) for the purpose of selection of cases on parametric basis, risk parameters for persons or classes or
persons to be used for balloting, wherever necessary, shall be determined by the Board, as under:
(I) risk parameters for persons or classes of persons to be used for balloting shall be determined by the
Board;
(II) audit selection parameters may be based upon the following:
(A) financial ratios for the year viz a viz the history of the case;
(B) financial ratios viz a viz industrial, sectoral or national ratios;
(C) industrial comparisons or bench marks;
(D) quantum of losses or refunds beyond certain thresholds; or
(E) compliance history; and
(j) computer balloting process in both categories of selection for audit shall be held in the presence of
representatives from Chambers of Commerce and industries and representatives of Tax Bar
Associations.
(3) The cases selected for audit by the Board shall be processed as
297
per the procedures given below:
(I) Commissioner Inland Revenue concerned shall issue intimation letter to the taxpayer about the
selection of his case for audit with the following details:
(A) section under which selection has been made;
(B) tax year for which the case has been selected for audit;
(C) mode of selection whether Random or Parametric;
(D) compliance requirements on the part of taxpayer e.g.
(a) provision of prescribed books of accounts;
(b) supporting information and documents, etc;
(c) computerized data, access to computerized data or provision of attested hard copies of
computerized data.
(4) On completion of examination of books of accounts, data or information under this rule the
discrepancies, if found, shall be intimated to the taxpayer for obtaining taxpayers’ explanation, in the form of
audit report, seeking taxpayer’s explanation on these points.
(5) Explanations of the taxpayer, where found not acceptable, shall be intimated to the taxpayer, through a
notice under section 122(9) of the Income Tax Ordinance, 2001 about the amendment in assessment along
with the rationale or basis of such amendment and necessary amendment in assessment order shall be passed
under section 122 of the said Ordinance after affording adequate opportunity of hearing to the taxpayer.]
1[232.* * * * * * *
2[233. Brokerage and commission. — (1) Where any payment on account of
1 Section 232 omitted by the Finance Act, 2002, s.8(86).
2 Subs by the Finance Act, 2005, s.8(41).
298
brokerage or commission is made by the Federal Government, a Provincial Government, a 1[Local
Government], a company or an association of person constituted by, or under any law (hereinafter called the
“principal”) to a 2[ ] person (hereinafter called the “agent”), the principal shall deduct advance tax at the rate
specified in 3[Division II of] Part IV of the First Schedule from such payment.
(2) If the agent retains Commission or brokerage from any amount remitted by him to the principal, he
shall be deemed to have been paid the commission or brokerage by the principal and the principal shall collect
advance tax from the agent.
(a) at the rates specified in Division IIA of Part IV of First Schedule from its Members on purchase of
shares in lieu of 7[tax on] the commission earned by such Members; 8[and]
(b) at the rates specified in Division IIA of Part IV of First 9[Schedule] from its Members on
sale of shares in lieu of 10[tax on] the commission earned by such Members 11[.]
12(c)* * * * * * *
1 Subs by the Finance Act, 2008, s.18(34).
2 Omitted by the Finance Act, 2006, s.17(29).
3 Ins by the Finance Act, 2010, s.8(62).
4 Ins by the Finance Act, 2012, s.15(52).
5 Subs ibid , s.15(52).
6 Ins by the Finance Act, 2004, s.6(37A).
7 Ins by the Finance Act, 2007, s.20(29A).
8 Ins by the Finance Act, 2012, s.15(53)(ii).
9 Subs by the Finance Act, 2005, s.8(42)(a).
10 Ins by the Finance Act, 2007.
11 Subs by the Finance Act, 2012, s.15(53)(iii).
12 Clauses (c ) and (d) omitted ibid, s.15(53)(d).
299
5(d) * * * * * * *
1[(2) The tax collected under clauses (a) to 2[(b)] of subsection (1) shall be 3[adjustable].]
4[233AA. Collection of tax by NCCPL.— NCCPL shall collect advance tax from the members of Stock
Exchange registered in Pakistan 5[, margin financiers, trading financiers and lenders], in respect of margin
financing in share business 6[or providing of any margin financing, margin trading or securities lending under
Securities (Leveraged Markets and Pledging) Rules, 2011 in share business] at the rate specified in Division
7[IIB] of Part IV of First Schedule 8[:] ]
9[Provided that the provisions of this section shall not apply to any Mutual Fund specified in subclause
(2) of clause (57) of Part I of the Second Schedule.]
(2) If the motor vehicle tax is collected in installments 13[or lump sum] the advance tax may also be
collected in installments 5[or lump sum] in like manner.
14[(2A) In respect of motor cars used for more than ten years in Pakistan, no advance tax shall be
collected after a period of ten years.]
1 Subs by the Finance Act, 2008, s.18(30)(b).
2 Subs by the Finance Act, 2012.
3 Subs by the Finance Act, 2010, s.8(63).
4 Ins by the Finance Act, 2012, s.15(54).
5 Ins by the Finance Act, 2013, s.7(44)(a).
6 Ins ibid, s.7(44)(b).
7 Subs ibid, s.(44)(c ).
8 Subs ibid, s.7(44)(d).
9 Added ibid, s.7(44)(d).
10 Subs by the Finance Act, 2008, s.18(31).
11 Ins by the Finance Act, 2002, s.8(87)(a).
12 Ins by the Finance Act, 2013, s.7(45)(a).
13 Ins by the Finance Act, 2013,s.7(45)(b).
14 Ins by the Finance Act, 2002, s.8(87)(b).
300
(3) In respect of a passenger transport vehicle with registered seating capacity of ten or more persons,
advance tax shall not be collected after a period of ten years from the first day of July of the year of make of
the vehicle.
(4) In respect of a goods transport vehicle with registered laden weight of 1[* * *] less than 8120
kilograms, advance tax shall not be collected after a period of ten years from the date of first registration of
vehicle in Pakistan.
2[(5) Advance tax collected under this section shall be adjustable.]
3[(6) For the purpose of subsection (1) and (23) “motor vehicle” shall include the vehicles specified in
subsection (7) of section 231 B.]
4[234A CNG Stations.— (1) There shall be collected advance tax at the rate specified in Division VIB of
Part III of the First Schedule on the amount of gas bill of a Compressed Natural Gas station.
(2) The person preparing gas consumption bill shall charge advance tax under subsection (1) in the
manner gas consumption charges are charged.
(3) The tax collected under this section shall be a final tax on the income of a CNG station arising from
the consumption of the gas referred to in sub section (1).
(4) The taxpayers shall not be entitled to claim any adjustment of withholding tax collected or deducted
under any other head, during the tax year.]
235. Electricity consumption. (1) There shall be collected advance tax at the rates specified in PartIV
of the First Schedule on the amount of electricity bill of a commercial or industrial consumer.
(2) The person preparing electricity consumption bill shall charge advance tax under subsection (1) in
the manner electricity
1 The words “2030 kilograms or more but” omitted by the Finance Act, 2003, s.12(111).
2 Subs by the Finance Act, 2013, s.7(45)(c ).
3 Ins by the Finance Act, 2015, s.9(56).
4 Ins by the Finance Act, 2007, s.20(30).
301
consumption charges are charged.
(3) Advance tax under this section shall not be collected from a person who produces a certificate from
the Commissioner that his income during tax year is exempt from tax.
1[(4) Under this section, —
(a) in the case of a taxpayer other than a company, tax collected upto bill amount of thirty thousand
rupees per month shall be treated as minimum tax on the income of such persons and no refund
shall be allowed;
(b) in the case of a taxpayer other than a company, tax collected on monthly bill over and above
thirty thousand rupees per month shall be adjustable; and
(e) in the case of a company, tax collected shall be adjustable against tax liability.]
2[235A. Domestic electricity consumption. (1) There shall be collected advance tax at the rates
specified in Division XIX of Part IV of the First Schedule on the amount of electricity bill of a domestic
consumer.
(2) The person preparing electricity consumption bill shall charge advance tax under subsection (1) in
the manner electricity consumption charges are charged.
(3) Tax collected under this section shall be adjustable against tax liability.
235B. Tax on steel melters, rerollers etc. (1) There shall be collected tax from every steel melter, steel
reroller, composite steel units, registered for the purpose of Chapter XI of Sales Tax Special Procedure Rules,
2007 at the rate of one rupee per unit of electricity consumed for the production of steel billets, ingots and
mild steel (MS products) excluding stainless steel .
(2) The person preparing electricity consumption bill shall
1 Subs by the Finance Act,2009, s.5(49).
2 Ins by the Finance Act, 2014, s.7(35).
302
charge and collect the tax under subsection (1) in the manner electricity consumption charges are charged
and collected.
(3) The tax collected under sub section (1) shall be deemed to be the tax required to be deducted under
subsection (1) of section 153, on the payment for local purchase of scrap.
(4) Tax collected under subsection (1) shall be nonadjustable and credit of the same shall not be
allowed to any person.]
236. Telephone 1[and internet] users. (1) Advance tax at the rates specified in Part IV of the First
Schedule shall be collected on the amount of –
(a) telephone bill of a subscriber; 2[*]
(b) prepaid cards for 3[*] telephones 4[*]
5[(c) sale of units through any electronic medium or whatever form 6[; and
(d) internet bill of a subscriber; and
(e) prepaid cards for internet.”;]
(2) The person preparing the telephone 7[or internet] bill shall charge advance tax under subsection (1) in
the manner telephone 1[or internet] charges are charged.
10[(3A) The person issuing or selling units through any electronic medium or whatever form shall collect
advance tax under subsection (1) from the purchaser at the time of issuance of sale of units.]
1 Ins by the Finance Act, 2015, s.9(57)(a).
2 The word “and” omitted by the Finance Act, 2010, s.8(64)(a)(i).
3 The word “mobile” omitted by the Finance Act, 2002, s.8(88)(a).
4 The word “and’ omitted by the Finance Act, 2015, s.9(57)(b)(i).
5 Subs by the Finance Act, 2010, s.8(64)(a)(ii).
6 Subs by the Finance Act, 2015, s.9(57)(b)(ii).
7 Ins, by the Finance Act, 2013, s.9(57)(c )and (d).
8 The word “mobile” omitted by the Finance Act, 2002, s.8(88)(b).
9 Subs by the Finance Act, 2003, s.12(112).
10 Added by the Finance Act, 2010, s.8(64)(b).
303
(4) Advance tax under this section shall not be collected from Government, a foreign diplomat, a
diplomatic mission in Pakistan, or a person who produces a certificate from the Commissioner that his income
during the tax year is exempt from tax.
1[236A. Advance tax at the time of sale by auction.—(1) Any person making sale by public auction
2[or auction by a tender], of any property or goods 3[(including property or goods confiscated or
attached)] either belonging to or not belonging to the Government, local Government, any authority, a
company, a foreign association declared to be a company under subclause (vi) of clause (b) of subsection (2)
of section 80, or a foreign contractor or a consultant or a consortium or Collector of Customs or Commissioner
of 4[Inland Revenue] or any other authority, shall collect advance tax, computed on the basis of sale price of
such property and at the rate specified in Division VIII of Part IV of the First Schedule, from the person to
whom such property or goods are being sold.
(2) The credit for the tax collected under subsection (1) in that tax year shall, subject to the provisions of
section 147, be given in computing the tax payable by the person purchasing such property in the relevant tax
year or in the case of a taxpayer to whom section 98B or section 145 applies, the tax year, in which the “said
date” as referred to in that section, falls or whichever is later.
Explanation. For the purposes of this section, sale of any property includes the awarding of any
lease to any person, including a lease of the right to collect tolls, fees or other levies, by whatever name
called.]
5[236B. Advance tax on purchase of air ticket.—(1) There shall be collected advance tax at the rate
specified in Division IX of Part IV of the First Schedule, on the purchase of gross amount of domestic air
ticket 6[:]
1 Added by the Finance Act, 2009, s.5(50).
2 Ins by the Finance Act, 2011, s.6(29)(a).
3 Subs by the Finance Act, 2010, s.8(65).
4 Subs by the Finance Act, 2011, s.8(29)(b).
5 Ins by the Finance Act, 2010, s.8(66).
6 Added by the Finance Act, 2015, s.9(58)(a).
304
1[Provided that this section shall not apply to routes of Baluchistan costal belt, Azad Jammu and Kashmir,
Federally Administered Tribal Areas, GilgitBaltistan and Chitral.”;]
(2) The 2[airline issuing] air ticket shall charge advance tax under sub section (1) in the manner air ticket
charges are charged.]
3[(2A) The mode, manner and time of collection shall be as may be prescribed.
4[(4)] * * * * * * *
5[236C. Advance Tax on sale or transfer of immovable Property.— (1) Any person responsible for
registering or attesting transfer of any immovable property shall at the time of registering or attesting the
transfer shall collect from the seller or transferor advance tax at he rate specified in Division X of Part IV of
the First Schedule.
(2) The Advance tax collected under subsection (1) shall be adjustable.
6[(3)] * * * * * * *
7[236D. Advance tax on functions and gatherings.— (1) Every prescribed person shall collect advance
tax at the rate specified in Division XI of Part IV of the First Schedule on the total amount of the bill from a
person arranging or holding a function in a marriage hall, marquee, hotel, restaurant, commercial lawn, club, a
community place or any other place used for such purpose.
(2) Where the food, service or any other facility is provided by any other person, the prescribed person
shall also collect advance tax on the payment for such food, service or facility at the rate specified in Division
XI of Part IV of the First Schedule from the person arranging or holding the function.
1 Added ibid, s.9(589)(a).
2 Subs by the Finance Act, 2014, s.7(34)(a).
3 Ins ibid, s.7(36)(b).
4 Subsection (4) omitted by the Finance Act, 2015, s.9(58)(b).
5 Ins by the Finance Act, 2012, s.15(55).
6 Subsection (3) omitted by the Finance Act, 2015, s.9(59).
7 Added by the Finance Act, 2013, s.7(46).
305
(3) The advance tax collected under subsection (1) and subsection (2) shall be adjustable.
(4) In this section,—
(a) “function” includes any wedding related event, a seminar, a workshop, a session, an exhibition, a
concert, a show, a party or any other gathering held for such purpose; and
(b) “prescribed person” includes the owner, a leaseholder, an operator or a manager of a marriage
hall, marquee, hotel, restaurant, commercial lawn, club, a community place or any other place
used for such purpose.]
236E. Advance tax on foreignproduced TV plays and serials.—(1) Any licensing authority certifying
any foreign TV drama serial or a play dubbed in Urdu or any other regional language, for screening and
viewing on any landing rights channel, shall collect advance tax at the rates specified in Division XII of Part
IV of the First Schedule.
(2) The advance tax collected under subsection (1) shall be adjustable.
236F. Advance tax on cable operators and other electronic media.—(1) Pakistan Electronic Media
Regulatory Authority, at the time of issuance of licence for distribution services or renewal of the licence to a
licencee, shall collect advance tax at the rates specified in Division XIII of Part IV of the First Schedule.
(2) The tax collected under subsection (1) shall be adjustable.
(3) For the purpose of this section, “cable television operator” “DTH”, “Distribution Service”,
“electronic media”, “IPTV”, “loop holder”, “MMDS”, “mobile TV”, shall have the same meanings as defined
in Pakistan Electronic Media Regulatory Authority Ordinance, 2002 (XIII of 2002) and rules made
thereunder.
236G. Advance tax on sales to distributors, dealers and wholesalers.—(1) Every manufacturer or
commercial importer of electronics, sugar, cement, iron and steel products, fertilizer, motorcycles, pesticides,
cigarettes, glass, textile, beverages, paint or foam sector, at the time of sale to distributors, dealers and
wholesalers, shall collect advance tax at the rate specified in Division XIV of Part IV of the First Schedule,
from the aforesaid person to whom such sales have been made.
306
(2) Credit for tax collected under subsection (1) shall be allowed in computing the tax due by the
distributor, dealer or wholesaler on the taxable income for the tax year in which the tax was collected.
236H. Advance tax on sales to retailers.—(1) Every manufacturer, distributor, dealer, wholesaler or
commercial importer of electronics, sugar, cement, iron and steel products, 1[*], motorcycles, pesticides,
cigarettes, glass, textile, beverages, paint or foam sector, at the time of sale to retailers, 2[and every distributor
or dealer to another wholesaler in respect of the said sectors”] shall collect advance tax at the rate specified in
Division XV of Part IV of the First Schedule, from the aforesaid person to whom such sales have been made.
(2) Credit for the tax collected under subsection (1) shall be allowed in computing the tax due by the
retailer on the taxable income for the tax year in which the tax was collected.
236I. Collection of advance tax by educational institutions.—(1) There shall be collected advance tax
at the rate specified in Division XVI of Part IV of the First Schedule on the amount of fee paid to an
educational institution.
(2) The person preparing fee voucher or challan shall charge advance tax under subsection (1) in the
manner the fee is charged.
(3) Advance tax under this section shall not be collected from a person where annual fee does not exceed
two hundred thousand rupees.
(4) The term “fee” includes, tuition fee and all charges received by the educational institution, by
whatever name called, excluding the amount which is refundable.
(5) Tax collected under this section shall be adjustable against the tax liability of either of the parents or
guardian making payment of the fee.
3[“(6) Advance tax under this section shall not be collected from a person who is a nonresident and, —
(i) furnishes a copy of passport as an evidence to the educational institution that during previous tax
year, his stay in Pakistan was less then one hundred Eightythree days;
1 The word “fertilizer” omitted by the Finance Act, 2015, s.9(60)(i).
2 Ins ibid, s.9(60)(ii).
3 Added by the Finance Act, 2015, s.9(61).
307
(ii) furnishes a certificate that he has no Pakistansource income; and
(iii) the fee is remitted directly from abroad through normal banking channel to the bank account of
the educational institution.”
236J. Advance tax on dealers, commission agents and arhatis etc.—(1) Every market committee
shall collect advance tax from dealers, commission agents or arhatis, etc. at the rates specified in Division
XVII of PartIV of the First Schedule at the time of issuance or renewal of licences.
(2) The advance tax collected under subsection (1) shall be adjustable.
(5) In this section “market committee” includes any committee or body formed under any provincial or
local law made for the purposes of establishing, regulating or organizing agricultural, livestock and other
commodity markets.]
1[236K. Advance tax on purchase or transfer of immovable property.—(1) Any person responsible for
registering or attesting transfer of any immovable property shall at the time of registering or attesting the
transfer shall collect from the purchaser or transferee advance tax at the rate specified in Division XVIII of
Part IV of the First Schedule.
(2) The advance tax collected under subsection (1) shall be adjustable.
2[(3)] * * * * * * *
1 Ins by the Finance Act, 2014, s.7(37).
2 Subsection (3) omitted by the Finance Act, 2015, s.9(62)(a).
308
(4) Nothing contained in this section shall apply to a scheme introduced by the Federal Government, or
Provincial Government or an Authority established under a Federal or Provincial law for expatriate Pakistanis
1[:]
2[Provided that the mode of payment by the expatriate Pakistanis in the said scheme or schemes shall be
in the foreign exchange remitted from outside Pakistan through normal banking channels.”]
236L. Advance tax on purchase of international air ticket.—(1) Every airline, issuing ticket for journey
originating from Pakistan, shall collect advance tax at the rates specified in Division XX of Part IV of the First
Schedule, on the gross amount of international air tickets issued to passengers booking oneway or
return, from Pakistan.
(2) The airline issuing air ticket shall collect or charge advance tax under subsection (1) in the manner air
ticket charges are collected or charged, either manually or electronically.
(3) The mode, manner and time of collection under subsection (1) and time of collection shall be as may
be prescribed.
(4) The advance tax collected under subsection (1) shall be adjustable.
236M. Bonus shares issued by companies quoted on stock exchange.(1) Notwithstanding
anything contained in any law for the time being in force, every company, quoted on stock exchange, issuing
bonus shares to the shareholders of the company, shall withhold five percent of the bonus shares to be issued.
(2) Bonus shares withheld under subsection (1) shall only be issued to a shareholder, if the company
collects from the shareholder, tax equal to five percent of the value of the bonus shares issued to the
shareholder including bonus share withheld, determined on the basis of dayend price on the first day of
closure of books.
(3) Tax under subsection (2), shall be collected by the company, within fifteen days of the first day of
closure of books.
(4) If the shareholder fails to make the payment of tax under sub section (2) within fifteen days or the
company fails to collect the said tax within fifteen days, the company shall deposit the bonus share withheld
under subsection (1) in the Central Depository Company of Pakistan Limited or any other entity as may be
prescribed.
1 Full stop subs and thereafter a proviso added ibid, s.9(62)(b).
309
(5) Bonus share deposited in the Central Depository Company of Pakistan Limited or the entity prescribed
under subsection (4) shall be disposed of in the mode and manner as may be prescribed and the proceeds
thereof shall be paid to the Commissioner, by way of credit to the Federal Government.
(6) Issuance of bonus shares shall be deemed to be the income of the shareholder and the tax collected by
a company under subsection (2) or proceeds of the bonus shares disposed of and paid under subsection (5)
shall be treated to have been paid on behalf of shareholder.
(7) Tax paid under this section shall be final tax on the income of the shareholder of the company arising
from issuing of bonus shares.
236N. Bonus shares issued by companies not quoted on stock exchange.(1) Notwithstanding anything
contained in any law for the time being in force, every company, not quoted on stock exchange, issuing
bonus shares to the shareholders of the company, shall deposit tax, within fifteen days of the closure of books,
at the rate of five percent of the value of the bonus shares on the first day of closure of books, whether or not
tax has been collected by the company under subsection (3).
(2) Issuance of bonus shares shall be deemed to be the income of the shareholder and tax deposited under
subsection (1) shall be treated to have been deposited on behalf of the shareholder.
(3) A company liable to deposit tax under subsection (1), shall be entitled to collect and recover the tax
deposited under subsection (1), from the shareholder, on whose behalf the tax has been deposited,
before the issuance of bonus shares.
(4) If a shareholder neither makes payment of tax to the company nor collects its bonus shares, within
three months of the date of issuance of bonus shares, the company may proceed to dispose of its bonus shares
to the extent it has paid tax on its behalf under subsection (1).
(5) Tax paid under this section shall be a final tax on the income of the shareholder of the company arising
from issuance of bonus shares.
310
(6) The Board may prescribe rules for determination of value of shares under subsection (1).]
1[236O. Advance tax under this chapter. The advance tax under this chapter shall be collected in the
case of withdrawals made by—
(a) the Federal Government or the provincial Government; or
(b) a foreign diplomat or a diplomatic mission in Pakistan; or
(c) a person who produces a certificate from the commissioner that his income during the tax year is
exempt.
236P. Advance tax on banking transactions otherwise than through cash. —(1) Every banking
company shall collect advance adjustable tax from a nonfiler at the time of sale of any instrument, including
demand draft, pay order, special deposit receipt, cash deposit receipt, short term deposit receipt, call deposit
receipt, rupee travelers cheque or any other instrument of such nature.
(2) Every banking company shall collect advance adjustable tax from a nonfiler at the time of transfer of
any sum through cheque or clearing, inter bank or intra bank transfers through cheques, online transfer,
telegraphic transfer, mail transfer, direct debit, payments through internet, payment through mobile phones,
account to account funds transfer, third party account to account funds transfers, real time account to
Account funds transfer, real time account to account funds transfer, automated teller machine (ATM)
transfers, or any other mode of electronic or paper based funds transfer.
(3) The advance section under this section shall be collected at the rate specified in Division XXI of Part
IV of the First Schedule, where the sum total of payments for all transactions mentioned in subsection (1) or
subsection (2), as the case may be, exceeds fifty thousand rupees in a day.
(4) Advance tax under this section shall not be collected in the case of Pakistan Realtime Interbank
Settlement Mechanism (PRISM) transactions or payments made for Federal, provincial or local Government
taxes.
1 Ins by the Finance Act, 2015, s.9(63).
311
236Q.Payments to residents for use of machinery and equipments.—(1) Every prescribed person
making a payment in full or in part including a payment by way of advance to a resident person for use or
right to use industrial, commercial and scientific equipment shall deduct tax from the gross amount at the rate
specified in Division XXIII of part IV of the First Schedule.
(2) Every prescribed person making a payment in full or in part including a payment by way of advance to
a resident person on account of rent of machinery shall deduct tax from the gross amount at the rate specified
in Division XXIII of part IV of the First Schedule.
(3) The tax deductible under subsections (1) and (2) shall be final tax on the income of such resident
person.
(4) In this section, “prescribed person” means a prescribed person as defined in subsection (7) of section
153.
(5) The provisions of subsection (1) and (2) shall not apply to—
(a) agricultural machinery; and
(b) machinery leased by a leasing company, an investment bank or a modaraba or a scheduled bank or
a development finance institution in respect of assets owned by a leasing company or an
investment bank or a modaraba or a scheduled bank or a development finance institution.
236R. collection on advance tax on education related expenses remitted abroad.—(1) There shall be
collected advance tax at the rate specified in Division XXIIV of PartIV of the First Schedule on the amount
of education related expenses remitted abroad.
(2) Banks, financial institutions, foreign exchange companies or any other person reasonable for remitting
foreign currency abroad shall collect advance tax from the payer of education related expenses.
(3) Tax collected under this section shall be adjustable against the income of the person remitting payment
of education related expenses.
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(4) For the purpose of this section, “education related expenses” includes tuition fee, boarding and lodging
expenses, any payment for distant learning to any institution or university in a foreign country and any other
expenses related or attributable to foreign education.
236S. Dividend in specie. Every person making payment of dividendinSpecie shall collect tax from the
gross amount of the dividend in specie paid at the rate specified in Division I of Part III of the First Schedule.
236T. Collection of tax by Pakistan mercantile Exchange Limited (PMEX). Pakistan Mercantile
Exchange Limited (PMEX) shall collect advance tax
(a) at the rates specified in Division XXII of Part IV of First Schedule from its members on purchase
of futures commodity contracts;
(b) at the rates specified in Division XXII of Part IV of First Schedule from its members on sale of
futures commodity contracts; and
(2) The tax collected under clauses (a) and (b) of subsection (1) shall be an adjustable tax.”]
____________
CHAPTER XIII
MISCELLANEOUS
237. Power to make rules.—(1) The 1[Board] may, by notification in the official Gazette, make rules for
carrying out 2[*] the purposes of this Ordinance.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide
for all or any of the following matters, namely:–
(a) the manner in, and procedure by, which the income, profits and gains chargeable to tax and the tax
payable thereon under this Ordinance shall be determined in the case of –
(i) income derived partly from agriculture and partly from other business; or
(ii) nonresident persons;
1 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
2 The word “of’omitted by the Finance Act, 2005, s.89(43).
313
1[(ab) ascertainment or determination of any income or class of income to be included in the
total income of a taxpayer and any deduction from such income;]
(b) fees and other charges to be paid in respect of any matter referred to in this Ordinance;
(c) anything which is to be or may be prescribed under this Ordinance;
(d) the procedure for furnishing returns and other documents as required under this Ordinance,
including on computer media or through electronic medium or for issuance of orders or notices, or
levy of 2[default surcharge] or penalty through electronic medium;
3[(da) the procedure for approval of a nonprofit organization;]
(e) contain provisions of a saving or transitional nature consequent upon the making of this
Ordinance; and
(f) penalties for the contravention of the rules made under this Ordinance.
(3) The power to make rules conferred by this section shall be, except on the first occasion of the exercise
thereof, subject to the condition of previous publication.
(4) Where rules made under this section –
(a) adversely affect a person;
1 Ins by the Finance Act, 2003, s.12(113)(a).
2 Subs by the Finance Act, 2010, s.8(67).
3 Ins by the Finance Act, 2003, s.12(113)(b).
314
(b) are of a transitional nature; and
(c) are made within twelve months after commencement of this Ordinance, these may provide that
they shall take effect from the date on which this Ordinance comes into force or a later date.
1[237A. Electronic record.—(1) The Board may require any person to use its information system and
electronic resource, in order to replace or supplement, its manual business processes by automated business
processes and substitute its paper based records by electronic record.
(2) Electronic record generated, maintained, issued, served, received, filed or requisitioned through the
electronic resource of the Board shall by itself sufficiently and conclusively prove its validity, authenticity and
integrity and shall be treated to have been done so according to the provisions of this Ordinance.]
238. Repeal. The Income Tax Ordinance, 1979 (XXXI of 1979), shall stand repealed on the date this
Ordinance comes into force in pursuance of sub section (3) of section 1.
239. Savings.—2[(1) Subject to subsection (2), in making any assessment in respect of any income year
ending on or before the 30th day of June, 2002, the provisions of the repealed Ordinance in so far as these
relate to computation of total income and tax payable thereon shall apply as if this Ordinance had not come
into force.]
3[(2) The assessment, referred to in subsection (1), shall be made by an income tax authority which is
competent under this Ordinance to make an assessment in respect of a tax year ending on any date after the
30th day of June, 2002, and in accordance with the procedure specified in section 59 or 59A 4[or 61] or 62 or
63, as the case may be, of the repealed Ordinance.]
5[(3) The provisions of 6[subsections] (1) and (2) shall apply, in like manner, to the imposition or
charge of any penalty, 7[default surcharge] or any other amount, under the repealed Ordinance, as these apply
to the assessment, so however that procedure for such imposition or charge shall be in accordance with the
corresponding provisions of this Ordinance.]
1 Added by the Finance Act, 2008, s.18(33).
2 Subs by the Finance Act, 2002, s.8(89)(a).
3 Subs by the Finance Act, 2002, s.8(89)(a).
4 Ins by the Finance Act, 2003, s.12(114)(a).
5 Subs by the Finance Act, 2002, s.8(89)(a).
6 Subs by the Finance Act, 2005, s.8(44)(a).
7 Subs by the Finance Act, 2010, s.8(68)(a).
315
(4) Any proceeding under the repealed Ordinance pending on the commencement of this Ordinance before
any income tax authority, the Appellate Tribunal or any Court by way of appeal, reference, revision or
prosecution shall be continued and disposed of as if this Ordinance has not come into force.
(5) Where the period prescribed for any application, appeal, reference or revision under the repealed
Ordinance had expired on or before the commencement of this Ordinance, nothing in this Ordinance shall be
construed as enabling such application, appeal, reference or revision to be made under this Ordinance by
reason only of the fact that a longer period is specified or provision for an extension of time in suitable cases
by the appropriate authority.
(6) Any proceeding for 1[* * *] prosecution in respect of an assessment for an income year ending on or
before the 30th day of June 2002 shall be taken and continued as if this Ordinance has not come into force.
(7) Any income tax, super tax, surcharge, penalty, 2[default surcharge], or other amount payable under the
repealed Ordinance may be recovered under this Ordinance, but without prejudice to any action already taken
for the recovery of the amount under the repealed Ordinance.
(8) Any election or declaration made or option exercised by any person under any provision of the
repealed Ordinance and in force immediately before the commencement of this Ordinance shall be treated as
an election or declaration made, or option exercised under the corresponding provisions, if any, of this
Ordinance.
(9) Anything done or action taken under the repealed Ordinance in so far as it is not inconsistent with the
3[provisions] of this Ordinance shall, without prejudice to anything already done or any action already taken,
be treated as having been done or taken under this Ordinance.
1 The word “imposition of penalty or” omitted by the Finance Act, 2002, s.8(89)(b).
2 Subs by the Finance Act, 2010, s.8(68)(b).
3 Subs by the Finance Act, 2005, s.8(44)(b).
316
(10) Any agreement entered into, appointment made, approval given, recognition granted, direction,
instruction, notification, notice, order or rule issued or made under any provision of the repealed Ordinance
and in force or valid at the commencement of this Ordinance shall, so far as it is not inconsistent with the
corresponding provision of this Ordinance or any agreement, appointment entered into, approval given,
recognition granted, direction, instruction, notification, notice, order or rule issued or made under this
Ordinance, be treated as entered into, made, given, granted or issued, as the case may be, under that
corresponding provision and shall unless revoked, cancelled or repealed by, or under, this Ordinance, continue
in force accordingly.
(11) Any appointment, act of authority or other thing made or done by any authority or person and
subsisting or in force at the commencement of this Ordinance which would have been made or done under any
substantially corresponding provision of this Ordinance by any authority or person other than the one
specified in the repealed Ordinance, or in any manner other than as specified in the repealed Ordinance shall
continue in force and have effect as if it has been made or done under the corresponding provision of this
Ordinance by the authority or person, or in the manner specified in the corresponding provision as if such
provision had been in force when it was made or done.
1[(12)
Any notification issued under section 50 of the repealed Ordinance and in force on the
commencement of this Ordinance shall continue to remain in force, unless 2[amended, modified], cancelled or
repealed by, or under, this Ordinance.
(13) The authority which issued any notification, notice, direction or instruction, or made any rule,
agreement or appointment, or granted any approval or recognition, referred to in subsections (10) and
(12), shall have the power to 3[amend, modify], cancel or repeal any such notification, notice, direction,
instruction, rule, agreement, appointment, approval or recognition.]
1 Subs by the Finance Act, 2002, s.8(89)(c).
2 Subs by the Finance Act, 2005, s.8(44)(c ).
3 Subs by the Finance Act, 2014, s.7(38).
317
1[(14) Any yield from National Saving Schemes of Directorate of National Savings where investment was
made on or before 30th June, 2001 and any income derived from Mahana Amdani Account where monthly
instalment does not 2[exceed] one thousand rupees shall continue to remain exempt and any person paying
such yield or income shall not deduct tax under section 151 therefrom and the recipient of such yield or
income shall not be required to produce an exemption certificate under section 159 in support of the
said exemption.]
(15) Section 107AA of the repealed Ordinance shall continue to apply until the 30th day of June, 2002.
(16) The Income Tax Rules made under the repealed Ordinance, on the valuation of perquisites shall
continue to apply 3[in respect of any income year ending on or before] the 30th day of June 2002.
(17) Item 8(5)(h) of the Third Schedule to the repealed Ordinance shall continue to apply to assets
covered by the item.
4[(18)]* * * * * * *
1 Subs by the Finance Act, 2003, s.12(114)(b).
2 Subs by the Finance Act, 2005, s.8(44)(d).
3 Subs by the Finance Act, 2002, s.8(89)(14)(d).
4 Subsection (18) omitted by the Finance Act, 2003, s.12(114)(c ).
318
1[239A. Transition to Federal Board of Revenue. Any reference to the Central Board of Revenue,
wherever occurring, in this Ordinance and the rules made thereunder and Notifications, Orders, or any other
instrument issued thereunder shall be construed as a reference to the Federal Board of Revenue on the
commencement of the Federal Board of Revenue Act, 2007.]
2[239B. Reference to authorities.—(1) Any reference to the Regional Commissioner of Income Tax,
Commissioner of Income Tax, Commissioner of Income Tax (Appeals) and Taxation Officer, wherever
occurring, in this Ordinance and the rules made thereunder 3[and in any other law in force at the time of
promulgation of this Ordinance] and notifications, orders, circulars or clarifications or any instrument issued
thereunder shall be construed as reference to the Chief Commissioner Inland Revenue, Commissioner
Inland Revenue, Commissioner Inland Revenue (Appeals) and officer of Inland Revenue, respectively.]
240. Removal of difficulties.—(1) Subject to subsection (2), if any difficulty arises in giving effect to
any of the provisions of this Ordinance, the Federal Government may, by notification in the official Gazette,
make such order, 4[not] inconsistent with the provisions of this Ordinance, as may appear to it to be necessary
for the purpose of removing the difficulty.
5[(2)] * * * * * * *
1 Ins by the Finance Act, 2007, s.20(32).
2 Subs by the Finance Act, 2010, s.8(69).
3 Ins by the Finance Act, 2013, s.7(47).
4 Subs by the Finance Act, 2002, s.8(90).
5 Subsection (2) omitted by the Finance Act, 2010, s.8(70).
319
THE FIRST SCHEDULE
PART I
RATES OF TAX
(See Chapter II)
Division I
Rates of Tax for Individuals
1[and Association of Persons]
(1) Subject to 2[3[clause] (1A) 4[* *] ], the rates of tax imposed on the taxable income of every individual
5[and Association of Persons] 6[except a salaried taxpayer] 7[* * * ] 8[* * *] shall be as set out in the
following table, namely:—
9[TABLE
1. Where the taxable income does not exceed Rs. 0%
400,000
2. Where the taxable income exceeds Rs. 400,000 but 7% of the amount exceeding
does not exceed form 500,000 Rs.400,000
3. Where the taxable income exceeds Rs. 500,000 but Rs 7,000 + 10% of the amount
does not exceed form 750,000 exceeding Rs. 500,000
1 Ins by the Finance Act, 2012, s.15(56)(I)(a)(i).
2 Subs by the Finance Act, 2005, s.8(45)(i)(a)(i).
3 Subs by the Finance Act, 2006, s.17(30)(i)(a)(i)(a).
4 The words “and (2) omitted ibid , s.17(30)(i)(a)(i)(b).
5 Ins by the Finance Act, 2012, s.15(56)(I)(a)(ii).
6 Ins by the Finance Act, 2005, s.8(45)(i)(a)(ii).
7 The word “or Association of persons” omitted by the Finance Act, 2010, s.8(71)(i)(a)(ii).
8 The words “to which subsection (1) of section 92 applies” omitted by the Finance Act, 2011, s.8(32)(I)(A)(a)(i).
9 Subs by the Finance Act, 2015, s.9(64)(A)(a)(I)(i).
320
4. Where the taxable income exceeds Rs. 750,000 but Rs. 32,000 + 15% of the amount
does not exceed form 1,500,000 exceeding Rs. 750,000
5. Where the taxable income exceeds Rs. 1,500,000 Rs. 144,500+20% of the amount
but does not exceed form 2,500,000 1,500,000 exceeding Rs. 1,500,000
6. Where the taxable income exceeds Rs.2,500,000 but Rs. 344,500+25% of the amount
does not exceed Rs.4,000,000 exceeding Rs. 2,500,000
7. Where the taxable income exceeds Rs.4,000,000 but Rs. 719,500 +30% oh the amount
does not exceed Rs. 6,000,000 exceeding Rs.400,000
8. Where the taxable income exceeds Rs.6,000,000 Rs. 1,319,500+35% of the
amount exceeding Rs.
6,000,000”]
1* * * * * * *
2[Provided
that in the case of an association of persons that is international firm prohibiting from
incorporating by any law or the rules of the body regulating their profession, the 35% rates of the tax
mentioned against serial No.8 of the Table shall be 32% for the tax year 2016 and onwards.]
3[(1A) Where the income of an individual chargeable under the head “salary” exceeds fifty per cent of his
taxable income, the rates of tax to be applied shall be as set out in the following table namely:
4[Table
1. Where the taxable income does not exceed 0%
Rs.400,000
1 Proviso omitted by the Finance Act, 2011, s.6(32)(I)(A)(a)(iii).
2 Subs by the Finance Act, 2015, s.9(64)(A)(a)(I)(i).
3 Ins by the Finance Act, 2009, s.5(51)(b).
4 Subs by the Finance Act, 2015, s.9(64)(A)(a)(II)(i).
321
2. Where the taxable income exceeds Rs.400,000 2% of the amount exceeding
but does not exceed Rs.500,000 Rs.400,000
3. Where the taxable income exceeds Rs.500,000 Rs.2,000 + 5% of the
but does not exceed Rs.750,000
amount exceeding
Rs.500,000
4. Where the taxable income exceeds Rs.750,000 but Rs.14,500 + 10% of the amount
does not exceed Rs.1,400,000 exceeding Rs.750,000
5. Where the taxable income exceeds Rs.79,500 + 12.5% of the
Rs.1,400,000 but does not exceed Rs.
amount exceeding
Rs.
6. Where the taxable income exceeds Rs.92,000 + 15% of
Rs.1,500,000 but does not exceed
Rs.1,800,000 the amount exceeding
Rs.1,500,000
7. Where the taxable income exceeds Rs.137,000 + 17.5% of
Rs.1,800,000 but does not exceed
Rs.2,500,000 the amount exceeding
Rs.1,800,000
8. Where the taxable income exceeds Rs.259,500 + 20% of the amount
Rs.2,500,000 but does not exceed exceeding
Rs.3,000,000
Rs.2,500,000
9. Where the taxable income exceeds Rs.359,500 + 22.5% of the
Rs.3,000,000 but does not exceed amount exceeding Rs.3,000,000
Rs.3,500,000
Rs.3,500,000
Rs.4,000,000]
Where the taxable income exceeds Rs.7,000,000 Rs.1,422,000 + 30 % of the
12.
amount exceeding Rs. 7,000,000
322
1* * * * * * *
2* * * * * * *
Provided further that Internally Displaced Persons Tax (IDPT), treated as income tax, on the tax payable
on the taxable income of one million rupees or more, shall be levied at the rate of 5% of such tax for tax year
2009; 3[*]
4[(IB) Where the taxable income in a tax year, other than income on which the deduction of tax is final,
does not exceed one million rupees of a person
(i) holding a National Database Registration Authority’s Computerized National Identity Card
for disabled persons; or
5[(ii) a taxpayer of the age of not less than sixty years on the first day of that tax year; the tax liability
on such income shall be reduced by fifty per cent.]
6(2) * * * * * * *
7[2. * * * * * * *]
8[Division IA. * * * * * * *]
9[3. * * * * * * *]
1 Proviso omitted by the Finance Act, 2010, s.8(71)(a)(iv).
2 Proviso omitted by the Finance Act, 2013, s.7(48)(I)(A)(ii)(b).
3 The word “and” omitted by the Finance Act, 2015, s.9(64)(A)(a)(II)(ii).
4 Ins by the Finance Act, 2014, s.7(39)(I)(A)(i).
5 Subs by the Finance Act, 2015, s.9(64)(A)(a)(iii).
6 Paragraph (2) omitted by the Finance Act, 2014, s. 7(39)(I)(B).
7 Clause (6) omitted by the Finance Act, 2006, s.17(30)(iii).
8 Division IA omitted by the Finance Act, 2013, s.7(48)(I)(B).
9 Clause (3) omitted by the Finance Act, 2013, s.7(48)(I)(B).
323
1[Division IB. * * * * * * *]
2[Division II
Rates of Tax for Companies
3[(i) The rate of tax imposed on the taxable income of a company for the tax year 2007 and onward shall
be 35% 4[:]]
5[Provided that the rate of tax imposed on the taxable income of a company other than a banking
company, shall be 34% for the tax year 2014 6[:]
Provided further that the rate of tax imposed on the taxable income of a company, other than a banking
company, shall be 33% for the tax year 2015 7[:]
8[Provided further that the rate of tax imposed on taxable income of a company, other than banking
company shall be 32% for the tax year 2016, 31%for the tax year 2017 and 30% for the tax year 2018 and
onwards.]
9(ii)* * * * * * *
10[(iii) where the taxpayer is a small company as defined in section 2, tax shall be payable at the rate of
11[25]% 12[:] ]
13* * * * * * *
1 Division IB omitted by the Finance Act, 2012, s.15(56)(I)(b).
2 Subs by the Finance Act, 2002, s.8(91)(2).
3 Subs by the Finance Act, 2007, s.20(33)(I)(B)(I).
4 Subs by the Finance Act, 2013, S.7(48)(B).
5 Added ibid, s.7((48)(B).
6 Subs by the Finance Act, 2015,
7 Added by the Finance Act, 2015, s.9(64)(A)(b).
8 Added ibid, s.9(64)(A)(b).
9 Paragraph (ii) omitted by the Finance Act, 2008, s.18(35)(ii).
10 Added by the Finance Act, 2005, s.8(45)(c ).
11 Subs by the Finance Act, 2010, s.8(71)(d).
12 Subs ibid.
13 Proviso omitted by the Finance Act, 2009, s.5(51)(ii).
324
1[Division IIA
Rates of Super Tax
Person Rate of Super Tax
Banking Company 4% of the income
Person, other than a banking company, having income 3% of the income;]
equal to or exceeding Rs 500 million
2[Division III
Rate of Dividend Tax
The rate of tax imposed under section 5 on dividend received from a company shall be
(a) 7.5% in the case of dividends declared or distributed by purchaser of a power project privatized
by WAPDA or on shares of a company set up for power generation or on shares of a company,
supplying coal exclusively to power generation projects; and
3[(b) 12.5%, in cases other than mentioned in clause (a) and (c);
(c) 10%, in case of dividend received by a person from a mutual fund;]
Provided that the dividend received by a person from a stock fund shall be taxed at the rate of
12.5% for tax year 2015 and onwards, if dividend receipts are less than capital gains:
4[Provided further that the dividend received by a company from a collective investment scheme
5[REIT Scheme] or a mutual fund, other than a stock fund, shall be
1 Ins by the Finance Act, 2015, s.9(64)(A)(c ).
2 Subs by the Finance Act, 2014, s.7(39)(I)(c ).
3 Subs by the Finance Act, 2015, s.9(64)(A)(d)(i).
4 Subs ibid, s.9(64)(A)(d)(iii).
5 Ins ibid, s.9(64)(A)(d)(ii).
325
taxed at the rate of 25% for tax year 2015 and onwards 1[:]
1[Provided also that if a Development REIT Scheme with the object of development and
construction of residential buildings is set up by thirtieth day of June, 2018, tax imposed on
dividend received by a person from such Development REIT scheme shall be reduced by fifty
percent for three years form thirtieth day of June, 2018.]
2[Division IIIA
Rate for profit on debt
The rate of tax for profit on debt imposed under section 7B shall be—
TABLE
1. Where profit on debt does not exceed Rs.25,000,000 10%
2. Where profit on debt exceeds Rs. 25,000,000 but does 25,000,000+ 12.5% of the
not exceeds Rs. 50,000,000 amount exceeding Rs.25,000,000
3. Where profit on debt exceeds Rs. 50,000,000 Rs. 5,625,000 + 15% of the
amount exceeding Rs. 50,000,000
1 Full stop subs and thereafter a proviso added by the Finance Act, 2015, s.9(64)(A)(d)(iii).
2 Division IIIA, ins by the Finance Act, 2015, s.9(64)(A)(e).
326
Division IV
Rate of Tax on Certain Payments to Nonresidents
The rate of tax imposed under section 6 on payments to nonresidents shall be 15% of the gross amount of
the royalty or fee for technical services.
Division V
Rate of Tax on Shipping or Air Transport Income of a Nonresident Person
The rate of tax imposed under section 7 shall be –
(a) in the case of shipping income, 8% of the gross amount received or receivable; or
(b) in the case of air transport income, 3% of the gross amount received or receivable.
1[Division VI.* * * * * * *
2[Division VII
Capital Gains on disposal of Securities
The rate of tax to be paid under section 37A shall be as follows—
1 Division VI omitted by the Finance Act, 2013, s.7(48)(d).
2 Subs by the Finance Act, 2015, s.9(64)(A)(f).
327
3. Where holding period of a security is twenty 0% 7.5%
four months or more but less then four years
4. Where holding period is more than four 0% 0%]
years
1[Division VIII
Capital Gains on disposal of Immovable Property
The rate of tax to be paid under subsection (1A) of section 37 shall be as follows:—
1. Where holding period of immovable property is up to 10%
one year
2. Where holding period of immovable property is more 5%
than one year but not more than two years.]
1 Added by the Finance Act, 2012, s.15(56)(I)(c ).
2 Serial No. 3 in table added by the Finance Act, 2014, s.7(39)(I)(e).
328
1[Division IX
Minimum tax under section 113]
1. ((a) Oil marketing companies, Oil refineries, Sui 0.5%
Southern Gas Company Limited and Sui Northern
Gas Pipelines Limited (for the cases where annual
turnover exceeds rupees one billion.)
(b) Pakistani Airlines; and
(c) Poultry industry including poultry
breeding, broiler production, egg production
and poultry feed production.
2[(d) Dealers or distributors of fertilizing and]
(b) Petroleum agents and distributors who are
registered under the Sales Tax Act, 1990;
(c) Rice mills and dealers; and
(d) Flour mills.
1 Division IX added by the Finance Act, 2014, s.7(39)(I)(f).
2 Ins by the Finance Act, 2015, s.9(64)(A)(g)(i).
3 The words “consumer goods including”omitted by the Finance Act, 2015,s.9(64)(A)(g)(ii).
4 The word “fertilizers’ omitted ibid.
329
3. Motorcycle dealers registered under the Sales Tax Act, 0.25%
1990.
4. In all other cases. 1%]
1[PART II
RATES OF ADVANCE TAX
(See Division II of Part V of Chapter X)
The rate of advance tax to be collected be collected by the Collector of Customs under section 148 shall
be—
Filer NonFiler
((ii) ((ii) Persons importing
potassic fertilizers in
pursuance of Economic
Coordination Committee of
the cabinet’s decision No.
ECC155/12/2004 dated the
9th December, 2004;
(iii) Persons importing urea;
(iv) Manufacturers
covered under
Notification No. S.R.O.
1125(I)/2011, dated the
31st December, 2011 and
importing items covered
under S.R.O.
1125(I)/2011, dated the
31st December, 2011;
(v) Persons importing Gold;
(vi) Persons importing
Cotton; and
(vii) Designated buyer of
LNG on behalf of
Government of Pakistan, to
import LNG.
1 Subs by the Finance Act, 2015, s.9(64)(B).
330
2. Persons importing pulses 2% of the import 3% of the import
value as increased by value as increased
customsduty, sales by customsduty,
tax and Federal sales tax and
Excise Duty. Federal Excise
Duty.
5. Industrial undertakings not covered under 5.5% 8%
S. No. 1 to 4.
6. Companies not covered under S. Nos. 1 5.5% 8%
to 5.
7. Persons not covered under S. Nos. 1 to 6% 9%]
6.
1[Part IIA.* * * * * * *]
1 Part IIA, omitted by the Finance Act, 2014, s.7(39)(III).
331
PART III
DEDUCTION OF TAX AT SOURCE
(See Division III of Part V of Chapter X)
1[Division I
Advance Tax on Dividend
The rate of tax to be deducted under section 150 2[and 2365] shall be
(a) 7.5% in the case of dividends declared or distributed by purchaser of a power project privatized by
WAPDA or on shares of a company set up for power generation or on shares of a company,
supplying coal exclusively to power generation projects;
(b) 3[2.5%] for filers other than mentioned in (a) above;
(c) 4[17.5%] for nonfilers other than mentioned in (a) above:
Provided that the rate of tax required to be deducted by a collective investment scheme 5[REIT
Scheme] or a mutual fund shall be
Stock Fund Money market Fund,
Income Fund or 4[REIT Scheme
or] any other fund
Provided further that in case of a stock fund if dividend receipts of the fund are less than capital gains, the
rate of tax deduction shall be 12.5% 6[:]
7[Provided further that if a Development REIT Scheme with the
1 Subs by the Finance Act, 2014, s.7(39)(IV)(a).
2 Ins by the Finance Act, 2015, s.9(64)(C )(I)(i).
3 Subs ibid , s.9(64)(C )(I)(ii).
4 Subs ibid, s.9(64)(C )(I)(ii)(a).
5 Ins ibid, s.9(64)(C )(I)(ii)(b)(i).
6 Colon subs and thereafter the proviso added ibid, s.9(64)(C )(I)(b)(iii).
7 Ins ibid , s.9(64)(C )(I)(b)(ii).
332
object of development and construction of residential buildings is set up by thirtieth day of June, 2018, rate of
tax on dividend received by a person from such Development REIT Scheme shall be reduced by fifteen
percent for three years from thirtieth day of June, 2018.
Division IA
Profit on Debt
The rate of tax to be deducted under section 151 shall be 10% of the yield or profit for filers and 1[17.5%]
of the yield or profit paid, for nonfilers:
Provided that for a nonfiler, if the yield or profit paid is rupees five hundred thousand or less, the rate
shall be ten per cent”;
2[Division II
Payments to nonresidents
(1) The rate of tax to be deducted from a payment referred to in sub section (1A) of section 152 shall be
6% of the gross amount payable.
3[(1A) The rate of tax to be deducted from payments referred to in subsection (1AA) of section 152, shall
be 5% of the gross amount paid.]
(2) The rate of tax to be deducted under subsection (2) of section 152 shall be 4[20]% of the gross
amount paid.]
5[(3) The rate of tax to be deducted under subsection (1AAA) of section152, shall be 10% of the gross
amount paid.]
6[(4) The rate of tax to be deducted from a payment referred to in clause (a) of subsection (2A) of section
152 shall be
(i) in case of a company, 4% of the gross amount payable, if the company is a filer and 6% if the
company is a nonfiler; and
1 Subs by the Finance Act, 2015, s.9(64)(C )(II)(w.e.f 01.07.2015).
2 Subs by the Finance Act, 2006, s.17(30)(ii)(c ).
3 Ins by the Finance Act, 2008, s.18(35)(c).
4 Subs by the Finance Act, 2010, s.8(71)(iii).
5 Added by the Finance Act,2012, s.15(56)(III).
6 Subs by the Finance Act, 2015, s.9(64)(C )(III)(i).
333
(ii) in any other case, 4.5% of the gross amount payable, if the person is a filer and 6.5% if the person
is a nonfiler.”]
(5) The rate of tax to be deducted from a payment referred to in clause (b) of subsection (2A) of section
152 shall be—
(i) in the case of transport services, two percent of the gross amount payable; or
1[(ii) in cases other than transport–
(a) in case of a company, 8% of the gross amount payable , if the company is a filer and 12% if the
company is a nonfiler, and
(b) in any other case, 10% of the gross amount payable, if the person is a filer and 15% if the
person is a nonfiler;]
2[(6) The rate of tax to be deducted from a payment referred to in clause (c) of subsection (2A) of
section 152 shall be–
(i) 10% of the gross amount payable in case of sportspersons;
(ii) in cased of a company, 7% of the gross amount payable, if the company is a filer and 10% if the
company is a nonfiler; and
(iii) in any other case, 7.5% of the gross amount payable, if the person is a filer and 10% if the person
is a nonfiler]
Division III
Payments for Goods or Services
(1) The rate of tax to be deducted from a payment referred to in clause (a) of subsection (1) of section
153 shall be –
(a) in the case of the sale of rice, 3[*], cotton seed or
1 Subs by the Finance Act, 2015, s.9(64)(C )(III)(ii) (w.e.f 01.07.2015).
2 Subs ibid, s.9(64(C)(III)(iii).
3 The word “cotton” omitted by the Finance Act, 2005, s.8(45)(ii).
334
edible oils, 1[1.5]% of the gross amount payable; or
(b) in the case of sale of goods,—
2[(i) in case of a company, 4% of the gross amount payable, if the company is a filer and 6% if
the company is a nonfiler; and
(ii) in any other case, 4.5% of the gross amount payable, if the person is a filer and 6.5% if the
person is nonfiler]
3[(2) The rate of tax to be deducted from a payment referred to in clause (b) of subsection (1) of section
153 shall be —
(i) in the case of transport services, two per cent of the gross amount payable; or
(ii) in the case of rendering of or providing of services, —
4[(a) in case of a company, 8% of the gross amount payable, if the company is a filer and 12% if
the company is anonfiler; and
(b) in any other case, 10% of the gross amount payable, if the person is a filer and 15% if the
person is a nonfiler;
(c) in respect of persons making payments to electronic and print media for advertising services,
–
(i) in case of a filer, 1% of the gross amount payable, and
(ii) in case of a nonfiler, 12% of the gross amount payable, if the nonfiler is a company and
15% if a nonfiler is other than a company;]
1 Subs by the Finance Act, 2003.
2 Subs ibid, s.9(64)(IV)(i).
3 Subs by the Finance Act, 2007, s.20(33)(iii).
4 Subs by the Finance Act, 2015, s.9(64)(C )(IV)(ii) (w.e.f 01.07.2015).
335
(3) The rate of tax to be deducted from a payment referred to in clause (c) of subsection (1) of section
153 shall be 1[,]
2[(i) 10% of the gross amount payable in case of sportspersons;
(ii) in case of a company , 7% of the gross amount payable, if the company is a filer and 10% if the
person is a nonfiler; and
(iii) in any other case, 7.5% of the gross amount payable, if the person is a filer and 10% if the person
is a nonfiler.]
3(4)* * * * * * *
4[Division IIIA* * * * * * *]
Division IV
Exports
5[(1) The rate of tax to be deducted under subsections (1), (3), (3A), (3B) or (3C) of section 154 shall be
1% of the proceeds of the export.]
(2) The rate of tax to be deducted under subsection (2) of section 154 shall be 6[5] % 7[* * *].
(3) The rate of tax to be deducted under subsection 8[(2)] of section 153 153 shall be 9[1] %.
1 Subs., for the figure, words and full stop “6% of the gross amount payable”, by the Finance Act, 2013, s__________________
2 Subs by the Finance Act, 2015, s.9(64)(C)(IV)(iii) (w.e.f 01.07.2015).
3 Clause (4) omitted by the Finance Act, 2006, s.17(30)(ii)(c )(ii).
4 Division (IIIA) omitted by the Finance Act, 2012, s.15(56)(III)(b).
5 Subs by the Finance Act, 2009, s.5(51)(c ).
6 Subs by the Finance Act, 2003, s.12(115)(b)(ii)(a).
7 The words “of the proceeds of the experts’ omitted ibid, s.12(115)(b)(ii)(b).
8 Subs by the Finance Act, 2011, s.6(32)(II).
9 Subs by the Finance Act, 2014, s.7(39)(IV)(c ).
336
1[Division V
Income from Property
(a) The rate of tax to be deducted under section 155, in the case of individual and association of
persons, shall be—
1. Where the gross amount of rent does not exceed Nil
Rs.150,000
10 % of the gross amount exceeding
Rs.150,000.
2. Where the gross amount of rent exceeds
Rs.150,000 but does not exceed Rs.1,000,000
3. Where the gross amount of rent exceeds Rs. Rs. 85,000 + 15% of the gross
1,000,000 amount exceeding Rs.
1,000,000.
(b) The rate of tax to be deducted under section 155, in the case of company shall be 15% of the
gross amount of rent.]
Division VI
Prizes and Winnings
(1) The rate of tax to be deducted under section 156 on a prize on prize bond or crossword puzzle shall be
2[15]% of the gross amount paid.
(2) The rate of tax to be deducted under section 156 on winnings from a raffle, lottery, prize on winning a
quiz, prize offered by a company for promotion of sale, shall be 20% of the gross amount paid.]
1 Subs by the Finance Act, 2013, s.7(48)(III).
2 Subs ibid.
337
Division VIA
Petroleum Products
Rate of collection of tax under section 156A shall be 1[12] of the amount of payment 2[for filers and 15%
for nonfilers.]
3[Division VIB
CNG STATIONS
The rate of tax to be collected under section 234A in the case of a Compressed Natural Gas station shall be
four per cent of the gas consumption charges.]
4[Division VII. * * * * * * *]
PART IV
(See Chapter XII)
DEDUCTION OR COLLECTION OF ADVANCE TAX
5[Division I. * * * * * * *]
6[Division II
Brokerage and Commission
The rate of collection under subsection (1) of section 233 shall be—
(i) in case of filers,—
(a) 10% of the amount of the payment, in case of advertising agents; and
(b) 12% of the amount of the payment in all other cases; and
1 Subs by the Finance Act, 2014, s.7(39)(IV)(d).
2 Ins by the Finance Act, 2015, s.9(64)(C )(V).
3 Added by the Finance Act, 2007, s.20(33)(iii)(c ).
4 Division VII omitted by the Finance Act, 2002.
5 Division I omitted by the Finance Act, 2002.
6 Subs by the Finance Act, 2015, s.9(64)(D)(a).
338
(ii) in case of nonfilers, 15% of the amount of payment.]
1[Division IIA
Rates for Collection of Tax by a Stock Exchange Registered in Pakistan
(i) in case of purchase of shares as per 1[0.01%
Clause (a) of subsection (1) of section Purchase
of 233A. value
(ii) in case of sale of shares as per clause 2[0.01%
(b) of subsection (1) of section 233A. sale value
2(iii)* * * * * * *
2(iv) * * * * * * *]
3[Division IIB
Rates for collection of tax by NCCPL
The rate of deduction under section 233AA shall be 10% of profit or markup or interest earned by the
member, margin financier or securities lender.]
Division III
4 [Tax on Motor Vehicles]
Rates of collection of tax under section 234,
5[(1) In case of goods transport vehicles, tax of two rupees and fifty paisa per kilogram of the laden weight
shall be charged for filer and four rupees per kilogram of the laden weight for nonfiler.”]
1 Ins by the Finance Act, 2012, s.15(56)(II).
2 (Sr. No. III and IV) omitted by the Finance Act, 2013, s.7(48)(IV)(a).
3 Ins ibid, s.7(48)(IV)(a).
4 Subs by the Finance Act, 2008, s.7(48)(IV)(b).
5 Subs by the Finance Act, 2015, s.9(64)(D)(b)(i).
339
1[(1A) In the case of goods transport vehicles with laden weight of 8120kilograms or more, advance tax
after a period of ten years from the date of first registration of vehicles in Pakistan shall be collected at the
rate of twelve hundred rupees per annum;]
(2) In the case of passenger transport vehicles plying for hire with registered seating capacity of
Filer NonFiler
3[(3) In case of other private motor 4[vehicles] shall be as following:
1 Ins by the Finance Act, 2003, s.12(115)(C )(i)(a).
2 Subs by the Finance Act, 2015, s.9(64)(D)(b)(ii) (w.e.f 01.07.2015).
3 Subs by the Finance Act, 2014, s.7(39)(V)(b)(i).
4 Subs by the Finance Act, 2015, s.9(64)(D)(b)(iii)(a).
5 Subs ibid, s.9(64)(D)(b)(iii)(b).
340
1[(4) where the motor vehicle tax is collected in lump sum,
Division IV
Electricity Consumption
Rate of collection of tax under section 235 2[where the amount of electricity bill,]
(ii) at the rate of 5 [rtvrmy
gpt omfidytos; vpmdi,rtd.]]
1 Subs by the Finance Act, 2014, s.7(39)(V)(b)(iii).
2 Ins by the Finance Act, 2002.
3 Subs by the Finance Act, 2003, s.12(115)(c)(ii).
4 Subs by the Finance Act, 2010, s.8(71)(b)(a).
5 Ins ibid, s.8(71)(b)(b).
341
Division V
Telephone users
Rates of collection of tax under section 236, —
1 Subs by the Finance Act, 2008, s.18(35)(d)(iii).
2 Subs by the Finance Act, 2015, s.9(64)(D)(e)(w.e.f. 01.07.2015).
342
Division VI
Cash withdrawal from a bank
4[Division VIA
Advance Tax on transactions in bank
The rate of tax to be deducted under section 231AA shall be at the rate of 0.3% of the transaction 5[for
filers and 0.6% for nonfilers.]
6[Division VII
Advance Tax on Purchase, Registration and Transfer of
Motor Vehicles
(1) The rate of tax under subsection (1) and (3) of section 231B shall be as follows:
1 Subs by the Finance Act, 2013, s.7(48)(IV)(e).
2 Ins by the Finance Act, 2014, s.7(39)(V)(d).
3 Subs by the Finance Act, 2015, s.9(64)(D)(d).
4 Ins by the Finance Act, 2010, s.8(71)(d).
5 Ins by the Finance Act, 2015, s.9(64)(D)(e).
6 Subs ibid, s.9(64)(D)(f).
343
(2) The rate of tax under subsection (2) of section 231B shall be as follows:
Provided that the rate of tax to be collected shall be reduced by 10% each year from the date of first
registration in Pakistan.]
1[Division VIII
Advance tax at the time of sale by auction
The rat of tax under section 236A shall be 2[10] % of the gross sale price of any property or goods sold by
auction.]
3[Division IX
Advance tax at the time of sale by auction
The rat of tax under section 236B shall be 5 % of the gross amount of the air ticket.]
1 Added by the Finance Act, 2009, s.5(51)(d).
2 Subs by the Finance Act, 2013, s.7(48)(IV)(g).
3 Added by the Finance Act, 2010, s.5(71)(e).
344
1[Division X
Advance tax on sale or transfer of
Immoveable property
The rat of tax under section 236C shall be 5 % of the gross amount of the consideration received 2[for
filers and 1% of the gross amount of the consideration received for nonfilers.]
3[Division XI
Advance tax on functions and gatherings
The rate of tax to be collected under each subsections (1) and (2) of section 236D shall be 4[5]%.
Division XII
Advance tax on foreignproduced films and TV plays
Rate of collection of tax under section 236E shall be as follows:
(a) Foreignproduced TV drama Rs.100,000 per episode
Serial
(b) Foreignproduced TV play Rs.100,000
(single episode)
Division XIII
(1) The rate of tax to be collected under section 236F in the case of Cable Television Operator shall be as
follows:
H Rs.7,500 Rs.10,000
1 Added by the Finance Act, 2012, s.15(56)(IV)(c ).
2 Added by the Finance Act,2014, s.7(39)(V)(f).
3 Added by the Finance Act, 2013, s.7(48)(IV)(h).
4 Subs by the Finance Act, 2014, s.7(39)(V)(g).
345
R Rs.5,000 Rs.30,000
B Rs.5,000 Rs.40,000
(2) The rate of tax to be collected by Pakistan Electronic Media Regulatory Authority under section 236F
in the case of IPTV, FM Radio, MMDS, Mobile TV, Mobile Audio, Satellite TV Channel and Landing Rights,
shall be 20 per cent of the permission fee or renewal fee, as the case may be.]
1[Division XIV
Advance tax on sale to distributors, dealers or wholesalers.
The rate of collection of tax under section 236G shall be as follows:
Category of Sale Rate of Tax
Filer NonFiler
4[Division XV
Advance tax on sale to retailers.
The rate of collection of tax under section 236H shall be 0.5% of the gross amount of sales.]
1 Subs by the Finance Act, 2014, s.7(39)(V)(ga).
2 Subs by the Finance Act, 2015, s.9(64)(D)(g)(a).
3 Subs ibid, s.9(64)(D)(g)(b).
4 Added by the Finance Act, 2013.
346
1[Division XVI
Collection of advance tax by educational institutions
The rate of collection of tax under section 236I shall be 5% of the amount of fee.]
2[Division XVII
Advance tax on dealers, commission agents and arhatis, etc.
The rate of collection of tax under section 236J shall be as follows:
Group Amount of tax
(per annum)
Group or Class A: Rs. 10,000
Group or Class B: Rs. 7,500
Group or Class C: Rs. 5,000
Any other category: Rs. 5,000]
3[Division XVIII
Advance tax on purchase of immoveable property
The rate of tax to be collected under section 236k shall be:
1. Where value of immovable property is up to 3 0%
million.
2. Where value of immovable property is more than 3 Filer 1%
million.
NonFiler 2%
Provided that the rate of tax for NonFiler shall be 1% upto the date appointed by the Board through
notification in official gazette.
1 Added by the Finance Act, 2013, s.6.
2 Added ibid, s. 6.
3 Added by the Finance Act, 2014, s.7(39)(V)(h).
347
Division XIX
Advance tax on Domestic Electricity Consumption
The rate of tax to be collected under section 235A shall be
(i) 7.5% if the amount of monthly bill is Rs. 1[75,000] or more; and
(ii) 0% the amount of monthly bill is less than Rs.100, 000.
2[Division XX
Advance tax on International air ticket
The rat of tax to be collected under section 236L shall be:
1. First/Executive Class Rs.16,000 per person
2. Others excluding Economy Rs.12,000 per person
3. Economy 0”;and]
4[Division XXI
Advance tax on Banking Transactions Otherwise Than Through Cash
The rate of tax to be collected under section 236P shall be 0.6% of the transactions for nonfilers 5[:]
6[Provided that the rate specified in this Division shall be 0.3 per cent for the period commencing from the
11th day of July, 2015 and ending on the 30th day of September, 2015 (both days inclusive) or till the date as
the Federal Government may, by notification in the official Gazette on recommendation of the Economic
Coordination Committee of the Cabinet, extend.]
1 Subs by the Finance Act, 2015, s.9(64)(D)(h).
2 Division XX added by the Finance Act, 2014, s. 6.
3 Subs by the Finance Act, 2015, s. 9(64)(D)(i).
4 Division XXI added by the Finance Act, 2015 (V of 2015) assented on: 29 th June, 2015)
5 Substituted for the full stop by the Income Tax (Amendment) Ordinance, 2015 (X of 2015) (Promulgated on: 11 th July, 2015).
6 Subs., & added by Income Tax (Amendment) Ordinance, 2015 (X of 2015) (Promulgated on 11 th July, 2015). The National Assembly on 9112015 through Resolution under proviso to sub
paragraph (i) of paragraph (a) of clause (2) of Article 89 of the Constitution was pleased to extend the IT (Amendment) Ordinance, 2015 (No. X of 2015) for a further period of 120 days (up to 06
032016). No. F. 22(30)/2015Legis., Dated 9 th November, 2015.
348
1[Provided
that the Federal Government may, by notification in the official Gazette and on
recommendation of the Economic Coordination Committee of the Cabinet, amend the rate specified in this
Division.]
2[Division XXII
Rate of Collection of Tax by Pakistan Mercantile Exchange Limited
The rate of tax to be collected under section 236T shall be as follows:
in case of sale or purchase of future commodity contract as per clause (a) and (b) of subsection (1)
of section 236T shall be 0.5%]
3[Division XXIII
Payment to a resident person for right to use machinery and equipment
Rate of collection of tax under section 236Q shall be 10 percent of the amount of payment.]
4[Division XXIV
Collection of advance tax on education related expenses remitted abroad
Rate of collection of tax under section 236R shall be 5 percent of the amount of total education related
expenses.]
1 Added by Act No. 1 of 2016, s. 2.
2 Division XXII added by the Finance Act, 2015, s.9.
3 Division XXIII added by the Finance Act, 2015, s.9.
4 Division XXIV added by the Finance Act, 2015, s.9.
349
THE SECOND SCHEDULE
EXEMPTIONS AND TAX CONCESSIONS
[See section 53]
PART I
EXEMPTIONS FROM TOTAL INCOME
Incomes, or classes of income, or persons or classes of persons, enumerated below, shall be exempt from
tax, subject to the conditions and to the extent specified hereunder:
1[(1)* * * * * * *
2[(2)* * * * * * *
(3) Any income chargeable under the head "salary" received by a person who, not being a citizen of
Pakistan, is engaged as an expert or technical, professional, scientific advisor or consultant or senior
management staff by institutions of the Agha Khan Development Network, (Pakistan) listed in
Schedule I of the Accord and Protocol dated, November 13, 1994 executed between the Government of the
Islamic Republic of Pakistan and Agha Khan Development Network.
(4) Any income chargeable under the head “salary” received by
(a) a Pakistani seafarer, working on Pakistan flag vessels for one hundred and eighty three days or
more during a tax year; or
(b) a Pakistani seafarer working on a foreign vessel provided that such income is remitted to Pakistan,
not later than two months of the relevant 3[tax year], through normal banking channels.
(5) Any allowance or perquisite paid or allowed as such outside Pakistan by the Government to a citizen
of Pakistan for rendering service outside Pakistan.
4[(6) * * * * * *
1 Omitted by the Finance Act, 2003.
2 Omitted by the Finance Act, 2008, s.18(36)(a)(i).
3 Subs by the Finance Act, 2014, s.7(40)(I)(a).
4 Clause (6) omitted by the Finance Act, 2008, s.18(36)(a)(i).
350
1[(7) * * * * * * *
(8) Any pension received by a citizen of Pakistan from a former employer, other than where the person
continues to work for the employer (or an associate of the employer).
Provided that where the person receives more than one such pension, the exemption applies only to the
higher of the pensions received.
2[(9) Any pension –
(i) received in respect of services rendered by a member of the Armed Forces of Pakistan or Federal
Government or a Provincial Government;
(ii) granted under the relevant rules to the families and dependents of public servants or members of
the Armed Forces of Pakistan who die during service.]
3[(10) * * * * * * *
2[(11) * * * * * * *
(12) Any payment in the nature of commutation of pension received from Government or under any
pension scheme approved by the 4[Board] for the purpose of this clause.
(13) Any income representing any payment received by way of gratuity or commutation of pension by
an employee on his retirement or, in the event of his death, by his heirs as does not exceed –
1 Clause (7) omitted by Finance Act, 2002, s.8 (92)(a).
2 Subs by the Finance Act, 2006, s.17(31)(i)(b).
3 Clauses (10 & (11) omitted ibid, s. 17(31)(m).
4 Subs for the words “Central Board of Revenue” by the Finance Act, 2007, s.20(1)(d)(IB).
351
(i) in the case of an employee of the Government, a 1[Local Government], a statutory body or
corporation established by any law for the time being in force, the amount receivable in
accordance with the rules and conditions of the employee‘s services;
(ii) any amount receivable from any gratuity fund approved by the Commissioner in accordance with
the rules in Part III of the Sixth Schedule;
(iii) in the case of any other employee, the amount not exceeding two hundred thousand rupees
receivable under any scheme applicable to all employees of the employer and approved by the
2[Board] for the purposes of this subclause; and
(iv) in the case of any employee to whom subclause (i), (ii) and (iii) do not apply, fifty per cent of the
amount receivable or seventyfive thousand rupees, whichever is the less:
Provided that nothing in this subclause shall apply –
(a) to any payment which is not received in Pakistan;
(b) to any payment received from a company by a director of such company who is not a
regular employee of such company;
(c) to any payment received by an employee who is not a resident individual; and to any
gratuity received by an employee who has already received any gratuity from the same or
any other employer.
3[(14) * * * * * * *
1 Subs by the Finance Act, 2008, s. 18(34).
2 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
3 Clauses (14) and (15) omitted by the Finance Act, 2006, s.17(31)(m).
352
2[(15) * * * * * * *
(16) Any income derived by the families and dependents of the "Shaheeds" belonging to Pakistan Armed
Forces from the special family pension, dependents pension or children's allowance granted under the
provisions of the Joint Services Instruction No. 5/66.
(17) Any income derived by the families and dependents of the "Shaheeds" belonging to the Civil Armed
Forces of Pakistan to whom the provisions of the Joint Services Instruction No. 5/66 would have applied had
they belonged to the Pakistan Armed Forces from any like payment made to them.
1[(18) * * * * * * *
(19) Any sum representing encashment of leave preparatory to retirement of a member of the Armed
Forces of Pakistan or an employee of the Federal Government or a Provincial Government.
2[(20) * * * * * * *
3[(21) * * * * * * *
(22) Any payment from a provident fund to which the Provident Funds Act, 1925 (XIX of 1925) applies.
(23) The accumulated balance due and becoming payable to an employee participating in a recognized
provident fund.
4[(23A) the accumulated balance upto 5[50]% received from the voluntary pension system offered
by a pension fund manager under the Voluntary Pension System Rules, 2005 at the time of eligible person‘s
(a) retirement; or
(b) disability rendering him unable to work; or
1 Clause (18) omitted by the Finance Act, 2006, s.17(31)(m).
2 Clause (20) omitted by the Finance Act, 2015, s.9(65)(A)(i)(w.e.f.1.7.2015)
3 Clause (21) omitted by the Finance Act, 2008.
4 Clause (23A) ins by the Finance Act, 2006, s.17(31)(m).
5 Subs by the Finance Act, 2009, s.5(52)(a)(i).
353
(c) death by his nominated survivors.]
1[(23B) The amounts received as monthly installment from an income payment plan invested out of
the accumulated balance of an individual pension accounts with a pension fund manager or an approved
annuity plan or another individual pension account of eligible person or the survivors pension account
maintained with any other pension fund manager as specified in the Voluntary Pension System Rules 2005
shall be exempt from tax provided accumulated balance is invested for a period of ten years:
Provided that where any amount is exempted under this clause and subsequently it is discovered, on
the basis of documents or otherwise, by the Commissioner that any of the conditions specified in this clause
were not fulfilled, the exemption originally allowed shall be deemed to have been wrongly allowed and the
Commissioner may, notwithstanding anything contained in this Ordinance, recompute the tax payable by the
taxpayer for the relevant years and the provisions of this Ordinance shall, so far as may be, apply
accordingly.]
2[(23C) Any withdrawal of accumulated balance from approved pension fund that represent the transfer
of balance of approved provident fund to the said approved pension fund under the Voluntary Pension System
Rules, 2005.]
(24) Any benevolent grant paid from the Benevolent Fund to the employees or members of their families
in accordance with the provisions of the Central Employee Benevolent Fund and Group Insurance Act, 1969.
(25) Any payment from an approved superannuation fund made on the death of a beneficiary or in lieu of
or in commutation of any annuity, or by way of refund of contribution on the death of a beneficiary 3[.]
4[(i), (ii) and (iii) * * * * * * *]
(26) Any income of a person representing the sums received by him as a worker from out of the Workers
Participation Fund established under the Companies Profits (Workers Participation) Act, 1968 (XII of 1968).
1 Ins by the Finance Act, 2012, s.15(57)(I)(a).
2 Ins by the Finance Act, 2012.
3 Added by the Finance Act,2008, s.18(36)(a)(ii).
4 Subclauses (i), (ii), (iii) and (iv) omitted ibid, s.18(36)(a)(ii).
354
1(27), (28), (29), (30),(31) and (32) * * * * * * *
2(33) and (34) * * * * * * *
3(35) * * * * * * *
4(36) * * * * * * *
5(37) * * * * * * *
6(38) * * * * * * *
(39) Any special allowance or benefit (not being entertainment or conveyance allowance) or other
perquisite within the meaning of section 12 specially granted to meet expenses wholly and necessarily
incurred in the performance of the duties of an office or employment of profit.
(40) Any income of a newspaper employee representing Local Traveling Allowance paid in accordance
with the decision of the Third Wage Board for Newspaper Employees constituted under the Newspaper
Employees (Conditions of Service) Act, 1973, published in Part II of the Gazette of Pakistan, Extraordinary,
dated the 28th June, 1980.
7(41) * * * * * * *
8(42),(43), (44), (45), (46),(47), (48) and (49) * * * * * * *
9(50) * * * * * * *
(51) The perquisite represented by the right of the President of Pakistan, the Provincial Governors and the
Chiefs of Staff, Pakistan Armed Forces to occupy free of rent as a place of residence any premises provided
by the Government.
1 Clauses (27), (28), (29), (30), (31)and (32) omitted by the Finance Act, 2002,s.8(92)(a)(ii).
2 Clauses 933) and (34) omitted by the Finance Act, 2003.
3 Clauses (35) omitted by the Finance Act, 2014, s.7(40)(I)(b).
4 Clause (36) omitted by the Finance Act, 2003, s.12(116)(a).
5 Clause (37) omitted by the Finance Act, 2002, s.8(92)(a)(iii).
6 Clause (38) omitted by the Finance Act, 2006, s.17(31)(m).
7 Clause (41) omitted by the Finance Act, 2003, s.12(116)(a).
8 Clauses (42), (43), (44), (45), (46), (47), (48) and (49) omitted by the Finance Act, 2006, s.17(31)(m).
9 Clause (50) omitted by the Finance Act, 2003, s.12(116)(a).
355
(52) The perquisite represented by free conveyance provided and the sumptuary (entertainment)
allowance granted by Government to Provincial Governors, the Chiefs of Staff, Pakistan Armed Forces and
the Corps Commanders.
(53) The following perquisites and allowances provided or granted by Government to the Ministers
of the Federal Government, namely:
(a) rentfree accommodation in so far as the value thereof exceeds ten per cent of the basic
salary of the Ministers concerned;
(b) houserent allowance paid by Government in lieu of rentfree accommodation in so far as it
exceeds five hundred and fifty rupees per month;
(c) free conveyance; and
(d) sumptuary allowance.
1[(53A) The following perquisites received by an employee by virtue of his employment, namely:
2[(i)] * * * * * * *
(ii) free or subsidized food provided by hotels and restaurants to its employees during duty
hours;
(iii) free or subsidized education provided by an educational institution to the children of its
employees;
(iv) free or subsidized medical treatment provided by a hospital or a clinic to its employees; and
(v) any other perquisite or benefit for which the employer does not have to bear any marginal cost, as
notified by the 3[Board].]
1 Ins by the Finance Act, 2005, s.8(46)(i)(a).
2 Subclause (i) omitted by the Finance Act, 2013, s.7(49)(a)(i).
3 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
356
1(54) * * * * * * *
(55) The perquisites represented by the right of a judge of the Supreme Court of Pakistan or of a judge of
High Court to occupy free of rent as a place of residence any premises provided by Federal or Provincial
Government, as the case may be, or in case a judge chooses to reside in a house not provided by Government,
so much of income which represents the sum paid to him as house rent allowance.
(56) The following perquisites, benefits and allowances received by a Judge of Supreme Court of
Pakistan and Judge of High Court, shall be exempt from tax.
(1) (a) Perquisites and benefits derived 2[from] use of official car maintained at Government
expenses.
(b) Superior judicial allowance payable to a Judge of Supreme Court of Pakistan and Judge of a High
Court.
(c) Transfer allowance payable to a Judge of High Court.
(2) The following perquisites of the Judge of Supreme Court of Pakistan and Judge of High Court shall
also be exempt from tax during service, and on or after retirement.
(a) The services of a driver and an orderly.
(b) 1000 (one thousand) free local telephone calls per month.
(c) 1000 units of electricity as well as (25 hm3 of gas) per month and free supply of water; and
(d) 200 liters of petrol per month.
(3) If during service, a judge dies, exemption from tax in respect of benefits and perquisites provided to
widow as mentioned in subclause (2) shall also be available to the widow.
1 Clause (4) omitted by the Finance Act, 2002.
2 Subs by the Finance Act, 2005, s.8(46)(b).
357
(57) (1) Any income from voluntary contributions, house property and investments in securities of the
Federal Government derived by the following, namely:
(i) National Investment (Unit) Trust of Pakistan established by the National Investment Trust Limited,
if not less than ninety per cent of its Units at the end of that year are held by the public and not
less than ninety per cent of its come of the year is distributed among the Unitholders;
(ii) Any Mutual Fund approved by the 1[Securities and Exchanges commission of Pakistan] and set up
by the Investment Corporation of Pakistan, if not less than ninety per cent of its Certificates at the
end of that year are held by the public and not less than ninety per cent of its income of that year
is distributed among the Certificate holders; and
(iii) Sheikh Sultan Trust, Karachi.
(2) Any income 2[other than capital gain on stock and shares of public company, PTC
vouchers, modaraba certificates, or any instrument of redeemable capital and derivative products held
for less than 12 months] derived by any Mutual Fund, investment company, or a collective investment scheme
3[or a 4[REIT Scheme] 5[or Private Equity and Venture Capital Fund]] 6[ ] or the National Investment (Unit)
Trust of Pakistan established by the National Investment Trust Limited from any instrument of
redeemable capital as defined in the Companies Ordinance, 1984 (XLVII of 1984), if not less than ninety per
cent of its income of that year is distributed amongst the Unit holders.
(3) Any income of the following funds and institution, namely:
(i) a provident fund to which the Provident Funds Act, 1925 (XIX of 1925), applies;
(ii) trustees on behalf of a recognized provident fund or an approved superannuation fund or an
approved gratuity fund;
(iii) a benevolent fund or group insurance scheme approved by the 7[Board] for the purposes of this
clause;
1 Subs by the Finance Act, 2002, s.8(92)(v).
2 Ins by the Finance Act, 2010, s.8(72)(i)(a)(i).
3 Ins by the Finance Act, 2006, s.17(31)(d)(i).
4 Subs by the Finance Act, 2008, s.18(36)(a)(iii)(a)(i).
5 Ins by the Finance Act,2007, s.20(34)(i)(a).
6 Omitted by the Finance Act, 2008, s.18(36)(a)(iii)(b).
7 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
358
(iv) Service Fund;
(v) Employees Old Age Benefits Institution established under the Employees Old Age Benefit Act,
1976 (XIV of 1976);
(vi) any Unit, Station or Regimental Institute; and
(vii) any recognized Regimental Thrift and Savings Fund, the assets of which consist solely of deposits
made by members and profits earned by investment thereof;
1[(viii) a Pension Fund approved by the Securities and Exchange Commission of Pakistan under
the Voluntary Pension System Rules, 2005;
(ix) any profit or gain or benefit derived by a pension fund manager from a pension Fund approved
under the Voluntary Pension System Rules, 2005, on redemption of the seed capital invested in
pension fund as specified in the Voluntary Pension System Rules,2005 2[;] ]
3[(x)]* * * * * * *
4[(xi) International Irrigation Management Institute.]
5[(xii) Punjab Pension Fund established under the Punjab Pension Fund Act, 2007 (I of 2007) and the
trust established thereunder.]
6[(xiii) Sindh Province Pension Fund established under the Sindh Province Pension Fund Ordinance,
2002.]
7[(xiv) Punjab General Provident Investment Fund established under the Punjab General provident
Investment Fund Act, 2009(V of 2009) and the trust established thereunder.]
1 Added by the Finance Act, 2005, s.8(46)(c ).
2 Subs by the Finance Act, 2006, s.17(31)(d)(ii).
3 Omitted by the Finance Act, 2008, s.18(36)(a)(iii)(ii).
4 Ins by S.R.O.1038(I)/2006, dated 09.10.2006.
5 Added by the Finance Act, 2010, s.8(72)(i)(a)(ii).
6 Added by the Finance Act, 2014, s.7(40)(I)(c ).
7 Added by the Finance Act, 2015, s.9(65)(ii) (w.e.f.1.7.2015)
359
Explanation.—For the purpose of this clause, "Service Fund" means a fund which is established under the
authority, or with the approval of the Federal Government for the purpose of —
(a) securing deferred annuities to the subscribers of payment to them in the event of their leaving the
service in which they are employed; or
(b) making provision for their wives or children after their death; or
(c) making payment to their estate or their nominees upon their death.
1(58), (58A), (59) and (60)* * * * * * *
(61) 2[Any] amount paid as donation to the following institute ion, foundations, societies, boards, trusts
and funds, namely: —
(i) any Sports Board or institution recognized by the Federal Government for the purposes of
promoting, controlling or regulating any sport or game;
3[(ia) The Citizens Foundation;]
4(ii) * * * * * * *
(iii) Fund for Promotion of Science and Technology in Pakistan;
(iv) Fund for Retarded and Handicapped Children;
(v) National Trust Fund for the Disabled;
3(vi) * * * * * * *
(vii) Fund for Development of Mazaar of Hazarat Burri Imam;
1 Clauses (58), (58A), (59) and (60) omitted by the Finance Act, 2014, s.7(40)(I)(d).
2 Subs by the Finance Act, 2005, s.8(46)(d)(i).
3 Ins by the Finance Act, 2012, s.15(57)(I)(b).
4 Omitted by the Finance Act, 2005, s.8(46)(d)(ii).
360
(viii) RabitaeIslami's Project for printing copies of the Holy Quran;
(ix) Fatimid Foundation, Karachi;
(x) AlShifa Trust;
1(xi) * * * * * * *
(xii) Society for the Promotion of Engineering Sciences and Technology in Pakistan;
2(xiii) to (xx)* * * * * * *
3(xxi) to (xxii)* * * * * * *
(xxiii) CitizensPolice Liaison Committee, Central Reporting Cell, Sindh Governor House, Karachi;
(xxiv) ICIC Foundation;
4(xxvi) * * * * * * *
(xxvi) National Management Foundation;
(xxvii) Endowment Fund of the institutions of the Agha Khan Development Network (Pakistan listed
in Schedule 1 of the Accord and Protocol, dated November 13, 1994, executed between the
Government of the Islamic Republic of Pakistan and Agha Khan Development Network;
(xxviii) Shaheed Zulfiqar Ali Bhutto Memorial Awards Society;
(xxix) Iqbal Memorial Fund;
1 Subclause (xi) omitted by the Finance Act, 2011, s.6(33)(i)(a).
2 Subclauses (xiii), (xiv), (xv), (xvi), (xvii), (xviii), (xix) and (xx) omitted by the Finance Act, 2005, s.8(46)(d)(ii).
3 Subclauses (xxi) and (xxii) omitted by the Finance Act, 2006, s.17(31)(m).
4 Subclauses (xxvi) omitted by the Finance Act, 2011, s.6(33)(i)(a).
361
(xxx) Cancer Research Foundation of Pakistan, Lahore; (xxxi) Shaukat Khanum Memorial Trust,
Lahore;
(xxxii) Christian Memorial Hospital, Sialkot;
(xxxiii) National Museums, National Libraries and Monuments or institutions declared to be National
Heritage by the Federal Government;
(xxxiv) Mumtaz Bakhtawar Memorial Trust Hospital, Lahore;
(xxxv) Kashmir Fund for Rehabilitation of Kashmir Refugees and Freedom Fighters;
(xxxvi) Institutions of the Agha Khan Development Network (Pakistan) listed in Schedule 1 of the
Accord and Protocol, dated November 13, 1994, executed between the Government of the Islamic
Republic of Pakistan and Agha Khan Development Network;
(xxxvii) Azad Kashmir President's Mujahid Fund, 1972; National Institute of Cardiovascular Diseases,
(Pakistan) Karachi; Businessmen Hospital Trust, Lahore; Premier Trust Hospital, Mardan; Faisal
Shaheed Memorial Hospital Trust, Gujranwala; KhairunNisa Hospital Foundation, Lahore; Sind
and Balochistan Advocates' Benevolent Fund; Rashid Minhas Memorial Hospital Fund;
(xxxviii) Any relief 1[or] welfare fund established by the Federal Government;
(xxxix) Mohatta Palace Gallery Trust; 2[*]
3[(xl)] BagheQuaideAzam project, Karachi 4[; 5[*]]
1 Subs by the Finance Act, 2005, s.8(46)(d)(iii).
2 The word “and” omitted by S.R.O.701(I)/2004, dated 16.08.2004
3 Subs by S.R.O.701(I)/2004, dated 16.08.2004
4 Subs ibid
5 The word “and” omitted by S.R.O.990(I)/2004, dated 16.08.2004
362
1[(xli) Any amount donated for TameereKarachi Fund 2[:]]
3[Provided that the amount so donated shall not exceed—
(a) in case of an individual or association of persons, thirty per cent of the taxable income of the
person for the year; and
(b) in case of a company, 4[twenty] per cent of the taxable income of the person for the year
5[;and]]
6[(xlii) Pakistan Red Crescent Society;]
7[(xliii) Bank of Commerce and Credit International Foundation for Advancement of Science and
Technology;]
8[(xliv) Any amount donated to Federal Board of Revenue Foundation.]
9[(xlv) The Indus Hospital, Karachi.]
10(62) * * * * * * *
11(63) * * * * * * *
12(63A) and (63B) * * * * * * *
13(64) * * * * * * *
1 Added by S.R.O.701(I)/2004, dated 16.08.2004
2 Subs by the Finance Act, 2005.
3 Added ibid, s.8(46)(d)(iv).
4 Subs by the Finance Act, 2009, s.5(52)(a)(ii).
5 Subs by S.R.O.990(I)/2011, dated 18.10.2011
6 Ins by S.R.R. 1125(I)/2005, dated 10.11.2005
7 Added by S.R.O.990(I)/2004, dated 18.10.2011
8 Added by S.R.O.3830(I)/2012, dated 18.04.202012
9 Added by the Finance Act, 2015, s.9(65)(iii)(w.e.f 01.7.2015).
10 Clause (62) omitted by the Finance Act, 2008, s.18(36)(a)(iv).
11 Clause (63) by the Finance Act, 2006, s.18(17)(31)(m).
12 Clauses (63A) and (63B) omitted by the Finance Act, 2008, s.17(36)(a)(iv).
13 Clause (64) omitted by the Finance Act, 2002.
363
1[(64A) Any amount donated to the Prime Minister‘s Special Fund for victims of terrorism.]
2[(64B) Any amount donated to the Chief Minister‘s (Punjab) Relief Fund for Internally Displaced
Persons (IDPs) of NWFP.]
3[(64C) Prime Minister‘s Flood Relief Fund 2010 and Provincial Chief Ministers’ Relief Funds, for
victims of flood 2010.]
(65) Any income derived from donations made by nonofficial or private sector sources in Pakistan to
the Waqf for Research on Islamic History, Art and Culture, Istanbul set up by the Research Centre for Islamic
History, Art and Culture (IRCICA).
4[(65A) Income for any tax year commencing from the tax year 2003, derived from the Welfare Fund
created under rule26 of the Emigration Rules, 1979 (made under section 16 of the Emigration Ordinance,
1979 (XVIII of 1979), except the income generated by the aforesaid Fund through commercial activities.]
5[(66) Any income derived by—
i. Abdul Sattar Edhi Foundation, Karachi;
ii. AlShifa Trust, Rawalpindi.
iii. Bilquis Edhi Foundation, Karachi.
iv. Fatimid Foundation, Karachi.
6(v)* * * * * * *
vi. International Islamic Trade Finance Corporation”.
vii. Islamic Corporation for Development of Private Sector;
1 Ins. by S.R.O. 389(I)/2009, dated 19.05.2009
2 Ins. by S.R.O. 576(I)/2009, dated 18.06.2009
3 Ins. by S.R.O. 755(I)/2010, dated 09.08.2011
4 Serial No. (65A) ins. by S.R.O. 819(I)/2002, dated 04.07.2012
5 Clause (66) subs. by the Finance Act, 2006, s.17(31)(c ).
6 Clause (v) omitted by the Finance Act, 2014 , s.7(40)(I)(e)(i).
364
viii. National Memorial BabePakistan Trust for the assessment year commencing on or after the 1st
day of July, 1994.
ix. Pakistan Agricultural Research Council, Islamabad.
x. Pakistan Engineering Council;
xi. The corporatized entities of Pakistan Water and Power Development Authority from the date of
their creation upto the date of completion of the process of corporatization i.e. till the tariff is
notified.
xii. The Institution of Engineers, Pakistan, Lahore.
1[(xiia) The Prime Minister‘s Special Fund for victims of terrorism.]
2[(xiib) Chief Minister’s (Punjab) Relief Fund for Internally Displaced Persons (IDPs) of NWFP.]
xiii. The Institutions of the Agha Khan Development Network (Pakistan) as contained in Schedule 1
of the Accord and Protocol, dated November 13, 1994, executed between the Government of the
Islamic Republic of Pakistan and the Agha Khan Development Network.
xiv. The Liaquat National Hospital Association, Karachi.
xv. The Pakistan Council of Scientific and Industrial Research.
xvi. The Pakistan Water and Power Development Authority established under the Pakistan Water and
Power Development Authority Act, 1958 (W. P. Act XXXI of 1958).]
3[xvii. WAPDA First Sukuk Company Limited.]
4[xviii. Micro Finance Banks for a period of five years starting from first day of July 2007:
1 Ins by S.R.O.390(I)/2009, dated 19.05.2009
2 Ins by S.R.O.576(I)/2009, dated 18.06.2009
3 Ins by S.R.O.864 (I)/2006, dated 22.08.2006
4 Added by the Finance Act, 2007, s.20(34)(i)(b).
365
Provided such banks shall not issue dividends to their share holders and their profit and gain (if
any) shall be utilized for Micro Finance Operations only.]
1[(xix) Pension of a former President of Pakistan and his widow under the President Pension Act,
1974 (IX of 1975).
(xx) State Bank of Pakistan and State Bank of Pakistan Banking Services Corporation.]
2[(xxi) International Finance Corporation established under the International Finance Corporation
Act, 1956 (XXVIII of 1956) and provided in section 9 of Article VI of Articles of Agreement 1955
as amended through April 1993.]
3[(xxii) Pakistan Domestic Sukuk Company Ltd.]
4[(xxiii) The Asian Development Bank established under the Asian Development Bank Ordinance,
1971 (IX of 1971).]
5[(xxiv) The ECO Trade and Development Bank.]
6[7[(xxv)] The Islamic Chamber of Commerce and Industry under the Organization of Islamic
Conference (OIC).]
8[8[(xxvi)] Commission on Science and Technology for Sustainable Development in the South
(COMSATS) formed under International Agreement signed on 5th October, 1994.]
9[8[(xxvii)] WAPDA on issuance of twenty billion rupees TFC’s / SUKUK certificates for
consideration of Diamer Bhasha Dam Projects.]
1 Added by the Finance Act, 2008, s.18(36)(a)(v).
2 Added by S.R.O. 767(I)/2008, dated 21.07.2008.
3 Added by S.R.O. 772(I)/2008, dated 22.07.2008.
4 Added by S.R.O. 1012(I)/2008, dated 23.09.2008.
5 Added by S.R.O. 810(I)/2009, dated 19.09.2009.
6 Added by S.R.O. 833(I)/2009, dated 29.09.2009.
7 Clause (xxiv), occurring for the second time, clause (xxv), clause (xxix), clause (xxviii), occurring thrice and clause (xxix) renumbered as clauses (xxv), (xxvii), (xxix), (xxx) and (xxxi) by the
Finance Act, 2014, s.7(40)(I)(e)(ii).
8 Added by S.R.O. 833(I)/2009, dated 29.09.2009
9 Ins. by S.R.O. 119(I)/2011, dated 14.02.2011
366
1[8[(xxviii)] Federal Board of Revenue Foundation.]
2[3[(xxix)] WAPDA Second Sukuk Company Limited.]
4[2[(xxx)] The Citizens Foundation.]
5[2[(xxxi)] Sindh Institute of Urology and Transplantation, SIUT Trust and Society for Welfare of
Patients of SIUT.]
6[7[(xxx)] Greenstar Social Marketing Pakistan (Guarantee) Limited.]
5[(xxxiii) The Indus Hospital, Karachi.”]
8(67),(68), (69),(70) and (71)* * * * * * *
9[(72) Any profit on debt payable to a nonresident person,
(i) in respect of such private loan to be utilized on such project in Pakistan as may be approved by the
Federal Government for the purposes of this clause, having regard to the rate of profit and the
terms of repayment of the loan and the nature of project on which it is to be utilized;
(ii) on a loan in foreign exchange against export letter of credit which is used exclusively for export of
goods manufactured or processed for exports in Pakistan 10[.]
11[(iii) being a foreign individual, company, firm or association of persons in respect of a foreign loan
as is utilized for industrial investment in Pakistan provided that the agreement for such loan is
concluded on or after the first day of February, 1991, and is duly registered with the State Bank
of Pakistan:
1 Added by S.R.O. 383(I)/2012, dated 18.04.2012
2 Added by S.R.O. 463(I)/2012, dated 28.04.2012.
3 Clause (xxix), renumbered as clauses (xxv), (xxvii), (xxix), (xxx) and (xxxi) added by Finance Act, 2014, s.7(40)(I)(e)(ii).
4 Added by the Finance Act, 2012, s.15(57)(I)(c ).
5 Added by S.R.O. 1225(I)/2012, dated 01.10.2012.
6 Renumbered, Added by Finance Act, 2014, s.7(40)(I)(e)(iii).
7 Renumbered by the Finance Act, 2015, s.9965)(A)(iv)(a).
8 Clauses (67), (68), (69), (70), (71) and (71A)omitted by the Finance Act,2006,s.17(31)(m).
9 Subs ibid, s.17(31)(m).
10 Subs by the Finance Act, 2008, s.18(36)(a)(vii).
11 Added by the Finance Act, 2010, s.8(72)(b).
367
Provided that this clause shall have retrospective effect of exemption to the agreements entered
into in the past and shall not be applicable to new contracts after the 30th day of June, 2010,
prospectively.]
1[(73) * * * * * * *]
(74) Any profit on debt derived by Hub Power Company Limited on or after the first day of July, 1991, on
its bank deposits or accounts with2[financial institutions] directly connected with financial transactions
relating to the project operations.
3[(74A) * * * * * * *]
(75) Any income of an agency of a foreign Government, a foreign national (company, firm or association
of persons), or any other nonresident person approved by the Federal Government for the purposes of this
clause, from profit on moneys borrowed under a loan agreement or in respect of foreign currency instrument
approved by the Federal Government.
4[(76) * * * * * * *]
5[(77) * * * * * * *]
(78) Any profit on debt derived from foreign currency accounts held with authorized banks in
Pakistan, 6[or certificate of investment issued by investment banks] in accordance with Foreign Currency
Accounts Scheme introduced by the State Bank of Pakistan, by citizens of Pakistan and foreign nationals
residing abroad, foreign association of persons, companies registered and operating abroad and foreign
nationals residing in Pakistan.
1 Clause (73) omitted by the Finance Act, 2006, s.17(31)(m).
2 Subs by the Finance Act, 2005, s.8(46)(e).
3 Clause (74A) omitted by the Finance Act, 2011, s.6(33)(i)(b).
4 Clause (76) omitted by the Finance Act, 2006, s.17(31)(m).
5 Omitted by the Finance Act, 2008, s.18(36)(a)(vii).
6 Ins by the Finance Act, 2004, s.6(39)(a)(i).
368
(79) Any profit on debt derived from a rupee account held with a scheduled bank in Pakistan by a
citizen of Pakistan residing abroad, where the deposits in the said account are made exclusively from foreign
exchange remitted into the said account.
(80) Any income derived from a private foreign currency account held with an authorized bank in
Pakistan, 1[or certificate of investment issued by investment banks] in accordance with the Foreign Currency
Accounts Scheme introduced by the State Bank of Pakistan, by a resident individual who is a citizen of
Pakistan:
2[(81) * * * * * * *]
3[(81A) * * * * * * *]
4[(82)and (83) * * * * * * *]
5[(84) * * * * * * *]
6[(85) and (86) * * * * * * *]
7[(87)* * * * * * *]
8[(88)] * * * * * * *]
9[(88A) * * * * * * *]
(90) Any profit on debt payable by an industrial undertaking in Pakistan —
(i) on moneys borrowed by it under a loan agreement entered into with any such financial institution
in a foreign country as may be approved in this behalf by the Federal Government by a general or
special order; and
1 Ins by the Finance Act, 2004.
2 Clause (81) omitted ibid
3 Clause (81A) omitted by the Finance Act, 2014, s.7(40)(I)(f).
4 Clauses (82) and (83) omitted by the Finance Act, 2008, s.18(36)(a)(vii).
5 Clause (84) omitted by the Finance Act, 2004, s.6(39)(iv).
6 Clause (85) and (86) omitted by the Finance Act, 2002, s.8(92)(x).
7 Clause (87) omitted by the Finance Act, 2003, s.12(116)(e).
8 Clause (88) omitted by the Finance Act, 2004, s.6(39)(v).
9 Clause (88A) omitted by the Finance Act, 2014, s.7(40)(I)(f).
369
(ii) on moneys borrowed or debts incurred by it in a foreign country in respect of the purchase outside
Pakistan of capital plant and machinery in any case where the loan or debt is approved by the
Federal Government, having regard to its terms generally and in particular to the terms of its
payment, from so much of the tax payable in respect thereof as exceeds the tax or taxes on
income paid on such interest in the foreign country from which the loan emanated or in which the
debt was incurred (hereinafter referred to as the `said country'):
Provided that, where the amount of such tax or taxes paid in the said country exceeds the amount
of the tax payable in Pakistan, no refund of the amount paid in excess shall be allowed:
Provided further that, where the said country exempts such interest or allows credit against its
own tax for the tax which would have been payable in Pakistan if the said interest were liable to
tax in Pakistan, no tax shall be payable in Pakistan in respect of such interest.
(91) Any income of a textbook board of a Province established under any law for the time being in force,
accruing or arising from the date of its establishment.
1[(92) * * * * * * *]
2[(92A) * * * * * * *]
3[(93) * * * * * * *]
4[(93A) * * * * * * *]
5[(94) * * * * * * *]
1 Clause (92) omitted by the Finance Act, 2013, s.7(49)(a)(iii).
2 Clause (92A) omitted by Finance Act, 2014, s.7(40)(I)(f).
3 Clause (93) omitted by Finance Act, 2011, s.6(33)(i)(c ).
4 Clause (93A) omitted by Finance Act, 2014, s.7(40)(I)(f).
5 Clause (94) omitted by Finance Act, 2002, s.8(92)(x).
370
1[(95), (96) and (97) * * * * * * *]
(98) Any income derived by any Board or other organization established 2[* *] in Pakistan for the
purposes of controlling, regulating or encouraging major games and sports recognized by Government 3[:]
8[Provided that the exemption of this clause shall not be applicable to the Pakistan Cricket Board.]
4[(98A) * * * * * * *]
5[(99) Any income derived by a Collective Investment Scheme or a REIT Scheme, if not less than
ninety per cent of its accounting income of that year, as reduced by capital gains whether realized or
unrealized, is distributed amongst the unit or certificate holders or shareholders as the case may be 6[:
Provided that for the purpose of determining distribution of at least 90% of accounting income, the
income distributed through bonus shares, units or certificates as the case may be, shall not be taken into
account.]
Explanation.— For the purpose of this clause the expression “accounting income” means income
calculated under the generally accepted Accounting Principles and verified by the auditors.]
7[(99A) Profits and gains accruing to a person on sale of immovable property to a 8[REIT Scheme] upto
thirtieth day of June, 9[2015] 4[:]
10[Provided that profit and gains on sale of immovable property to a Developmental REIT scheme with
the object of development and construction of residential buildings shall be exempt upto thirtieth day of June,
2020.]
1 Clause (95), (96) and (97) omitted by Finance Act, 2006, s.17(31)(m).
2 The words “by Government” omitted by Finance Act, 2003, s.12(116)(g).
3 Full stop subs and thereafter the proviso added by Finance Act, 2008, s.18(36)(a)(viii).
4 Clause (98A) omitted by Finance Act, 2013, s.7(49)(a)(iii).
5 Clause (99) substituted by Finance Act, 2008, s.18(36)(a)(ix).
6 Full stop at the end substituted by a colon and a proviso added by Finance Act, 2014, s.7(40)(I)(g).
7 Ins. by the Finance Act, 2007, s.20(34)(i)(c ).
8 The words “read estate investment trust” substituted by the Finance Act, 2008, s.18(36)(a)(x).
9 The figure “2010” substituted by the Finance Act, 2010.
10 Subs & added by Finance Act, 2015 s.9 (65)(A)(v)(w.e.f. 1.7.2015).
371
(100) Any income, not being income from trading activity, of a modaraba registered under the
Modaraba Companies and Modaraba (Floatation and Control) Ordinance, 1980 (XXXI of 1980), for any
assessment year commencing on or after the first day of July, 1999 1[:]
Provided that not less than ninety per cent of its total profits in the year as reduced by the amount
transferred to a mandatory reserve, as required under the provisions of the said Ordinance or the rules made
2[thereunder, as are distributed amongst the shareholders]:
Provided further that with effect from the first day of July, 1999 for the purpose of determining the
distribution of ninety per cent profits, the profits distributed through bonus certificates or shares to the
certificate holders shall not be taken into account.
(101) Profits and gains derived between the first day of July, 2000 and the thirtieth day of June, 3[2024]
both days inclusive, by a venture capital company and venture capital fund registered under Venture Capital
Companies and Funds Management Rules, 2000 4[and a Private Equity and Venture Capital Fund].
5[(102) * * * * * * *]
6[(102A) Income of a person as represents a subsidy granted to him by the Federal Government for the
purposes of implementation of any orders of the Federal Government in this behalf.
7[(103) Any distribution received by a taxpayer from a collective investment scheme registered by the
Securities and Exchange Commission of Pakistan under the NonBanking Finance Companies and Notified
Entities Regulations, 2007, including National Investment (Unit) Trust or REIT Scheme or a Private Equity
and Venture Capital Fund out of the capital gains of the said Schemes or Trust or Fund 8[:] ]
1 Semicolon substituted by the Finance Act, 2003, s.12(116)(h)(i).
2 Subs by the Finance Act, 2003, s.12(116)(h)(ii).
3 Subs by the Finance Act, 2012, s.15(57)(I)(d).
4 Ins by the Finance Act, 2007, s.20(34)(i)(d).
5 Clause (102) omitted by the Finance Act, 2010, s. 8(72)(d).
6 Clause (102A) Ins by the Finance Act, 2006, s.17(31)(i).
7 Clause (103) subs by the Finance Act, 2008, s.18(36)(a)(xi).
8 Semicolon subs by the Finance Act, 2010, s.8(72)(e).
372
1[Provided that this exemption shall be available to only such mutual funds, collective investment schemes
that are debt or money market funds and these do not invest in shares.]
2[(103A) Any income derived from intercorporate dividend within the group companies entitled to
5[(103B) * * * * * * *]
(104) Any income derived by the Libyan Arab Foreign Investment Company being dividend of the Pak
Libya Holding Company.
(105) Any income derived by the Government of Kingdom of Saudi Arabia being dividend of the Saudi
Pak Industrial and Agricultural Investment Company Limited.
6[(105A)
Any income derived by Kuwait Foreign Trading Contracting and Investment Company or
Kuwait Investment Authority being dividend of the Pak Kuwait Investment Company in Pakistan from the
year of incorporation of Pak Kuwait Investment Company.]
7[(105B) Any income received by a taxpayer from a corporate agricultural enterprise, distributed as
dividend out of its income from agriculture.]
8[(106) and (106A)* * * * * * *]
(107) Any income derived by any subsidiary of the Islamic Development Bank wholly owned by it and set
up in Pakistan and engaged in owning and leasing of tankers.
9[(107A) Any income derived by the Islamic Development Bank from its operations in Pakistan in
connection with its social and economic development activities.]
1 Added ibid, s.8(72)(e).
2 Ins by the Finance Act, 2007, s.20(34)(i)(f).
3 Ins by the Finance Act, 2008, s.18(36)(a)(xii).
4 Ins by the Finance Act, 2015, s.9(65)(A)(vi) (w.e.f 01.07.2015).
5 Clause (103B) omitted by the Finance Act, 2013, s.7(49)(a)(iii).
6 Ins by S.R.O. 749(I)/2004, dated 30.08.2004
7 Clause (105B) ins by S.R.O. 106(I)/2008, dated 01.02.2008
8 Clauses (106) and (106A) omitted by the Finance Act, 2006, s.17(31)(m).
9 Ins by the Finance Act, 2011, s.6(33)(i)(d).
373
1[(108),(109) * * * * * * *]
2[(110) * * * * * * *]
3[(110A) * * * * * * *]
4[(110B) Any gain on transfer of a capital asset, being a membership right held by a member of an existing
stock exchange, for acquisition of shares and trading or clearing rights acquired by such member in new
corporatized stock exchange in the course of corporatization of an existing stock exchange.]
5[(111) * * * * * * *]
6[(112) * * * * * * *]
7[(113) * * * * * * *]
(114) Any income chargeable under the head "capital gains" derived by a person from an industrial
undertaking set up in an area declared by the Federal Government to be a "Zone" within the meaning of the
Export Processing Zones Authority Ordinance, 1980 (IV of 1980).
8[(114A) * * * * * * *]
9[(115) * * * * * * *]
10[(116) * * * * * * *]
(117) Any income derived by a person from plying of any vehicle registered in the territories of Azad
Jammu and Kashmir, excluding
1 Clauses (108) and (109) omitted by the Finance Act, 2003, s.12(116)(i).
2 Clause (110) omitted by the Finance Act, 2010, s.8(72)(g).
3 Clause (110A) omitted ibid, s.8(72)(h).
4 Ins by the Finance Act, 2007, s.20(34)(i)(g).
5 Clause (111) omitted by the Finance Act, 2010, s.8(72)(i).
6 Clause (112) omitted by the Finance Act, 2002.
7 Clause (113) omitted by the Finance Act, 2015, s.9(65)(A)(vii) (w.e.f.01.07.2015).
8 Clause (114A) omitted by the Finance Act, 2011, s.6(33)(i)(e).
9 Clause (115) omitted ibid.
10 Clause (116) omitted by the Finance Act, 2002, s.8(92)(xiv).
374
income arising from the operation of such vehicle in Pakistan to a person who is resident in Pakistan and
nonresident in those territories.
1[(118) * * * * * * *]
2[(119)* * * * * * *]
3[(120)] * * * * * * *]
4[(121), (122), (123), (124)and (125) * * * * * * *]
5[(126) Any income of a public sector university established sololy for educational purposes and not for
the purposes of profit, with effect from the 1st day of July, 2013.]
6[(126A)
income derived by China Overseas Ports Holding Company Limited from Gwadar Port
operations for a period of 7[twenty three] years, with effect from the sixth day of February, 2007.]
8[(126B) Profit and gains derived by 9[Khalifa Coastal Refinery] for a period of twenty years beginning in
the month in which the refinery is setup or commercial production is commenced, which ever is the later.]
10[(126C) (1) Profits and gains derived by a taxpayer from an industrial undertaking set up in
Larkano Industrial Estate between the 1st
1 Clause (118) omitted ibid , s.8(92)(xv).
2 Clause (119) omitted ibid, s.8(92)(xiv).
3 Clause (120) omitted by the Finance Act, 2006, s.17(31)(m).
4 Clauses (121), (122), (123),(124) and (125) omitted by the Finance Act, 2002,s.8(92)(xiv).
5 Clause (126) subs by the Finance Act, 2014, s.7(40)(I)(h).
6 Clause (126A) subs ibid, s.7(40)(I)(i).
7 Subs by the Finance Act, 2015, s.9 (65)(A)(viii)(w.e.f.01.07.2015)
8 Ins by S.R.O.1100(I)/2007, dated 10.11.2007
9 Subs by S.R.O.1145(I)/2007, dated 23.11.2007
10 Ins by S.R.O.74(I)/2008, dated 10.07.2008
375
day of July, 2008 and the thirtieth day of June, 2013, both days inclusive, for a period of ten years beginning
with the month in which the industrial undertaking is set up or commercial production commenced, whichever
is the later.
(2) Exemption under this clause shall apply to an industrial undertaking which is owned and managed by a
company registered under the Companies Ordinance 1984 (XLVII of 1984) and formed exclusively for
operating the said undertaking.]
1[(126D) Profit and gains derived by a taxpayer from an industrial undertaking set up in the Gawadar
declared by the Federal Government to be a Zone within the meaning of Export Processing Zone Authority
Ordinance, 1980 (IV of 1980) as Export Processing Zone, Gawadar, for a period of ten years beginning with
the month and year in which the industrial undertaking is set up or commercial operation commenced,
whichever is later.]
2[(126E) Income derived by a zone enterprise as defined in the Special Economic Zones Act, 2012 (XX of
2012) for a period of ten years starting from the date the developer certifies that the zone enterprise has
commenced commercial operation and for a period of ten years to a developer of zone starting from the date
of signing of the development agreement in the special economic zone as announced by the Federal
Government.]
3[(126F) * * * * * * *]
4[(126G) Profits and gains derived for a period of five years from the date of start of commercial
production by the following companies from the projects mentioned against each that have been declared
‗Pioneer Industry‘ by Economic Coordination Committee of the Cabinet:
(i) M/s. Astro Plastics (Pvt) Limited from their Biaxially Oriented Polyethylene Terephthalate
(BOPET) Project; and
(ii) M/s. Novatex Limited from their Biaxially Oriented Polyethylene Terephthalate (BOPET)
Project.]
1 Ins by S.R.O. 606(I)/2009, dated 29.06.2009
2 Clause (126E) subs by the Finance Act, 2013, s.7(49)(a)(iv).
3 Clause (126F) omitted by the Finance Act, 2015, s.9(65)(A)(ix)(w.e.f.01.07.2015).
4 Added by S.R.O.281(I)/2014, dated 10.04.2014
376
1[(126H) Profits and gains derived by a taxpayer, from a fruit processing or preservation unit set up in
Balochistan Province, Malakand Division, Gilgit Baltistan and FATA between the first day of July, 2014 to the
thirtieth day of June, 2017, both days inclusive, engaged in processing of locally grown fruits for a period of
five years beginning with the month in which the industrial undertaking is set up or commercial
production is commenced, whichever is later.]
2[(126I) Profits and gains derived by a taxpayer, from am industrial undertaking set up by 31st day of
December, 2016 and engaged in the manufacture of plant, machinery, equipment and items with dedicated use
(no multiple uses) for generation of renewable energy from sources like solar and wind, for a period of five
years beginning from first day of July, 2015.
(126J) Profits and gains derived by a taxpayer, form an industrial undertaking set up between 1st day of
July, 2015 and 30th day of June, 2016 engaged in operating warehousing or cold chain facilities for storage of
agriculture produce for a period of three years beginning with the month in which the industrial undertaking is
set up or commercial operations are commenced, whichever is later.
(126K) Profits and gains derived by a taxpayer, from an industrial undertaking set up between the first day
of July, 2015 and the 30th day of June, 2017 for establishing and operating a halal meat production unit, for a
period of four years beginning with the month in which the industrial undertaking commences commercial
production. The exemption under this clause shall apply if the industrial undertaking is
(a) owned and managed by a company formed for operating the said halal meat production unit and
registered under the Companies Ordinance, 1984 (XLVII of 1984), and having its registered office
in Pakistan;
(b) not formed by the splitting up, or the reconstruction or reconstitution, of a business already in
existence or by transfer to a new business of any machinery or plant used in a business which was
being carried on in Pakistan at any time before the commencement of the new business; and
(c) halal meat production unit is established and obtains a halal certification within the period between
the first day of July, 2015 and the 30th day of June, 2017.
(126L) Profits and gains derived by a taxpayer, from an industrial undertaking set up in the Provinces of
Khyber Punkhtunkhwa and
1 Clause (126H) ins by the Finance Act, 2014,s.7(40)(i)(j).
2 Added by the Finance Act, 2015, s.9(65)(A)(x)(w.e.f.01.07.2015).
377
Baluchistan between 1st day of July, 2015 and 30th day of June, 2018 for a period of five years beginning
with the month in which the industrial undertaking is set up or commercial production is commenced,
whichever is later:
Provided that exemption under this clause shall be admissible where
(a) the industrial undertaking is setup between the first day of July, 2015 and 30th day of June, 2018,
both days inclusive; and
(b) the industrial undertaking is not established by the splitting up or reconstruction or reconstitution
of an undertaking already in existence or by transfer of machinery or plaint from an undertaking
established in Pakistan at any time before 1st July, 2015.
(126M) Profits and gains derived by a taxpayer from a transmission line project set up in Pakistan on or
after the 1st day of July, 2015 for a period of ten years. The exemption under this clause shall apply to such
project which is
(a) owned and managed by a company formed for operating the said project and registered under the
Companies Ordinance, 1984 (XLVII of 1984), and having its registered office in Pakistan;
(b) not formed by the splitting up, or the reconstruction or reconstitution, of a business already in
existence or by transfer to a new business of any machinery or plant used in a business which was
being carried on in Pakistan at any time before the commencement of the new business; and
(c) owned by a company fifty per cent of whose shares are not held by the Federal Government or
Provincial Government or a Local Government or which is not controlled by the Federal
Government or a Provincial Government or a Local Government:
Provided that the exemption under this clause shall not apply to projects set up on or after the thirtieth day
of June,
378
2018.
(126N) Profits and gains derived by a taxpayer from an industrial undertaking, duly certified by the
Pakistan Telecommunication Authority, engaged in the manufacturing of cellular mobile phones, for a period
of five years, from the month of commencement of commercial production:
Provided that the industrial undertaking has been set up and commercial production has commenced
between the first day of July, 2015 and the thirtieth day of June, 2017 and the industrial undertaking is not
formed by the splitting up, or the reconstruction or reconstitution, of a business already in existence or by
transfer to a new business of any machinery or plant used in a business which was being carried on in
Pakistan.”]
1[(127) and (128) * * * * * * *]
2[(129) * * * * * * *]
3[(130) * * * * * * *]
(131) Any income
(a) of company registered under the Companies Ordinance 1984 (XLVII of 1984), and having its
registered office in Pakistan, as is derived by it by way of royalty, commission or fees from a
foreign enterprise in consideration for the use outside Pakistan of any patent, invention, model,
design, secret process or formula or similar property right, or information concerning
industrial, commercial or scientific knowledge, experience or skill made available or provided to
such enterprise by the company or in the consideration of technical services rendered outside
Pakistan to such enterprise by the company under an agreement in this behalf, or
(b) of any other taxpayer as is derived by him, in the income year relevant to assessment year
beginning with the first day of July, 1982 and any assessment year
1 Clauses (127) and (128) omitted by the Finance Act, 2002, s.8(92)(xvi).
2 Clause (129) omitted by the Finance Act, 2003, s.12(1160(l).
3 Clause (130) omitted by the Finance Act, 2002, s.8(92)(xvi).
379
thereafter, by way of fees for technical services rendered outside Pakistan to a foreign enterprise
under an agreement entered into in this behalf :
Provided that—
(i) such income is received in Pakistan by or on behalf of the said company or other taxpayer, as the
case may be, in accordance with the law for the time being in force for regulating payments
and dealings in foreign exchange ; and
(ii) where any income as aforesaid is not brought into Pakistan in the year in which it is earned
and tax is paid thereon, an amount equal to the tax so paid shall be deducted from the tax payable
for the year in which it is brought into Pakistan and, where no tax is payable for that year or the
tax payable is less than the amount to be deducted, the whole or such part of the said amount as is
not deducted shall be carried forward and deducted from the tax payable for the year
next following and so on.
(132) Profits and gains derived by a taxpayer from an electric power generation project set up in Pakistan
on or after the 1st day of July, 1988. The exemption under this clause shall apply to such project which is—
(a) owned and managed by a company formed for operating the said project and registered under the
Companies Ordinance, 1984 (XLVII of 1984), and having its registered office in Pakistan;
(b) not formed by the splitting up, or the reconstruction or reconstitution, of a business already in
existence or by transfer to a new business of any machinery or plant used in a business
which was being carried on in Pakistan at any time before the commencement of the new
business; and
(c) owned by a company fifty per cent of whose shares are not held by the Federal Government or
Provincial
380
Government or a 1[Local Government] or which is not controlled by the Federal
Government or a Provincial Government or a 1[Local Government]:
Provided that the condition laid down in subclause (a) shall not apply to the Hub Power Company
Limited 2[:]
3[Provided further the exemption under this clause shall not apply to oil fired power plants setup
4[between 22nd October, 2002 and 30th June, 2006] 5[but shall apply to Dual Fuel (Oil/Gas) power projects
set up on or after the first September, 2005] 6[:] ]
7[Provided further that the exemption under this clause shall be available to companies registered in
Pakistan or Azad Jammu and Kashmir owning and managing Hydel Power Projects, set up in Azad Jammu and
Kashmir or Pakistan 8[:]]
9[Provided further that exemption under this clause shall also be available to the expansion projects of the
existing Independent Power Projects already in operation.]
10[(132A) Profit and gains derived by Bosicor Oil Pakistan Limited for a period of seven and half years
beginning from the day on which the refinery is set up or commercial production is commenced which ever is
later.]
11[(132B) Profits and gains derived by a taxpayer from a coal mining project in Sindh, supplying coal
exclusively to power generation projects.]
12[(133) Income from exports of computer software or IT services or IT enabled services upto the period
ending on 30th day of June, 2016.
1 Subs by the Finance Act, 2008,s. 18(34).
2 Subs by S.R.O.940(I)/2002, dated 19.12.2002
3 Ins by the Finance Act, 2007.
4 Subs by the Finance Act, 2006, s.17(31)(j).
5 Ins by S.R.O. 1009(I)/2005, dated 26.09.2005
6 Subs by the Finance Act, 2007, s.20(34)(i)(e).
7 Ins ibid, s.20(34)(i)(i)(a).
8 Subs by S.R.O.405(I)/2008, dated 26.04.2008
9 Added ibid
10 Added by S.R.O. 650(I)/2009, dated 09.07.2009
11 Clause (132B) ins by the Finance Act, 2014, s.7(40)(I)(k).
12 Clause (133) subs by the Finance Act, 2003, s.12(116)(m).
381
Explanation. For the purpose of this clause –
(a) “IT Services” include software development, software maintenance, system integration, web
design, web development, web hosting, and network design, and
(b) “IT enabled services” include inbound or outbound call centres, medical transcription, remote
monitoring, graphics design, accounting services, HR services, telemedicine centers, data entry
operations 1[, locally produced television programs] and insurance claims processing.]
2[(133A) * * * * * * *]
3[(134) * * * * * * *]
4[(135) * * * * * * *]
5[(135A) Any income derived by a nonresident from investment in OGDCL exchangeable bonds
issued by the Federal Government.]
(136) Any income of a special purpose vehicle as defined in the Asset Backed Securitization Rules, 1999
made under the Companies Ordinance, 1984 (XLVII of 1984):
Provided that, if there is any income which accrues or arises in the accounts of the special purpose
vehicle, after completion of the process of the securitization, it shall be returned to the Originator as defined
by the said rules within the income year next following the year in which the income has been determined and
such income shall be taxable in the hands of the Originator.
6[(137) * * * * * * *]
7[(138) * * * * * * *]
1 Ins by the Finance Act, 2006, s.17(31)(k).
2 Clause (133A) omitted by the Finance Act, 2008, s.18(36)(a)(xiv).
3 Clause (134) omitted by the Finance Act, 2003, s.12(116)(n).
4 Clause (135) omitted by the Finance Act, 2014, s.7(40)(I)(l).
5 Ins by S.R.O.64(I)/2012, dated 27.01.2012
6 Clause (137) omitted by the Finance Act, 2006, s.17(31)(m).
7 Clause (138) omitted by the Finance Act, 2008, s.18(36)(a)(xiv).
382
1[(139) (a) The benefit represented by free provision to the employee of medical treatment or
hospitalization or both by an employer or the reimbursement received by the employee of the medical charges
or hospital charges or both paid by him, where such provision or reimbursement is in accordance with the
terms of employment:
Provided that National Tax Number of the hospital or clinic, as the case may be, is given and the employer
also certifies and attests the medical or hospital bills to which this clause applies;
(b) any medical allowance received by an employee not exceeding ten per cent of the basic salary of the
employee if free medical treatment or hospitalization or reimbursement of medical or hospitalization charges is
not provided for in the terms of employment; or
2[(c )* * * * * * *]
3[(140)
All payments on account of principal, interest, or fees received by the Overseas Private
Investment Corporation (OPIC), from development project undertaken in pursuance to the Investment
Incentive Agreement signed between the Government of Pakistan and the Government of the United
States of America, dated 18th November, 1997.]
4[(14) Profit and gains derived by LNG Terminal Operators and terminal Owners for a period of five years
beginning from the date when commercial operations are commenced.
(142) Income from social security contributions derived by Balochistan Employees’ Social Security
Institutions, Employees’ Social Security Institutions Khyber Pakhtunkhwa, Punjab Employees’ Social Security
Institutions and Sindh Employees’ Social Security Institution.
Explanation. —For the removal of doubt, it is clarified that all incomes other than social security
contributions shall not be exempt.]
1 Clause (139) subs by the Finance Act, 2003, s.12(116)(o).
2 Subclause (c ) omitted by the Finance Act, 2006, s.17(31)(la).
3 Added by S.R.O. 1353(I)/2012, dated 31.10.2012
4 Added by the Finance Act, 2015, s.9(65)(A)(xi)(w.e.f.01.07.2015).
383
PART II
REDUCTION IN TAX RATES
Incomes or classes of income, or persons or classes of persons, enumerated below, shall be liable to tax at
such rates which are less than the rates specified in the First Schedule, as are specified hereunder:
1[(1)* * * * * * *]
(2) Any income of persons whose profits or gains from business are computed under the Fifth Schedule
to this Ordinance as is derived from letting out to other similar persons any pipeline for the purpose of carriage
of petroleum shall be charged to tax at the same rate as is applicable to such persons in accordance with the
provisions of the said Schedule.
(3) The tax in respect of income from services rendered 2[and construction contracts] outside Pakistan
shall be charged at the rate of one per cent of the gross receipts, provided that 3[receipts from services and
income from contracts] are brought into Pakistan in foreign exchange through normal banking channel.
4[(3A)* * * * * * *]
5[(4)* * * * * * *]
6[(5)* * * * * * *]
7[(5A) The rate of tax to be deducted under subsection (2) of section 152, in respect of payments 8[from]
profit on debt payable to a nonresident person having no permanent establishment in Pakistan, shall be 10%
1 Clause (1) omitted by the Finance Act, 2005, s.8(46)(ii)(a).
2 Ins by the Finance Act, 2014, s.7(40)(II)(a)(i).
3 Subs ibid, s.7(40)(II)(a)(ii).
4 Clause (3A) omitted ibid, s.7(40)(II)(b).
5 Clause (4) omitted by Finance Act, 2003, s.12(116)(B)(c ).
6 Clause (5) omitted by the Finance Act, 2009, s.5(52)(b)(i).
7 Clause (5A) subs by S.R.O.218(I)/2008, dated 06.03.2008
8 Subs by the Finance Act, 2009, s.5(520(b)(ii).
384
of the gross amount paid 1[:] ]
2[Provided that tax deducted on profit on debt from debt instruments, instruments, Government securities
including treasury bills and Pakistan Investment Bonds shall be final tax on profit on debt payable to a non
resident person having no permanent establishment in Pakistan and the investments are exclusively made
through a Special Rupee Convertible Account maintained with a Bank in Pakistan.]
3[(5B) The tax in respect of capital gains derived by a person from the sale of of shares or assets by a
private limited company to Private Equity and Venture Capital Fund shall be charged at the rate of ten per
cent of such gains.]
4[(6) * * * * * * *]
5[(7) and (8)* * * * * * *]
6[(9) * * * * * * *]
7[(9A)* * * * * * *]
8[(9B) and (9C) * * * * * * *]
9[(10) * * * * * * *]
10[(11) and (12)* * * * * * *]
11[(13), (13A) and (13B)* * * * * * *]
12[((13C) * * * * * * *]
1 Subs by the Finance Act, 2011, s.6(33)(ii).
2 Ins by the Finance Act, 2011, s.6(33)(ii).
3 Ins by the Finance Act, 2007, s.20(34)(ii)(c ).
4 Clause (6) omitted by the Finance Act, 2008, s.18(36)(b)(ii).
5 Clauses (7) and (8) omitted by the Finance Act, 2005, s.8(46)(ii)(c ).
6 Clause (9) omitted by S.R.O. 140(I)/2013, dated 26.02.2013
7 Clause (9A) omitted by the Finance Act, 2008, s.18(36)(b)(ii).
8 Clauses (9B) and (9C )omitted by the Finance Act, 2014, s.7(40)(II)(b).
9 Clause(10) omitted by the Finance Act, 2008, s.17(36)(b)(ii).
10 Clauses(11) and (12) omitted by the Finance Act, 2006.
11 Clauses (13), (13A) and (13B) omitted by the Finance Act, 2008, s.17(36)(b)(ii).
12 Clause (13C ) omitted by the Finance Act, 2015, s.9(65)(B)(i)(w.e.f. 01.07.2015)
385
1[(13D)* * * * * * *]
2[(13E)* * * * * * *]
3[(13F)* * * * * * *]
4[(13G) * * * * * * *]
5[(13H)* * * * * * *]
6[(13HH) and (13HHH) * * * * * * *]
7[(14),(14A) and (14B) * * * * * * *]
8[(15) and (16) * * * * * * *]
9[(17)* * * * * * *]
10[(18) In the case of a modaraba the rate of income tax shall be 25% of total income excluding such part
of total income to which Division III of Part I of the First Schedule or section153 or section 154 applies.]
11[(18A) The rate of tax as specified in Division II of Part 1 of the First Schedule shall be reduced to 20%
for a company setting up an industrial undertaking between the first day of July, 2014 to the thirtieth day of
June, 2017, for a period of five years beginning from the month in which the industrial undertaking is set up or
commercial production is commenced whichever is later:
1 Clause (13D) omitted by the Finance Act, 2005, s.8(46)(ii)(fff).
2 Clause (13E) omitted by the Finance Act, 2014, s.7(40)(II)(b).
3 Clause (13F) omitted by S.R.O. 1037(I)/2005, dated 14.10.2005
4 Clause (13G) omitted by S.R.O. 140(I)/2013, dated 26.02.2013
5 Clause (13H) omitted by the Finance Act, 2008, s.17(36)(b)(v).
6 Clauses (13HH) and (13HHH) omitted by the Finance Act, 2014, s.7(40)(II)(b).
7 Clauses (14, 14A, 14B) omitted by the Finance Act, 2015, s.9(65)(B)(i)(w.e.f. 01.07.2015)
8 Clauses (15) and (16) omitted by the Finance Act, 2008, s.18(36)(b)(vii).
9 Clause (17) omitted by the Finance Act, 2014.
10 Added by the Finance Act, 2002, s.8(92)(b)(ii).
11 Ins by the Finance Act, 2014, s.7(40)(II)(d).
386
Provided that fifty percent of the cost of the project including working capital is through owner equity
foreign direct investment.]
1[(19) and (20) )* * * * * * *]
2[(21)* * * * * * *]
3[(22)* * * * * * *]
4[(23)and(24)* * * * * * *]
5[(24A) The rate of tax, under clause (a) of subsection (1) of section 153, from distributors of cigarette
and pharmaceutical products 6[and for large distribution houses who fulfill all the conditions for a large import
house as laid down under clause (d) of subsection (7) of section 148, for large import houses,] shall be 1% of
the gross amount of payments.]
7[(24B)* * * * * * *]
8[(25)* * * * * * *]
9[(26)* * * * * * *]
10[(27) The tax on payments under the Compulsory Monetization of Transport Facility for Civil Servants
in BS20 to BS22 (as reduced by deduction of driver‘s salary) shall be charged at the rate of 5% as a separate
block of income.]
11[(28)* * * * * * *]
1 Clause (19) and (20) omitted ibid, s.7)(II)(e).
2 Clause (21) omitted by the Finance Act, 2015, s.9(65 )(B)(i)(w.e.f. 01.07.2015).
3 Clause (22) omitted by the Finance Act, 2007.
4 Clause (23) and (24) omitted by the Finance Act, 2014, s.7(40)(II)(e).
5 Ins by the Finance Act, 2009, s.5(520(b)(iv).
6 Ins by the Finance Act, 2010, s.8(72)(j)(ii).
7 Clause (24B) omitted by the Finance Act, 2014, s.7(40)(II)(e).
8 Clause (25) omitted by the Finance Act, 2007.
9 Clause (26) omitted by the Finance Act, 2014, s.7(40)(II)(e).
10 Added by S.R.O.569(I)/2012, dated 26.05.2012
11 Clause (28) omitted by the Finance Act, 2009, s.5(52)(v).
387
1[(28A) The rate of tax under section 148 on import of hybrid cars shall be reduced as below:—
Engine Capacity Rate of reduction
Upto 1200 cc 100%
1201 to 1800 cc 50%
1801 to 2500 cc 25%]
2[(28B) The rate of tax shall be 0.15% under section 231A on cash withdrawal by an exchange company,
duly licensed and authorized by the State bank of Pakistan, exclusively dedicated for its authorized business
related transactions, subject to the condition that a certificate issued by the concerned Commissioner Inland
Revenue for a financial year mentioning details and particulars of its bank Account being used entirely for
business transactions is provided.]
3[(29) and (30)* * * * * * *]
PART III
REDUCTION IN TAX LIABILITY
Income, or classes of income, or person or classes of person, enumerated below, shall be allowed
reduction in tax liability to the extent and subject to such conditions as are specified hereunder:
(1) 4[(1) Any amount received as
(a) flying allowance by 5[*] flight engineers, navigators of Pakistan Armed Forces, Pakistani Airlines
or Civil Aviation Authority, Junior Commissioned Officers or other ranks of Pakistan Armed
Forces; and
(b) submarine allowance by the officers of the Pakistan Navy,
1 Clause (128A) ins by the Finance Act, 2013, s.7(49)(b).
2 Added by the Finance Act, 2015, s.9((65)(B)(ii)(w.e.f. 01.07.2015)
3 Clauses (29) and (30) omitted by the Finance Act, 2014, s.7(40)(II)(e).
4 Subclause (1) subs by the Finance Act, 2008,s.18(36)(c )(i), dated 27.07.2008
5 The word “pilots” omitted by the Finance Act, 2014, s.7(40)(III)(i).
388
shall be taxed @ 2.5% as a separate block of income 1[:]]
2[Provided that the reduction under this clause shall be available to so much of the flying allowance or the
submarine allowance as does not exceed an amount equal to the basic salary.]
3[(1A)* * * * * * *]
4[(1AA) Total allowances received by pilots of any Pakistani airlines shall be taxed at a rate of 7.5%,
provided that the reduction under this clause shall be available to so much of the allowances as exceeds an
amount equal to the basic pay.]
5[(2) The tax payable by a full time teacher or a researcher, employed in a non profit education or
research institution duly recognized by Higher Education Commission, a Board of Education or a University
recognized by the Higher Education Commission, including government training and research institution, shall
be reduced by an amount equal to 6[40]% of tax payable on his income from salary.]
(2) The amount of tax payable, in a year in which the rupee is revalued or devalued, by a taxpayer
whose profits or gains are computed in accordance with the rules contained in the Fifth Schedule to this
Ordinance and who had entered with the Government into an agreement which provides for such reduction,
shall be reduced to the amount that would be payable in the absence of the revaluation or devaluation
of the rupee.
7[(3)* * * * * * *]
8[(4) In respect of old and used automotive vehicles, tax under section 148 shall not exceed the amount
specified in Notification No. S.R.O. 577(I)/2005, dated the 6th June, 2005.]
1 Subs by the Finance Act, 2013, s.7(49)(C ).
2 Added ibid, s.7(49)(C ).
3 Subclause (1A) omitted by the Finance Act, 2014, s.7(40)(III)(b).
4 Clause (1AA) ins ibid, s.7(40)(III)(C ).
5 Subclause (2) subs by the Finance Act, 2006, s.17(31)(iii)(C ).
6 Subs by the Finance Act, 2013, s.7(49)(C )(ii).
7 Clause (3) omitted by the Finance Act,2008, s.18(36)(C )(ii).
8 Clause (4) subs by the Finance Act, 2011, s.6(33)(iii).
389
1[(5)* * * * * * *]
2[(3[6]) The tax payable under clause (c) of subsection (1) of section 39, in respect of any amount paid
as yield or profit on investment in Bahbood Savings Certificate or Pensioners Benefit Account shall not
exceed 10% of such profit.]
4[Clauses 7 to 15)* * * * * * *]
5[(16)* * * * * * *]
PART IV
EXEMPTION FROM SPECIFIC PROVISIONS
Income, or classes of income, or persons or classes of persons, enumerated below, shall be exempt from
the operation of such provisions of this Ordinance, subject to such conditions and to the extent, as are
specified hereunder:
6[(1)* * * * * * *]
(2) In the case of losses referred to in section 57 in respect of an industrial undertaking set up in an area
declared by the Federal Government to be a "Zone" within the meaning of Export Processing Zones Authority
Ordinance, 1980 (IV of 1980), the period of six 7[tax years] specified in the said section shall not apply.
(3) The provisions of clause (b) of 8[component C of the formula contained in] subsection (2) of section
61 shall not apply in case of donations made to Agha Khan Hospital and Medical College, Karachi:
1 Clause (5) omitted by the Finance Act, 2014, s.7(40)(III)(d).
2 Added by the Finance Act, 2008, s.18(36)(C )(iv).
3 Clause (5) renumbered by the Finance Act, 2009, s.5(52)(C )(ii).
4 Clauses (7), (8), (9), (10), (11), (12), (13) ,(14) and (15) omitted by the Finance Act, 2014, s.7(40)(III)(d).
5 Clause (16) omitted by the Finance Act, 2015, s.9(65)(C) (w.e.f. 01.07.2015).
6 Clause (1) omitted by the Finance Act, 2003, s.129116)(D)(a).
7 Subs ibid, s.12(116)(D)(b).
8 Subs ibid, s.12(116)(D)(c ).
390
1[(3A)* * * * * * *]
2[(4)* * * * * * *]
3[(5) The provisions of section 111 regarding unexplained income or assets shall not apply in respect of,
—
(i) any amount of foreign exchange deposited in a private Foreign Currency account held with an
authorized bank in Pakistan in accordance with the Foreign Currency Accounts Scheme
introduced by the State Bank of Pakistan:
Provided that the exemption clause shall not be available in respect of any incremental deposits made on
or after the 16th day of December, 1999 in such accounts held by a resident person or in respect of any
amount deposited in accounts opened on or after the said date by such person.
(ii) any amount invested in the acquisition of Three Years Foreign Currency Bearer Certificates issued
under the Foreign Currency Bearer Certificates Rules, 1997.
(iii) rupees withdrawn or assets created out of such withdrawal in rupees from private foreign
currency accounts, or encashment of Foreign Exchange Bearer Certificates, US Dollar Bearer
Certificates and Foreign Currency Bearer Certificates.]
4[(9A) Provisions of clause (a) of subsection (1) of section 153, shall not apply to steel melters, steel re
rollers, composite steel units, as a payer, in respect of purchase of scrap, provided that tax is collected in
accordance with section 235B:
1 Clause (3A) omitted by the Finance Act, 2008, s.18(36)(d)(i).
2 Clause (4) omitted by the Finance Act, 2003, s.12(116)(D)(e).
3 Clause (5) subs by the Finance Act, 2005, s.8(46)(iv)(a).
4 Ins by the Finance Act, 2014, s.7(40)(IV)(a).
391
Provided that steel melters, steel rerollers and composite steel units may opt to pay tax in accordance
with section 235B, for tax year 2012 and 2013, if tax liability for the said tax years is paid by the 30th day of
June, 2014:
Provided further that where tax has been deducted under clause (a) of subsection (1) of section 153 or
paid under an order under section 161, it shall not be refundable.
(9AA) Provisions of clause (a) of subsection (1) of section 153, shall not apply to ship breakers as
recipient of payment:
Provided that this clause shall only apply for ships imported after the 1st July 2014.]
1[(6)* * * * * * *]
2[(7) and (8)* * * * * * *]
3[(9)* * * * * * *]
4[(10) and (10A)* * * * * * *]
5[(11)* * * * * * *]
6[(11A) The provisions of section 113, regarding minimum tax, shall not apply to,
(i) National Investment (Unit) Trust or a collective investment scheme authorized or registered under
the Nonbanking Finance Companies (Establishment and Regulation) Rules, 2003 or a real estate
investment trust approved and authorized under the Real Estate Investment Trust 7[Regulations,
2015] 8[or a pension fund registered under the Voluntary Pension System Rules, 2005] or any
other company in respect
1 Clause (6) omitted by the Finance Act, 2003, s.129116)(D)(f).
2 Clause (7) and (8) omitted by the Finance Act, 2005, s.8(46)(iv)(b).
3 Clause (9) omitted by the Finance Act, 2003, s.12(116)(D)(h).
4 Clause (10) and (10A) omitted by the Finance Act, 2014, s.7(40)(IV)(a).
5 Clause (11) omitted by the Finance Act, 2008, s.18(36)(d)(i).
6 Ins by the Finance Act, 2009, s.5(52)(d).
7 Subs by the Finance Act, 2015, s.9(65)(D)(a)(i)(w.e.f.01.07.2015).
8 Ins by the Finance Act, 2011, s.6(6(33)(IV)(a).
392
of turnover representing transactions in shares, or securities listed on a registered stock exchange;
(ii) petroleum dealers, in so far as they relate to turnover on account of sale of petroleum and
petroleum products, notwithstanding their status as a company, a registered firm or an individual,
engaged in retail sale of petroleum and petroleum products through petrol pumps for the
purposes of assessment of their income and determination of tax thereon:
Provided that this exemption shall not apply to the sale of petroleum and petroleum products through
petrol pumps which are directly operated or managed by companies engaged in distribution of petroleum and
petroleum products.
Explanation. For the removal of doubt it is declared that the companies engaged in distribution of
petroleum and petroleum products other than through petrol pumps shall not be entitled to the benefits of this
exemption;
(iii) Hub Power Company Limited so far as they relate to its receipts on account of sale of electricity;
1[(iv)* * * * * * *]
(v) companies, qualifying for exemption under clause (132) 2[and clause 3[* *] of PartI of this
Schedule, in respect of receipts from sale of electricity;
(vi) Provincial Governments and Local Governments, qualifying for exemption under section 49 and
other Government bodies which are otherwise exempt from income tax:
Provided that nothing shall be construed to authorize any refund of tax already paid or the
1 Subclause(iv) omitted by the Finance Act, 2015, s.9(65)(D)(a)(ii)(w.e.f.01.07.2015).
2 Ins by the Finance Act, 2014, s.7(40)(IV)(c ).
3 The words “and 132B” omitted by the Finance Act, 2015, s.9(65(D)(a)(iii)(w.e.f.01.07.2015).
393
collection of any outstanding demand created under the said section;
(vii) Pakistan Red Crescent Society;
(viii) special purpose, nonprofit companies engaged in securitizing the receivables of Provincial
Governments;
(ix) nonprofit organizations approved under clause (36) of section 2 or clause (58) or included in
clause (61) of PartI of this Schedule;
(x) a taxpayer who qualifies for exemption under clause (133) of PartI of this Schedule, in respect
of income from export of computer software or IT services or IT enabled services;
(xi) a resident person engaged in the business of shipping who qualifies for application of reduced rate
of tax on tonnage basis as final tax under clause (21) of Part II of the Second Schedule;
(xii) a venture capital company, venture capital fund and Private Equity and Venture Capital Fund
which is exempt under clause (101) of PartI of this Schedule;
(xiii) a Modaraba registered under the Modaraba Companies and Modaraba (Floatation and
Control) Ordinance, 1980 (XXXI of 1980);
(xiv) Corporate and Industrial Restructuring Corporation (CIRC);
(xv) The corporatized entities of Pakistan Water and Power Development Authority, so far as they
relate to their receipts on account of sales of electricity, from the date of their creation upto the
date of completion of the process of corporatization i.e. till the tariff is notified;
(xvi) a morabaha bank or a financial institution approved by the State Bank of Pakistan or the
Securities and Exchange Commission of Pakistan
394
(SECP), as the case may be, for the purpose of Islamic Banking and Finance in respect of
turnover under a morabaha arrangement; 1[ *]
(xvii) WAPDA First Sukuk Company Limited 2[:and]
3[(xvii) Companies, qualifying for exemption under clause (132B) of PartI of this Schedule, in
respect of receipts from a coal mining project in Sindh, supplying coal exclusively to power
generation projects.
(xix) LNG Terminal Operators and LNG Terminal owners.
(xx) taxpayers located in the most affected and moderately affected areas of Khyber Pakhtunkhwa,
FATA and PATA for tax year 2010, 2011 and 2012 excluding manufacturers and suppliers of
cement, sugar, beverages and cigarettes.
(xxi) Rice Mills for the tax year, 2015.
(xxii) taxpayers qualifying for exemption under clauses (1261) of PartI of this Schedule in respect of
income from manufacture of equipment with dedicated use for generation of renewable energy.
(xxiii) taxpayers qualifying for exemption under clauses (126J) of PartI of this schedule in respect of
income from operating warehousing or cold chain facilities for storage of agriculture produce.
(xxiv) taxpayers qualifying for exemption under clauses (126K) of PartI of this schedule in respect of
income from operating halal meat production, during the period mentioned in clause (126K).
(xxv) taxpayers qualifying for exemption under clauses (126L) of PartI of this schedule in respect of
income
1 The word “and” omitted by the Finance Act, 2015, s.9(65)(D)(a)(iv)(w.e.f.01.07.2015).
2 Subs ibid, s.9(65)(D)(A)(v)(w.e.f. 01.07.2015).
3 Added ibid, s.9(65)(D)(a)(v).
395
from a manufacturing unit set up in Khyber Pukhtunkhwa Province between 1st day of July,
2015 and 30th day of June, 2018.”]
1[(11B) The provisions of section 150 shall not apply in respect of inter corporate dividend within the
group companies entitled to group taxation under section 59AA or section 59B. 2[Subject to the condition that
the return of the group has been filed for the latest completed tax year.]
3[(11C) The provisions of section 151 shall not apply in respect of inter corporate profit on debt within
the group companies entitled to group taxation under section 59AA or section 59B 4[subject to the condition
that the return of the group has been filed for the latest completed tax year].]
5[(11D) The provisions of section 113C shall not apply to LNG Terminal Operators and LNG Terminal
Owners.]
6[(12) (a) The provisions of clause (l) of section 21 and clause (a) of sub section (1) of section 153 shall
not apply where agricultural produce is purchased directly from the grower of such produce subject to
provision of a certificate by the grower to the withholding agent in the following format, namely:—
CERTIFICATE TO BE FILED BY THE GROWER OF AGRICULTURAL PRODUCE
It is certified that I …………………………. Holder of CNIC Number ……………………………………
have sold following agricultural produce, namely:
i) name of agricultural produce (wheat, rice, cotton, sugarcane, etc.………………………………
ii) quantity ………………………………………..
iii) total price ……………………………………...
iv) land identification (if any) ……………………..
1 Added by the Finance Act, 2012, s.15)(III)(a).
2 Added by the Finance Act, 2015, s. 9(65)(D)(b)(w.e.f. 172015).
3 Added by the Finance Act, 2012, s. 15.
4 Subs by the Finance Act, 2015, s.9(65)(D)(b).
5 Added by the Finance Act, 2015, s. 9 (65)(D)(c)(w.e.f. 172015).
6 Added by S.R.O. 787(I)/2011, dated 22.08.2011
396
to Mr / M/s ………………………………………. on (date) ……………………. and being the grower /
producer of the said agricultural produce and owner of agricultural land area measuring (optional)
……………………………located in ……………………I am not liable to any Withholding Income Tax.
Signature/Thumb impression……….…………………
Name…………………………………………………….
CNIC…………………………………………………….
Address………………………………………………….
Date…………………………….
(b) the provisions of clause (a) of subsection (1) of section 153 shall not apply only in case of cash
payments made for meeting the incidental expenses of a business trip to the crew of oil tanker.
This exemption shall not apply in case of any other payments made by owners of oil tankers; and
1[(c)* * * * * * *]
2[(12) * * * * * * *]
3[(13)and (13A) * * * * * * *]
4[(14)* * * * * * *]
5[(15) * * * * * * *]
1 Clause (c ) omitted by S.R.O. 550(I)/2012, dated 23.05.2012
2 Clause (12) omitted by the Finance Act, 2005.
3 Clauses13) and (13A) omitted by the Finance Act, 2005, s.8(46)(iv)(d).
4 Clause (14) omitted by the Finance Act, 2006, s.17(31)(iv)(ba).
5 Clause (15) omitted by the Finance Act, 2005.
6 Ins by the Finance Act, 2009.
7 Subs by the Finance Act, 2007.
397
Provided that such institutions shall continue to collect and deduct tax under section 1[149, 151, 152, 153,
155, 156 or 233] from others persons, wherever required thereunder 2[.]
3(16A)* * * * * * *]
4* * * * * * *]
5[(17) and (18) * * * * * * *]
(19) The provisions of 6[sections 113 and] 151 shall not apply to non residents, residents, (excluding
local branches or subsidiaries or offices of foreign banks, companies, associations of persons or any other
person operating in Pakistan), in respect of their receipts from Pak rupees denominated Government and
corporate securities and redeemable capital, as defined in the Companies Ordinance, 1984 (XLVII of 1984),
listed on a registered stock exchange, where the investments are made exclusively from foreign exchange
remitted into Pakistan through a Special Convertible Rupee Account maintained with a bank in Pakistan.
7[(20)and (21)* * * * * * *]
8[(22 to 31B) * * * * * * *]
9[(32) * * * * * * *]
10[(33) * * * * * * *]
11[(34) and (35) * * * * * * *]
1 Subs by the Finance Act, 2003, s.12(116)(j)(ii).
2 Subs by the Finance Act, 2007, s.18(36)(b)(ii)(b).
3 Clause (16A) omitted by the Finance Act, 2015, s.9(65)(D)(d)(w.e.f. 01.07.2015).
4 Proviso omitted by the Finance Act, 2008, s.18(36)(d)(ii)(c ).
5 Clauses (17) and (18) omitted by the Finance Act, 2005, s.8(46)(iv)(d).
6 Subs by the Finance Act, 2009, s.5(52)(d)(iii).
7 Clauses (20) and (21) omitted by the Finance Act, 2005, s.8(46)(iv)(d).
8 Clauses (22),(23), (24), (25), (26), (27), (28), (29), (30), (31), (31A), (31B) omitted by the Finance Act, 2005, s.8(46)(iv)(d).
9 Clause (32) omitted by the Finance Act, 2003, s.12(116)(D)(o).
10 Clause (33) omitted by the Finance Act, 2008, s.18(36)(iv)(d).
11 Clauses (34) and (35) omitted by the Finance Act, 2005, s.8(46)(iv)(d).
398
1[(36) * * * * * * *]
2[(36A) The provisions of clause (a) of subsection (1) of section 151 shall not apply in respect of any
amount paid as yield or profit on investment in Bahbood Savings Certificate or Pensioner‘s Benefit Account.]
3[(37) * * * * * * *]
(38) The provisions of section 151, 4[153 and 233] shall not apply to special purpose vehicle for the
purpose of securitization.
5[(38A) The provisions of sections 150, 151 and 233 shall not apply to a Venture Venture Capital
Company;]
6[(38B) * * * * * * *]
7[(38C) The provisions of section 8[150,] 151, 152, 153 and 233 shall not apply to the Islamic
Development Bank.]
9[(39) * * * * * * *]
10[(40) * * * * * * *]
(41) The provisions of 11[subsection ― 12[(1B) of section 152]] shall not apply in respect of a non
resident person unless he opts for the presumptive tax regime:
Provided that a declaration of option is furnished in writing within three months of the commencement of
the
1 Clauses (36) omitted by the finance Act, 2008, s.18(36)(d)(iv).
2 Ins b y the Finance Act, 2004.
3 Clause (37) omitted by the Finance Act, 2005, s.8(46)(iv)(d).
4 Ins by the Finance Act, 2002, s.8(92)(d)(iii).
5 Ins by the Finance Act, 2004, s.6(39)(vi).
6 Clause (38B) omitted by the Finance Act, 2014, s.7(40)(IV)(d).
7 Clause (38C)inserted by the Finance Act, 2011, s.6(33)(iv)(b).
8 Ins by the Finance Act, 2014.
9 Clause (39) omitted by the Finance Act, 2003, s.12(116)(D)(p).
10 Clause (40) omitted by the Finance Act, 2005, s.8(46)(iv)(e).
11 Subs by the Finance Act, 2002, s.8(92)(d)(v).
12 Subs by the Finance Act, 2006, s.17(31)(iv)(c ).
399
1[tax] year and such declaration shall be irrevocable and shall remain in force for three years.
2[(41),(41AA),(41AA), 41B) * * * * * * *]
(42) The provisions of 3[subsection 4[(3)] of section 153] shall not apply in respect of payments
received by a resident person for providing services by way of operation of container or chemical or oil
terminal at a seaport in Pakistan or of an infrastructure project covered by the Government’s Investment
Policy, 1997.
5[(42A) * * * * * * *]
6[(43) * * * * * * *]
7[(43A) The provisions of subsection (1) of section 153 shall not apply to payments received by a
person 8[* * *] on account of supply of petroleum product imported by the same person under the
Government of Pakistan‘s deregulation policy of POL products;]
9[(43B) The provisions of clause (a) subsection (1) of section 153 shall not apply to payments received
on sale of air tickets by traveling agents, who have paid withholding tax on their commission income.]
10[(43C) The provision of clause (a) of subsection (1) of section 153 shall not be applicable to any
payment received by a petroleum agent or distributor who is registered under Sales Tax Act, 1990 on account
of supply of petroleum products.]
11[(43D) The provisions of clause (a) of subsection (1) of section 153 shall not apply in case of an oil
tanker contractor with effect from 1st July 2008, provided that such contractor pays tax @ 2.5%, on the
payments
1 Subs by the Finance Act, 2003.
2 Clauses (41A), (41AA), (41AAA) and (41B) omitted by the Finance Act, 2014, s.7(40)(IV)(f).
3 Subs by the Finance Act, 2002, s.8(92)(d)(vi).
4 Subs by the Finance Act, 2011, s.6(33)(iv)(c ).
5 Clause (42A) omitted by the Finance Act, 2008, 18(36)(d)(iv).
6 Clause (43) omitted by the Finance act, 2004, s.6(39)(vii).
7 Clause (43A) subs by the Finance Act, 2003, s.7(40)(IV)(d).
8 Omitted by the Finance Act, 2008, s.18(36)(d)(v).
9 Ins by the Finance Act, 2007, s.20(34)(iii)(e).
10 Added by S.R.O. 57(I)/2012, dated 24.01.2012
11 Inserted by S.R.O. 126(I)/2013, dated 13.02.2013
400
for rendering or providing of carriage services w.e.f. tax year 2012.]
1[(43E) The provisions of clause (a) of sub section (1) of section 153 shall not apply in case of goods
transport contractors, provided that such contractors pay tax at the rate of 2.5% on payments for rendering or
providing of carriage services.]
2[(44) * * * * * * *]
(45) The provisions of 3[subsection 4[(1)] of section 153] shall not apply to any manufacturercum
exporter as 5[the prescribed person]:
Provided that—
(a) the manufacturercumexporter shall deduct tax from payments made in respect of goods sold in
Pakistan;
(b) if tax has not been deducted from payments on account of supply of goods in respect of goods sold
in Pakistan, the tax shall be paid by the manufacturecumexporter, if the sales in Pakistan are in
excess of five per cent of export sales; and
(c) nothing contained in this clause shall apply to payments made on account of purchase of the goods
in respect of which special rates of tax deduction have been specified [under the provisions of the
repealed Ordinance].
6[(45A) (a) The rate of deduction of withholding tax under clauses (a) and(b) of subsection (1) of section
153 shall be one per cent on local sales, supplies and services provided or rendered to the 7[taxpayers falling
in the] following categories 8[* * *] namely:
1 Ins by S.R.O.980(I)2013, dated 18.11.2013
2 Clause (44) omitted by the Finance Act, 2005, s.8(46)(iv)(f).
3 Subs by the Finance Act, 2002, s.8(92)(d)(x).
4 Subs by the Finance Act, 2003, s.12(116)(D)(v)(i).
5 Subs ibid, s.12(116)(D)(v)(ii).
6 Clause (45A) subs by S.R.O.333(I)/2011, dated 02.05.2011
7 Inserted by S.R.O. 669(I)/2013, dated 17.07.2013
8 The words “of sales tax zerorated taxpayers” omitted ibid
401
(i) textile and articles thereof;
(ii) carpets;
(iii) leather and articles thereof including artificial leather footwear;
(iv) surgical goods; and
(v) sports goods;
Provided that withholding tax under clauses (a) and (b) of subsection (1) of section 153 shall not be
deducted from sales, supplies and services made by traders of yarn to the above mentioned categories of
taxpayers. Such traders of yarn shall pay minimum tax @ 0.1% on their annual turnover on monthly basis on
30th day of each month and monthly withholding tax statement shall be efiled under the provisions of section
165 of this Ordinance.
(b) provisions of clause (a) of subsection (1) of section 111 of this Ordinance shall not apply to the
amounts credited in the books of accounts maintained for the period ending on the 30th June 2011,
by the sellers, suppliers, service providers to the categories of sales tax zerorated taxpayers, as
mentioned in subclause (a); and
(c) provisions of subclauses (a) and (b) shall be applicable only to the cases of sellers, suppliers,
service providers of the above mentioned categories of sales tax zerorated taxpayers, who are
already registered and to those taxpayers who get themselves registered by the 30th June, 2011.]
1[(46) The provisions of subsection (1) of section 153 shall not apply to any payment received by an oil
distribution company or an oil refinery
1 Clause (46) subs by the Finance Act, 2004, s.6(39)(viii).
402
1[and provisions of subsection (2A) of section 152 shall not apply to] Permanent Establishment of Non
resident Petroleum Exploration and Production (E&P) Companies] for supply of its petroleum products.]
2[(46A) the provisions of subsection 3[(3)] of section 153 shall not apply to any payment received by a
manufacturer of iron and steel products relating to sale of goods manufactured by him.]
4[(46A) * * * * * * *]
5[(46B) * * * * * * *]
6[(46C) * * * * * * *]
7[(47) * * * * * * *]
8[(47A) The provisions of section 153 shall not apply in respect of payments received by a resident person
for supply of such goods as were imported by the same person and on which tax has been paid under section
148.]
1 Subs by the Finance Act, 2015, s.9(65)(D)(e)(w.e.f. 01.07.2015).
2 Ins by S.R.O. 847(I)/2007, dated 22.08.2007
3 Subs by the Finance Act, 2011, s.6(33)(iv)(d).
4 Clause (46A) omitted by the Finance Act, 2004, s.6(39)(ix).
5 Clause (46B) omitted by the Finance Act, 2009, s.5(52)(d)(iv).
6 Clause (46C) omitted by the Finance Act, 2004, s.6(39)(xi).
7 Clause (47) omitted by the Finance Act, 2009, s.5(52)(d)(iv).
8 Added ibid .
9 Clause (47B) subs by the Finance Act, 2008, s.18(36)(d)(viii).
10 Subs by the Finance Act, 2012, s.15(57)(d)(iii).
11 Ins ibid.
12 Ins by the Finance Act, 2004.
403
section 148 on import of edible oil.]
1[(47D) The provisions of clause (a) of subsection (3) of section 153 shall not apply to cotton ginners.]
2[(48) * * * * * * *]
2[(49) * * * * * * *]
2[(50) * * *
2[(51)* * *
3[(52)* * *
4[(53)* * *
4[(54)* * *
4[(55)* * *
5[(56) The provisions of section 148, regarding withholding tax on imports shall not apply in respect of—
(i) goods classified under Pakistan Customs Tariff falling under 6[26 and 99 except PCT Heading
9918] ;
7[(ia) Petroleum oils and oils obtained from bituminous minerals crude (PCT code 2709.0000),
Furnaceoil(PCT code 2710.1941), High speed diesel oil (PCT) 2710.1931), Motor spirit (PCT
Code 2710.1210), J.P.1 (PCT Code 2710.1912), base oil for lubricating oil (PCT Code
2710.1993), Light diesel oil imported by Pakistan State Oil Company Limited, Shell Pakistan
Limited, Attock Petroleum Limited, Byco Petroleum Pakistan Limited, Admore Gas Private
Limited, Chevron Pakistan Limited, TotalPARCO Pakistan (Private) Limited,
1 Clause (47D) subs by the Finance Act, 2011, s.6(33)(iv)(e).
2 Clauses ((48), (49), (50) and (51) omitted by the Finance Act, 2003,s.
3 Clause (52) omitted by the Finance Act, 2010, s. 8(72)(b).
4 Clauses (53), (54) and (55) omitted by the Finance Act, 2005, s. 8(46)(iv)(h).
5 Clause (56) subs by the Finance Act, 2008, s.18(36)(d)(ix).
6 Subs by the Finance Act, 2015, s.9(65)(D)(f)(i) (w.e.f. 01.07.2015).
7 Ins ibid, s.9(65)(D)(f)(ii).
404
Hascol Petroleum Limited, Bakri Trading Company Pakistan (Pvt) Ltd, Overseas Oil Trading Company
Pakistan (Pvt) Ltd, Overseas Oil Trading Company (Pvt) Ltd, Gas and Oil Pakistan (Pvt) Ltd and oil
refineries.]
(ii) goods imported by direct and indirect exporters covered under subchapter 7 of Chapter XII of
SRO 450(I)/2001 dated June 18, 2001;
(iii) goods temporarily imported into Pakistan for subsequent exportation and which are exempt from
customs duty and sales tax under Notification 1[No.492(I)/2009, dated the 13th June, 2009];2[* ]
(iv) Manufacturing Bond as prescribed under Chapter XV of Customs Rules, 2001 notified vide
S.R.O. 450(I)/2001, dated June 18, 2001 3[; and]]
4[(v) mineral oil imported by a manufacturer or formulator of pesticides which is exempt from
customsduties under the customs Notification No. S.R.O. 857(I)/2008, dated the 16th August,
2008.]
5[(56A) The provisions of subsection (7) of section 148 and clause (a) of sub section (1) of section 169
shall not apply to a person who is liable to withholding tax under section 236E.]
6[(56B)* * * * * * *]
7[(56B) The provision of subsection (7) of section 148, and clause (a) of sub section (1) of section 169
shall not apply to a person being a commercial importer if the person opts to file return of total income along
with accounts and documents as may be prescribed, subject to the condition that minimum tax liability under
normal tax regime shall not be less than
1 Subs., by the Finance Act, 2012, s.15(57)(III)(e).
2 The word “and” omitted by S.R.O. 860(I)/2008, dated 19.08.2008
3 Subs for the word full stop by Notification No. S.R.O. 860(I)/2008, dated 19.8.2008.
4 Subclause (v) ins. ibid.
5 Clause (56A) ins by the Finance Act, 2013, s.7(49)(d)(i).
6 Clause (56B) omitted by the Finance Act, 2015, s.9(65)(D)(g) (w.e.f. 01.07.2015)
7 Clauses (56B), (56C), (56D), (56E), (56F) & (56G) ins. by the F.A, 2014, s.7(40)(IV)(g).
405
5.5%, of the imports, if the person is a company and 6% otherwise.
(56C) The provisions of subsection (3) of section 153, in respect of sale of goods and clause (a) of sub
section (1) of section 169 shall not apply to a person, if the person opts to file return of total income along
with accounts and documents as may be prescribed subject to the condition that minimum tax liability under
normal tax regime shall not be less than 3.5% of the gross amount of sales, if the person is a company and 4%
otherwise.]
(56D) The provisions of subsection (3) of section 153, in respect of contracts and clause (a) of sub
section (1) of section 169 shall not apply to a person if the person opts to file return of total income along with
accounts and documents as may be prescribed subject to the condition that minimum tax liability under
normal tax regime shall not be less than 6% of contract receipts, if the person is a company and 6.5
%otherwise.
(56E) The provisions of subsection (2) of section 153 and clause (a) of sub section (1) of section 169
shall not apply in respect of a person if the person opts to file return of total income along with accounts and
documents as may be prescribed subject to the condition that minimum tax liability under normal tax regime
shall not be less than 0.5% of gross amount of services received.
(56F) The provision of subsection (2) of section 156A and clause (a) of sub section (1) of section 169
shall not apply in respect of a person if the person opts to file return of total income along with accounts and
documents as may be prescribed, subject to the condition that minimum tax liability under normal tax regime
shall not be less than 10% of the commission or discount received.
(56G) The provisions of subsection (3) of section 233 and clause (a) of sub section (1) of section 169
shall not apply in respect of a person if the person opts to file return of total income along with accounts and
documents as may be prescribed, subject to the condition that minimum tax liability under normal tax regime
shall not be less than 10% of the commission.]
1[(56H)* * * * * * *]
2[(57) The provisions of 3[sections] 4[113 and] 5[*]
1 Clause (56H) omitted by the Finance Act, 2015, s.9(65)(D)(h)(w.e.f. 01.07.2015).
2 Added by the Finance Act, 2005 , s.
3 Subs., for the word “[section]” by S.R.O. 439(I)/2013, dated 20.05.2013
4 Ins ibid
5 The figure “[113]” omitted by the Finance Act, 2008, s.18(d)(ii)(a).
406
1[*] 153 shall not apply to companies operating Trading Houses which—
(i) have paid up capital of exceeding Rs.250 million;
(ii) own fixed assets exceeding Rs.300 million at the close of the Tax Year;
(iii) maintain computerized records of imports and sales of goods;
(iv) maintain a system for issuance of 100% cash receipts on sales;
(v) present accounts for tax audit every year; and
(vi) is registered 2[under the Sales Tax Act, 1990]
Provided that the exemption under this clause shall not be available if any of the aforementioned
conditions are not fulfilled for a tax year 3[4[:] ] ]
5[Provided further that the exemption from application of section 113 shall be available for the first ten
years, starting from the tax year in which the business operations commenced.]
6[(i)] 7[Explanation.For the removal of doubt, exemption under this clause, in respect of section 153,
shall only be available as a recipient and not as withholding agent.]
8[(ii) It is further clarified that inhouse preparation and processing of food and allied items for sale to
customers shall not disqualify a company from
1 The figure “148” omitted by the Finance Act, 2009.
2 Subs by the Finance Act, 2014, s.7(40)(IV)(h)(i).
3 Subs by the Finance Act, 2008,s.18(36)(d)(x)(b).
4 Subs by the Finance Act, 2009, s.5(52)(d)(v).
5 Added by S.R.O. 439(I)/2013, dated 20.05.2013
6 Numbered by the Finance Act, 2015, s.9(65)(D)(i)(w.e.f. 01.07.2015).
7 Added by the Finance Act, 2014, s.7(40)(iv)(h)(ii).
8 Added by the Finance Act, 2015, s.9(65)(D)(D)(i)(w.e.f. 01.07.2015).
407
being treated as a trading House, provided that all the conditions in this clause are fulfilled and sale of such
items does not exceed two per cent of the total sales.]
1* * * * * * *]
2[(57A) The provisions of sections 153 and 169 shall not apply to large import houses:
Provided that the exemption under this clause shall not be available if any of the conditions provided in
section 148 are not fulfilled for a tax year.]
3[(58)* * * * * * *]
4[(59) The provisions of section 151, regarding withholding tax on profit on debt, shall not apply—
(i) in respect of profit or interest paid on a Term Finance Certificate held by a company which has
been issued on, or after, the first day of July, 1999;
(ii) to any payment made by way profit or interest to any person on Term Finance Certificates being
the instruments of redeemable capital under the Companies Ordinance, 1984 (XLVII of 1984),
issued by Prime Minister‘s Housing Development Company (Pvt) Limited (PHDCL);
5[(iii)* * * * * * *]
(iv) in the case of any resident individual, no tax shall be deducted from income or profits paid on,
6[(a)* * * * * * *]
1 Proviso omitted by the Finance Act, 2008 , s.18(36)(d)(x)(b).
2 Ins by the Finance Act, 2007, s. 20(34)(iii)(h).
3 Clause (58) omitted by the Finance Act, 2008, s.18(36)(d)(xi).
4 Added by the Finance Act, 2005, s.8 (46)(xii).
5 Subclause (iii) omitted by the Finance Act, 2015, s.9(65)(D)(j)(w.e.f. 01.07.2015).
6 Omitted by the Finance Act, 2013, s.7(49)(d)(ii).
408
(b) Investment in monthly income Savings Accounts Scheme of Directorate of National Savings,
where monthly installment in an account does not exceed one thousand rupees.]
1[(60) The provisions of sections 148 and 153 shall not apply to fully as well partly designed/assembled
cypher devices, for use within the country as are verified by 2[Cabinet Division (NTISB)] with reference to
design, quality and quantity.]
3[(61) The provisions of section 231A shall not apply in respect of any cash withdrawal, from a bank,
made by an earthquake victim against compensation received from GOP including payments through
Earthquake Reconstruction and Rehabilitation Authority (ERRA) account.]
4[(61A)* * * * * * *]
5[(62) The following provisions of Section 97 shall not apply in case of transfer of assets on amalgamation
of companies or their businesses or acquisition of shares, requiring that transferor:
(a) be resident company; and
(b) belong to a whollyowned group of resident companies.
Provided that:
(i) the transferee resident company shall own or acquire at least 75% of the share capital of the
transferor company or the business in Pakistan of the transferor company;
(ii) the amalgamated company is a company incorporated in Pakistan;
(iii) the assets of the amalgamating company or companies
1 Ins by S.R.O. 85(I)/2006, 03.02.2006
2 The letter subs by the Finance Act, 2006, s.17(31)(iv)(f).
3 Added by S.R.O. 273(I)/2006, 21.03.2006
4 Clause (61A) omitted by the Finance Act, 2015, s.9(65)(D)(k)(w.e.f. 01.07.2015).
5 Ins by S.R.O. 885(I)/2006, dated 29.08.2006.
409
immediately before the amalgamation become the assets of the amalgamated company by virtue of
the amalgamation, otherwise than by purchase of such assets by the amalgamated company or as a
result of distribution of such assets to the amalgamated company after the winding up of the
amalgamating company or companies;
(iv) the liabilities of the amalgamating company or companies immediately before the amalgamation
become the liabilities of the amalgamated company by virtue of the amalgamation; and
(v) the scheme of amalgamation is sanctioned by the State Bank of Pakistan, any court or authority as
may be required under the law.]
1[(63) M/s DawateHadiya, Karachi shall be deemed to have been approved by the Commissioner for
the purpose of subsection (36) of section 2 notwithstanding the provisions of clause (c) of sub
section (36) of section 2.]]
2[(64)* * * * * * *]
3[(65) Any income derived by a project, approved by Designated National Authority (DNA), from the
transfer or sale of Clean Development Mechanism Credits i.e. Certified Emission Reductions, verified
Emission Reductions.
(66) The provisions of section 235, shall not be applicable to the exporterscum exporterscum
manufacturers of —
(a) carpets;
(b) leather and articles thereof including artificial leather footwear;
(c) surgical goods;
(d) sports goods; and
1 Clause (63) subs by S.R.O. 65(I)/2008, dated 21.01.2008
2 Clause (64) omitted by the Finance Act, 2009, s.5(52)(d)(vi).
3 Added by the Finance Act, 2008, s.18(36)(d)(xii).
410
(e) textile and articles thereof.]
1[(67) The provisions of sections 150, 151, 152, 153 and 233 shall not apply in respect of payments made
to the International Finance Corporation established under the International Finance Corporation Act, 1956
(XXVII of 1956).]
2[(67A) The provisions of 100B and Eighth Schedule shall not apply to transaction to carried on upto 30th
June, 2015, on any Stock Exchange of Pakistan, by International Finance Corporation Act, 1956(XVIII of
1956).]
3[(68) The provisions of sections 151, 153 and 155 shall not apply in respect of payments made to the
Pakistan Domestic Sukuk Company Ltd.]
4[(69) The provisions of sections 150, 151, 152, 153 and 233 shall not apply in respect of payments made
to the Asian Development Bank established under the Asian Development Bank Ordinance, 1971 (IX of
1971).]
5[(70) The provisions of section 148, regarding withholding tax on imports, shall not apply in respect of
goods or classes of goods for the execution of contract, imported by contractors and subcontractors engaged
in the execution of power project under the agreement between the Islamic Republic of Pakistan and HUB
Power Company Limited.]
6[(71) The provisions of this Ordinance shall not be applicable to the M/s TAISEI Corporation under the
agreement between National Highway Authority, GOP, which falls under the zero rated regime of sales tax
and registered with sales tax in respect of supply of products, services and equipment.]
7[(72) The provisions of sections 150, 151, 152, 153 and 233 shall not apply in respect of payments made
to The ECO Trade and Development
1 Added by S.R.O. 767(I)/2008, dated 21.07.2008
2 Ins by the Finance Act, 2015, s.9(65)(D)(e)(w.e.f. 01.07.2015).
3 Added by S.R.O. 772(I)/2008, dated 22.07.2008
4 Added by S.R.O. 1012(I)/2008, 23.09.2008
5 Added by S.R.O. 129(I)/2009, 07.02.2009
6 Ins vide S.R.O. 712(I)/2009, dated 07.02.2009
7 Added vide 810(I)/2009, dated 19.01.2009
411
Bank.]
1[(72A) The provisions of clause (l) and section 21, sections 113 and 152 shall not apply in case of a Hajj
Group Operator in respect of Hajj operations provided that the tax has been paid at the rate of Rs.3,500 per
Hajji for the tax year 2013 and Rs.5,000 per Hajji for the tax year 2014 2[and 2015] in respect of income from
Hajj operations.
(72B) The provisions of section 148 shall not apply to an industrial undertaking if the tax liability for the
current tax year, on the basis of determined tax liability for any of the preceding two tax years, whichever is
the higher, has been paid and a certificate to this effect is issued by the concerned Commissioner.]
3[Provided that the certificate shall only be issued by the Commissioner if an application for the said
certificate is filed before the Commissioner, in the manner and after fulfilling the conditions as specified by
notification in the official Gazette, issued by the Board for the purpose of this clause.]
4[(73) To mitigate part of the cost of obtaining foreign support to fill productivity gap, income tax payable
by a foreign expert shall be exempted provided that such expert is acquired with the prior approval of the
Ministry of Textile Industry.
(74) The provisions of subsection (8) of section 22 shall not apply to Civil Aviation Authority (CAA) in
respect of the asset transferred for the purpose of the ijara agreement between Pakistan Domestic Sukuk
Company Limited and the Federal Government.
(75) The provisions of subsection (15) of section 22 shall not apply to Civil Aviation Authority (CAA) on
the assets acquired from the Federal Government which were previously transferred for the purpose of the
ijara agreement between Pakistan Domestic Sukuk Company Limited and the Federal Government:
Provided that depreciation shall be allowed at the written down value of the assets immediately before
their transfer for the
1 Ins by the Finance Act, 2013, s.7(49)(d)(iii).
2 Ins by the Finance Act, 2015, s.9(65)(D)(m)(w.e.f. 01.07.2015).
3 Added by the Finance Act, 2014, s.7(40)(iv)(i).
4 Added by the Finance Act, 2010, s.8(72)(c ).
412
purpose of above mentioned Ijara agreement.]
1[(76)* * * * * * *]
2[(77) Provisions of sections 148 and 153 shall not be applicable on import and subsequent supply of items
with dedicated use of renewable sources of energy like solar and wind etc., even if locally manufactured,
which include induction lamps, SMD, LEDs with or without ballast with fittings and fixtures, wind turbines
including alternator and mast, solar torches,3[tubular day lightening devices such as solatube,] lanterns and
related instruments, PV modules 4[with or without] the related components including invertors, charge
controllers and batteries.]
5[(78) 6[Coal Mining and Coal based Power Generation Projects in Sindh],—
(i) the dividend income of the shareholders of such a project shall be exempt from provisions of
section 150 from the date of commencement of business till 30 years from such date; and
(ii) the payments made on account of sale or supply of goods or providing or rendering of services
during project construction and operations, shall be exempt from the provisions of section 153.]
7[(79)
8[(8
9[(81) The provisions of clause (a) of section 165, shall not apply to any manufacturer, distributor,
dealer and wholesaler required to collect
1 Clause (76) omitted by the Finance Act, 2012, s.15(57)(III)(f).
2 Added by S.R.O.263(I)/2011, dated 19.03.2011
3 Ins by the Finance Act, 2015, s.9(65)(D)(n) (w.e.f. 01.07.2015).
4 Subs by the Finance Act, 2012, s.15(57)(III)(g).
5 Added by S.R.O.317(I)/2011, dated 19.04.2011
6 Subs by S.R.O.609(I)/2011, dated 13.06.2011
7 Clause (79) omitted by the Finance Act, 2015, s.9(65)(D)(o) (w.e.f. 01.07.2015).
8 Clause (80) omitted by the Finance Act, 2014, s.7(40)(iv)(j).
9 Clause (81) added by S.R.O. 900(I)/2013, dated 04.10.2013
413
advance tax under sub section (1) of section 236H.]
1[(82) The provisions of subsection (2) of section 116 shall not apply for the tax the tax year 2[2014] to
an individual or a member of an association of persons whose last declared or assessed income, or the
declared income for the year is less than one million rupees.]
3[(83)* * * * * * *]
4[(84)* * * * * * *]
4[(85)* * * * * * *]
5[(86) (a) The provisions of section 111 shall not apply to
(i) investment made by an individual in a Greenfield industrial undertaking directly or as an
original allottee in the purchase of shares of a company establishing an industrial undertaking or
capital contribution in an association of persons establishing an industrial undertaking;
(ii) investment made by an association of persons in an industrial undertaking; and
(iii) investment made by a company in an industrial undertaking;
If the said investment is made on or after the 1st day of January, 2014, and commercial production
commences on or before the 30th day of June, 6[2017].
(b) The concessions given in this clause shall also apply to investment made in:
(i) Construction industry in corporate sector.
(ii) Low cost housing construction in the corporate sector.
(iii) Livestock development projects in the corporate sector.
1 Clause (82) added by S.R.O. 978(I)/2013, dated 13.11.2013
2 Subs by the Finance Act, 2014, s.7(40)(IV)(k).
3 Clause (83) omitted by the Finance Act, 2015, s.9( 65)(D)(o)(w.e.f. 01.07.2015).
4 Clauses (84) and (85) omitted by the finance Act, 2014, s.7(40)(IV)(k).
5 Ins by S.R.O. 1065(I)/2013, dated 20.12.2013
6 Subs by the Finance Act, 2015, s.9(65)(D)(p) (w.e.f. 01.07.2015).
414
(iv) New captive power plants.
(v) Mining and quarrying in Thar coal, Balochistan and Khyber Pakhtunkhawa.
(c) The concessions given in subclause (a) shall not apply to investment made in:
(i) Arms and ammunitions
(ii) Explosives
(iii) Fertilizers
(vi) Sugar
(vii) Cigarettes
(vi) Aerated beverages
(vii) Cement
(viii) Textile spinning units
(ix) Flour mills
(x) Vegetable ghee and
(xi) Cooking oil manufacturing
(d) The term Greenfiled industrial undertaking shall include expansion projects for the purposes of this
clause.
(e) Immunity under this clause shall not be available to proceeds of crime relating to offences under
the following laws:
(i) Control of Narcotics Substances Act, 1997;
(ii) Anti Terrorism Act, 1997; and
(iii) AntiMoney Laundering Act, 2010].
1[(87)* * * * * * *]
1[(88)* * * * * * *]
2[(89)* * * * * * *]
2[(90)* * * * * * *]
3[(91) The provisions of section 148 shall not apply to –
1 Clauses (87) and (88) omitted by the Finance Act, 2014, s.7(40)(IV)(k).
2 Clauses (89) and (90) omitted by the Finance Act, 2015, s.9(65)(D)(q) (w.e.f. 01.07.2015).
3 Clause (91) added ibid , s.9(65)(D)(r).
415
(i) Tillage and seed bed preparation equipment as specified below
Equipment PCT Code
(ii) Seeding or planting equipment
Equipment PCT Code
(iii) irrigation, drainage and agrochemical application equipment
416
Equipment PCT Code
8421.9990
(iv) Harvesting, thrashing and storage equipment
Equipment PCT Code
(v) Postharvesting, handling and processing & miscellaneous machinery
Equipment PCT Code
(92) The provisions of section 148 shall not apply to.
417
PCT Code
Aircraft, whether imported or acquired on wet or dry lease 8802.4000
Maintenance kits for use in trainer aircrafts of PCT headings Respective
8802.2000 and 8802.3000
Headings
Spare parts for use in aircrafts, trainer aircrafts or simulators Respective
Headings
Machinery, equipment and tools for setting up maintenance, repair Respective
and overhaul (MRO) workshop by MRO company recognized by
Aviation Division Headings
Operational tools, machinery, equipment and furniture and fixtures Respective
on onetime basis for setting up Greenfield airports by a company
authorized by Aviation “Division Headings
Aviation simulators imported by airline company recognized by Respective
Aviation Division.
Headings
418
(93) The provisions of subsection (1) of section 154 shall not apply to taxpayers operating halal meat
production and qualifying for exemption under clause (126K) of PartI of this Schedule for the period
specified in clause (126K).]
THE THIRD SCHEDULE
1[PARTI
DEPRECIATION
(See Section 22)
Depreciation rates specified for the purposes of section 22 shall be, —
I. Building (all types). 10%
and plant (not otherwise specified), Motor vehicles (all types),
ships, technical or professional books.
IV. In case of mineral oil concerns the income of which is liable to be
computed in accordance with the rules in PartI of the Fifth
Schedule.
(a) Below ground installations 100%
(b) Offshore platform and production installations. 20%]
with disabilities not exceeding Rs.250,000 each.
1 Subs By the Finance Act,2005, s.8(47).
2 Ins by the Finance Act, 2006, s.17(31)(32).
3 Added by the Finance Act, 2010, s.8(73).
419
PART II
INITIAL ALLOWANCE 1[AND FIRST YEAR ALLOWANCE]
2[(3[See Sections 23, 23A and 23B])]
PART III
PRECOMMENCEMENT EXPENDITURE
(See Section 25)
The rate of amortisation of precommencement expenditure under section 25 shall be 20%.
1 Added by the Finance Act, 2008, s.18(37)(a)(i).
2 Subs ibid, s.18(37)(a)(ii).
3 Subs by the Finance Act, 2009, s.5(53)(a)(i).
4 Subs by the Finance Act, 2013, s.7(50).
5 Ins by the Finance Act, 2012, s.15(58).
6 Subs by the Finance Act, 2014, s.7(41).
7 Added by the Finance Act,2008, s.18(37)(a)(iv).
8 Ins by the Finance Act, 2009, s.5(53)(a)(ii).
420
THE FOURTH SCHEDULE
(See Section 99)
RULES FOR THE COMPUTATION OF THE PROFITS AND GAINS OF INSURANCE BUSINESS
Profits on Life Insurance to be Computed Separately
1. The profits and gains of a taxpayer carrying on life insurance business chargeable under the head
“Income from Business” shall be computed separately from the taxpayer’s income from other business.
1[Income from other business shall be profit or loss before tax as per profit and loss account prepared under
the Insurance Ordinance, 2000 (XXXIX of 2000), excluding any surplus appropriation made during the year.]
Computation of Profits and Gains of Life Insurance Business
2[2. The profits and gains of a life insurance business shall be the current year‘s surplus appropriated to
profit and loss account prepared under the Insurance Ordinance, 2000 (XXXIX of 2000), as per advice of
the Appointed Actuary, net of adjustments under sections 22(8), 23(8) and 23(11) of the Insurance
Ordinance, 2000 (XXXIX of 2000) so as to exclude from it any expenditure other than expenditure
which is, under the provisions of Part IV of Chapter III, allowed as a deduction in computing profits and gains
of a business to the extent of the proportion of surplus not distributed to policy holders.] Computing the
Surplus under Rule 2
3. (1) The following 3[provisions] shall apply in computing the surplus for the purposes of rule 2, namely:–
(a) the amounts paid to, or reserved for, or expended on behalf of policyholders shall be allowed as a
deduction;
(b) any amount either written off or reserved in the accounts, or through the actuarial valuation
balance sheet to meet depreciation, or loss on the realization of investments shall be allowed as a
deduction, and any sums taken credit for in the accounts or actuarial valuation balance
1 Added by the Finance Act, 2004, s.6(40)(a).
2 Subs ibid,
3 Subs., for the word “rules” by the Finance Act, 2003, s.12(117)(a)(i).
421
sheet on account of appreciation, or gains on the realisation of investments 1[shall be included in
the surplus]; and
(c) profit on debt 2[accrued] in the intervaluation period in respect of any securities of the Federal
Government which have been issued or declared to be income taxfree shall not be excluded, but
shall be exempt from tax 3[***].
(2) For the purposes of clause (a) of subrule (1) –
(a) in the first computation of the surplus, no account shall be taken of amounts referred to in the
4[said clause] to the extent to which they are paid out, or in respect of any surplus brought
forward from a previous intervaluation period; and
(b) if any amount reserved for policyholders ceases to be so reserved, and is not paid to, or expended
on behalf of policy holders, the sums previously allowed as a deduction under this Ordinance 5[or
the repealed Ordinance] shall be treated as part of the 6[respective statutory fund] for the tax year
in which the amount ceased to be so reserved.
(3) For the purposes of clause (b) of subrule (1), if it appears to the Commissioner, after consultation with
the Securities and Exchange Commission of Pakistan, that the rate of profit on debt or other factors
employed in determining the liability in respect of outstanding policies is inconsistent with the valuation of
investments so as artificially to reduce the surplus, the Commissioner may make such adjustment to
the allowance for depreciation, or in respect of appreciation, of such investment as the Commissioner
thinks reasonable.
7[(4)* * * * * * *]
1 Ins by the Finance Act, 2003, s.12(117)(a)(ii).
2 Subs for the word “received” by the Finance Act, 2004, s.6(40)(c )(i).
3 Omitted by the Finance Act, 2003, s.12(117)(a)(iii).
4 Subs ibid, s.12(117)(b)(i).
5 Ins ibid, s.12(117)(b)(ii).
6 Subs by the Finance Act, 2004, s.6(40)(c)(ii).
7 Rule (4) omitted by the Finance Act, 2004, s.6(40)(d).
422
General Insurance
5. The profits and gains of any business of insurance (other than life insurance) shall be taken to
be the balance of the profits disclosed by the annual accounts required under the Insurance Ordinance, 2000
(XXXIX of 2000), to be furnished to the Securities and Exchange 1[Commission] of Pakistan subject to the
following adjustments –
(a) any expenditure or allowance, or any reserve or provision for any expenditure, or the amount of
any tax deducted at source from dividends or profit on debt received which is not deductible
in computing the income chargeable under the head “Income from Business” shall be
excluded;
2[(b) subject to the provisions of rule 6A, any amount of investment written off shall be allowed as a
deduction, but any amount taken to reserve to meet depreciation of investments shall not be
allowed as a deduction, and any sums taken credit for in the accounts on account of appreciation
of investment shall not be treated as part of the profits and gains, unless these have been
crystallized as gains or losses on the realization of investments;]
(c) no deduction shall be allowed for any expenditure, allowance, reserve, or provision in excess of
the limits laid down in the Insurance Ordinance, 2000 (XXXIX of 2000), unless the excess is
allowed by the 3[Securities] and Exchange Commission and is incurred in deriving income
chargeable to tax 4[; and]
5[(d) no deduction shall be allowed for any expenditure incurred on account of insurance premium or
reinsurance premium paid to an overseas insurance or reinsurance company or a local agent of
an overseas insurance company until tax at the rate of 5% is withheld on the gross amount of
insurance or re insurance premium.]
1 Subs by the Finance Act, 2002, s.8(94)(a).
2 Subs by the Finance Act, 2008, s.18(38)(a)(i).
3 Subs by the Finance Act, 2003, s.12(117)(c)(ii).
4 Subs by the Finance Act, 2008, s.18(38)(a)(ii).
5 Added ibid, s.18(38)(a)(iii).
423
Mutual Insurance Association
6. These rules shall also apply to the assessment of the profits and gains of any business of insurance
carried on by a mutual insurance association and such profits and gains shall be chargeable to tax under
the head “Income from Business”.
1[(6A)* * * * * * *]
2[(6B) Capital gains on disposal of shares of listed companies, vouchers of Pakistan Telecommunication
corporation, modaraba certificate or instruments of redeemable capital and derivative products shall be taxed
at the following rates:
2015
3 Where holding period of a security is 0% 7.5%
twenty four months or more but less
than four years; and
4[* * * * * * *]
(6C) Notwithstanding anything contained in this Ordinance, where loss on disposal of securities is
sustained in a tax year, the loss shall be set off only against the gain from any other securities chargeable to
tax under Rule 6B and no loss shall be carried forward to the subsequent tax year.]
1 Clause (6A) omitted by the Finance Act, 2015, s.9(66)(a)(w.e.f. 01.07.2015).
2 Added by the Finance Act, 2010, s.8(74)(a).
3 Subs by the Finance Act, 2015, s.9(66)(b)(i)(w.e.f. 01.07.2015).
4 Proviso omitted ibid, s.9(66)(b)(ii).
424
1[6D. The provisions of section 4B shall apply to the taxpayers under this schedule and taxed at the rate
specified in Division IIA of part I of the first Schedule.]
Definitions
7. In this Schedule, –
“investments” includes all forms of shares, debentures, bonds, deposits and other securities, derivative
instruments, and includes immovable property whether or not occupied by the insurer;
“life insurance business” means life insurance business as defined in section 4 of the Insurance
Ordinance, 2000 (XXXIX of 2000);2[and]
“Securities and Exchange Commission of Pakistan” means the Securities and Exchange Commission
established under the Securities and Exchange Commission of Pakistan Act, 1997 (XLII of 1997) 3[:]
4[“Securities” for the purposes of Rule 6B means shares of a public company, vouchers of Pakistan
Telecommunication Corporation, Modaraba Certificates or instruments of redeemable capital and derivative
products.”]
5[* * * * * * *]
1 Ins by the Finance Act, 2015, s.9(66)(C )(w.e.f. 01.07.2015).
2 Ins by the Finance Act, 2002, s.8(94)(b)(i).
3 Subs by the Finance Act, 2010, s.8(74)(b).
4 Added ibid, s.8(74)(b).
5 Omitted by the Finance Act, 2002, s.8(94)(b)(iii).
425
THE FIFTH SCHEDULE
(See Section 100)
PART I
RULES FOR THE COMPUTATION OF THE PROFITS AND GAINS FROM THE EXPLORATION
AND PRODUCTION OF PETROLEUM
Exploration and Production of Petroleum a Separate Business
1. Where any person carries on, or is treated as carrying on, under an agreement with the Federal
Government, any business which consists of, or includes, the exploration or production of petroleum in
Pakistan or setting up refineries at Dhodak and Bobi fields, income of exploration and production companies
from pipeline operations, and manufacture and sale of liquified petroleum gas or compressed natural gas, such
business or part thereof, as the case may be, shall be, for the purposes of this Ordinance, treated as a separate
business undertaking (hereinafter referred to as “such undertaking”) and the profits and gains of such
undertaking shall be computed separately from the income, profits, or gains from any other business, if any,
carried on by the person.
Computation of Profits
2 (1) Subject to the provisions of this Part, the profits and gains of such undertaking 1[shall be] computed
in the manner applicable to income, profits and gains chargeable under the head “Income from Business”.
(2) Where such person incurs any expenditure on searching for or discovering and testing a petroleum
deposit or winning access thereto but the search, exploration, enquiry upon which the expenditure is incurred
is given up before the commencement of commercial production, the expenditure allocable to a surrendered
area or to the drilling of a dryhole shall be treated as lost at the time of the surrender of the area or the
completion of the dryhole, as the case may be.
(3) Where the agreement provides that any portion of the expenditure is treated as lost under subrule (2)
(hereinafter referred to as
1 Subs by the Finance Act, 2003, s.12(118)(I)(a).
426
the “said loss”) and is allowed against any income of such undertaking, it shall be allowed in either of the
following ways as may be provided for in the agreement, namely: —
(a) The said loss in any year shall be set off against the income of that year chargeable under the head
“Income from Business” or any income (other than income from dividends) chargeable under any
other head and where the loss cannot be wholly set off in this manner the portion not so set off
shall be carried forward to the following year and set off in the same manner and so on, but no loss
shall be carried forward for more than six years; or
(b) the said loss in any year shall be set off against the income of such undertaking of the tax year in
which commercial production has commenced and where the loss cannot be wholly set off against
the income of such undertaking of that year, the portion not set off against the income, if any, of
such undertaking of that year, and if it cannot be wholly so set off the amount of loss not so set off
shall be carried forward to the following year, and so on, but no loss shall be carried forward for
more than ten years.
(4) After the commencement of commercial production, all expenditure incurred prior thereto and not
1[treated as] lost under subrule (2) and not represented by physical assets in use at the time the
commercial production shall be allowed as a deduction, so, however, that the portion of such deduction to be
so allowed in any year shall be such amount not exceeding ten per cent of the aggregate amount deductible in
respect of 2[onshore] areas, and not exceeding twenty five per cent for offshore areas, as may be selected by
the taxpayer.
(5) Any expenditure, including a royalty paid to the Federal Government by an onshore petroleum
exploration and production undertaking on, or after, the first day of July 2001 (not being in the nature of
capital expenditure or personal expenses of the taxpayer) laid out or expended after the commencement of
commercial production wholly and
1 Subs by the Finance Act, 2003, s.12(118)((b)(i).
2 Subs ibid, s.12(118)(b)(iii).
427
exclusively for the purpose of the business of production and exploration of petroleum carried on by such
undertaking shall be allowed as a deduction, provided that –
(a) no deduction shall be allowed in respect of such expenditure incurred in the acquisition of
depreciable assets to which section 22 applies or in the acquisition of an intangible to which
section 24 applies;
(b) 1[deductions under sections 22, 23 and 24 shall be admissible] in respect of assets referred to in
clause (a);
(c) a depreciation deduction shall also be allowed under section 22 in respect of such expenditure
incurred on the acquisition of the physical assets acquired before the commencement of
commercial production and were being used by such undertaking on and after that date, as if such
assets had been acquired at the time of the commencement of commercial production at their
original cost, as reduced by the amount of depreciation deduction, if any, previously allowed to be
deducted under this Ordinance.
(6) If, in any year, the deductions allowed Part IV of Chapter III and sub rules (3) and (4) exceed the
gross receipts from the sale of petroleum produced in Pakistan, such excess shall be set off against other
income (not being dividends) and carried forward in the manner and subject to the limitations in section 57, so
however that no portion of such excess shall be carried forward for more than six years.
(7) The limitation of six years specified in 2[subrule] (6) shall not apply to depreciation allowed to a
person carrying on the business of offshore petroleum exploration and production, in respect of any
machinery, plant or other equipment used in such exploration or production.
(8) For the purposes of section 22, where any asset used by a person in the exploration and production of
petroleum is exported or transferred out of Pakistan, the person shall be treated as having made a disposal of
the asset for a consideration received equal to the cost of the asset as reduced by any depreciation deductions
allowed under this Ordinance (other than an initial allowance under section 23).
1 Subs by the Finance Act, 2003, s.12(118)(c ).
2 Subs ibid, s.12(118)(d).
428
Depletion Allowance
3. In determining the income of such undertaking for any year ending after the date on which commercial
production has commenced, an allowance for depletion shall be made equal to fifteen per cent of the gross
receipts representing the wellhead value of the production, but not exceeding fifty per cent of the profits or
gains of such undertaking before the deduction of such allowance.
Limitation on Payment to Federal Government and Taxes
4. (1) The aggregate of the taxes on income and other payments excluding a royalty as specified in the
Pakistan Petroleum 1[exploration] (Production) Rules, 1949 or the Pakistan Petroleum (Exploration and
Production) Rules, 1986 and paid by an onshore petroleum and production undertaking on, or after, the first
day of July 2001 to the Government in respect of the profits or gains derived from such undertaking for a tax
year shall not exceed the limits provided for in the agreement, provided the 2[said aggregate shall not be] less
than fifty per cent of the profits or gains derived by an onshore petroleum exploration and production
undertaking and forty per cent of the profits or gains derived by an offshore petroleum exploration and
production undertaking, before deduction of the payment to the Federal Government.
(2) In respect of any tax year commencing on, or after, the first day of July, 2002, the aggregate referred
to in subclause (1) shall not be less than forty per cent of the profit or gains derived by an onshore petroleum
exploration and production undertaking before the deduction of payment excluding royalty paid by an onshore
3[petroleum exploration and production undertaking] to the Federal Government.
(3) If, in respect of any tax year, the aggregate of the taxes on income and payments to the Federal
Government is greater or less than the amount provided for in the agreement, an 4[additional amount of tax]
shall be payable by the taxpayer, or an abatement of tax shall be allowed to the taxpayer, as the case may be,
so as to make the aggregate of the taxes on income and payments to the Federal Government equal to the
amount provided for in the agreement.
1 Ins by the Finance Act, 2003, s.12(118)(II)(a)(i).
2 Subs ibid, s.12(118)(II)(a)(ii).
3 Subs ibid, s.12(118)(II)(b).
4 Subs ibid, s.12(118)(II)(c ).
429
(4) If, in respect of any year, the payments to the Federal Government exceed the amount provided for in
the agreement, so much of the excess as consists of any tax or levy referred to in subclause (b) of clause (3)
of rule 6 shall be carried forward and treated, for the purposes of this rule, as payments to the Federal
Government for the succeeding year, provided that the whole of the payments to the Federal Government
exceeding the amount provided for in such agreement may be carried forward if so provided for in any
agreement with a taxpayer made before the first day of 1970.
1[(4A) Notwithstanding anything contained in this Schedule, a person, for tax year 2012 and onward, may
opt to pay tax at the rate of forty per cent of the profits and gains, net of royalty, derived by a petroleum
exploration and production undertaking:
Provided that this option shall be available subject to withdrawal of appeals, references and petitions on
the issue of tax rate pending before any appellate forum:
Provided further that the outstanding tax liability created under this Ordinance up to tax year 2011 is paid
by the 30th June, 2012:
Provided also that this option is available only for one time and shall be irrevocable.]
2[4A. Decommissioning cost.— With effect from the Tax Year 2010, “Decommissioning Cost”
as certified by a Chartered Accountant or a Cost Accountants, in the manner prescribed, shall be allowed
over a period of ten years or the life of the development and production or mining lease whichever is less,
starting from the year of commencement of commercial production or commenced prior to the 1st July,
2010, deduction for decommissioning cost as referred earlier shall be allowed from the Tax Year 2010 over the
period of ten years or the remaining life of the development and production or mining lease, which ever is
less.]
3[4AA. The provisions of section 4B shall apply to the taxpayers under this Part and taxed at the rates
specified in Division IIA of Part I of the First Schedule.]
1 Ins by the Finance Act, 2012, s.15(60).
2 Ins by the Finance Act, 2010, s. 8(75)(i).
3 Ins by the Finance Act, 2015, s.9 (67)(A) (w.e.f. 01.07.2015)
430
Provision Relating to Rules
5. The 1[Board] may make rules for the purposes of any matter connected with, or incidental to the
operation of this Part.
Definitions
6. In this Part, –
(1) “agreement” means an agreement entered into between the Federal Government and a taxpayer for
the exploration and production of petroleum in Pakistan;
(2) “commercial production” means production as determined by the Federal Government;
(3) “payments to the Federal Government” means amounts payable to the Federal Government or to any
Federal Governmental authority in Pakistan –
(a) in respect of royalties as specified in the Pakistan Petroleum (Production) Rules, 1949, or the
Pakistan Petroleum (Exploration and Production) Rules, 1986; and
(b) in respect of any tax or levy imposed in Pakistan peculiarly applicable to oil production or to
extractive industries or any of them and not generally imposed upon all industrial and commercial
activities;
(4) “petroleum” means crude oil, natural gas, and casehead petroleum spirits as defined in the Pakistan
Petroleum (Production) Rules, 1949, or the Pakistan Petroleum (Exploration and Production) Rules, 1986,
but does not include refined petroleum products;
(5) “surrender” means the termination of rights with respect to an area including the expiration of rights
according to the terms of an agreement;
(6) “surrendered area” means an area with respect to which the rights of the person have terminated by
surrender or by
assignment or by termination of the business;
(7) “Taxes on income” and “tax” includes income tax, but does not include payments to the Federal
Government; and
(8) “wellhead value” shall have the meaning assigned to it in the agreement between the Federal
Government and the taxpayer, and in the absence of any such definition in the agreement, the meaning
assigned to it in the Pakistan Petroleum (Production) Rules, 1949, or the Pakistan Petroleum (Exploration and
Production) Rules, 1986.
1 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
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PART II
RULES FOR THE COMPUTATION OF THE PROFITS AND GAINS FROM THE EXPLORATION
AND EXTRACTION OF MINERAL DEPOSITS (OTHER THAN PETROLEUM)
Exploration and Extraction of Mineral Deposits a Separate Business
1. Where any person carries on, or is treated as carrying on, any business which consists of or includes the
exploration or extraction of mineral deposits of a wasting nature (other than petroleum) in Pakistan, such
business or part thereof, as the case may be, shall be, for the purposes of this Ordinance 1[or the repealed
Ordinance], treated as a separate undertaking (hereinafter referred to as “such undertaking”) and the profits
and gains of such undertaking shall be computed separately from the income, profits and gains from any other
business, if any, carried on by the person.
Computation of Profits
2. (1) Subject to the provisions of this Part, the profits and gains of such undertaking shall be computed in
the manner applicable to income, profits and gains chargeable under the head “Income from Business”.
(2) All expenditure on prospecting and exploration incurred by such undertaking up to the date of
commercial production shall be, to the extent to which it cannot be set off against any other income of such
undertaking, treated as a loss.
(3) The loss referred to in subrule (2) shall be carried forward and set off against the income of such
undertaking after the commencement of commercial production, so, however, that if it cannot be wholly set
off against the income of such undertaking of the tax year in which the commercial production had
commenced, the portion not so set off shall be carried forward to the following year and so on, but no
such loss shall be carried forward for more than ten years beginning with the year in which commercial
production commenced.
(4) After the commencement of commercial production, depreciation in respect of machinery and plant
for extracting the ore shall
1 Ins by the Finance Act, 2003, s.12(118)(B)(i).
432
be allowed as a deduction from the profits and gains of the tax year in which they are used for the first time in
an amount equal to the original cost of such asset and the provisions of section 22 shall apply accordingly.
1[2A. The provisions of section 4B shall not apply to the taxpayers under this Part and the taxed at the
rates specified in Division IIA of Part I of the First Schedule.]
Depletion Allowance
3. (1) In determining the profits and gains of such undertaking for any year an additional allowance
(hereinafter referred to as the “depletion allowance”) shall be made equal to twenty per cent of the taxable
income of such undertaking (before the deduction of such allowance).
(2) No deduction under subrule (1) shall be made unless an amount equal to the depletion allowance is set
apart and left as a reserve to be utilized for the development and expansion of such undertaking.
(3) Where a depletion allowance is made in any tax year and subsequently it is utilized for any
purpose contrary to the provisions of subrule (2), the amount originally allowed under this Ordinance shall be
treated as having been wrongly allowed and the Commissioner may, notwithstanding anything contained in
the Ordinance, recompute the taxable income of the taxpayer for the relevant tax years and the provisions of
section 122 shall apply, so far as may be, thereto, the period of five years specified in the section being
reckoned from the end of the tax year 2[***] in which the amount was so utilized.
Tax Exemption of Profits from Refining or Concentrating Mineral Deposits
4. (1) Where such undertaking is also engaged in the business of refining or concentrating in Pakistan the
mineral deposits extracted by it in Pakistan, so much of the profits and gains (hereinafter referred to as the
“said amount”) derived from such business as does not exceed ten per cent of the capital employed in such
business (such capital being computed
1 Ins by the Finance Act, 2015, s.9(67)(B)(w.e.f. 01.07.2015).
2 The words “relevant to the tax year” omitted by the Finance Act, 2003, s.12(118)(B)(ii).
433
in accordance with such rules as may be made by the 1[Board] for the purposes of this rule) shall be exempt
from tax.
(2) Where the profits and gains of such business computed for any tax year cover a period which is less or
more than one year, the amount of profits and gains exempt under subrule (1) shall be the amount which
bears the same proportion to the said amount of profits as the said period bears to a period of one year.
(3) The profits and gains of the business to which this rule applies shall be computed in accordance with
Part IV of Chapter III.
(4) Nothing contained in this rule shall apply to an undertaking formed by the splitting up or
reconstruction or reconstitution of business already in existence or by the transfer to a new business of any
building, machinery, or plant used in a business which was carried on before the 1st day of July, 1975.
(5) The provisions of this rule shall apply to the tax year 2[***] in which commercial production is
commenced or the loss or allowance, if any, under sub rules (3) or (4) of rule 2, as the case may be, has been
set off or deducted in full, whichever is the latter, and for the next following four years.
Provisions Relating to Rules
5. The 1[Board] may make rules providing for any matter connected with, or incidental to, the operations
of this Part.
Definitions
6. In this Part, –
(1) “commercial production” means production as determined by the Commissioner; and
(2) “petroleum” has the same meaning as in clause (4) of rule 6 of Part I.
1 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
2 The words “next following the tax year” omitted by the Finance Act, 2003, s.12(118)(B)(iv).
434
THE SIXTH SCHEDULE
PART I
RECOGNISED PROVIDENT FUNDS
[See sections 2( 1[48] ) and 21(e)]
1. Recognition of provident funds.— (1) The Commissioner may accord recognition to any provident
fund which, in his opinion, complies with the requirements of rule 2, and may at any time, withdraw such
recognition if, in his opinion, the circumstances of the fund cease to warrant the continuance of the
recognition.
(2) An order according recognition shall take effect on such date as the Commissioner may fix in
accordance with such rules as the 2[Board] may make in this behalf, such date not being later than the last day
of the financial year in which the order is made.
(3) An order according recognition to a provident fund shall not, unless the Commissioner otherwise
directs, be affected by the fact that the fund is subsequently amalgamated with another provident fund on the
occurrence of an amalgamation of the undertakings in connection with which the two funds are maintained or
that it subsequently absorbs the whole or a part of another provident fund belonging to an undertaking
which is wholly or in part transferred to, or merged in, the undertaking of the employer maintaining the first
mentioned fund.
(4) An order withdrawing recognition shall take effect from such date as the Commissioner may fix.
(5) The Commissioner shall neither refuse nor withdraw recognition of any provident fund, unless he has
given to the trustees of the fund a reasonable opportunity of being heard.
2. Conditions for approval. — (1) In order that a provident fund may receive and retain recognition it
shall satisfy the conditions hereinafter specified and any other conditions which the 2[Board] may, by rules,
prescribe
1 Subs by the Finance Act, 2005, s.8(49).
2 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
435
(a) all employees shall be employed in Pakistan , or shall be employed by an employer whose
principal place of business is in Pakistan:
Provided that the Commissioner may, if he thinks fit, and subject to such conditions, if any, as he thinks
proper to attach to the recognition, accord recognition to a fund maintained by an employer whose principal
place of business is not in Pakistan, provided the proportion of employees employed outside Pakistan does not
exceed ten per cent;
(b) the contributions of an employee in any year shall be a definite proportion of his salary for that
year, and shall be deducted by the employer from the employee's salary in that proportion, at
each periodical payment of such salary in that year, and credited to the employee's individual
account in the fund:
Provided that an employee, who retains his employment while serving in armed forces of Pakistan or
when taken into, or employed in, the national service under any law for the time being in force, may, whether
he receives from the employer any salary or not contribute to the fund during his service in the armed forces
of Pakistan or while so taken into, or employed in, the national service a sum not exceeding the amount he
would have contributed had he continued to serve the 1[employer];
(c) the contributions of an employer to the individual account of an employee in any year shall not
exceed the amount of the contributions of the employee in that year, and shall be credited to the
employee's individual account at intervals not exceeding one year:
Provided that, subject to any rules which the 2[Board] may make in this behalf, the Commissioner may, in
respect of any particular fund, relax the provisions of this clause —
1 Subs by the Finance Act, 2003, 12(119)(a)(i).
2 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
436
(i) so as to permit the payment of larger contributions by an employer to the individual accounts
of employees whose salaries do not, in each case, exceed five hundred rupees per month;
(ii) so as to permit the crediting by employers to the individual accounts of employees of
periodical bonuses or other contributions 1[***] of a contingent nature, where the calculation
and payment of such bonuses or other contributions is provided for on definite principles by
the regulations of the fund;
(d) the employer shall not be entitled to recover any sum whatsoever from the fund, save in
cases where the employee is dismissed for misconduct or voluntarily leaves his employment
otherwise than on account of illhealth or other unavoidable cause before the expiration of the
term of service specified in this behalf in the regulations of the fund:
Provided that in such cases the recoveries made by the employer shall be limited to the contributions
made by him to the individual account of the employee, and to interest credited in respect of such
contributions in accordance with the regulations of the fund and accumulations thereof;
(e) the fund shall be vested in two or more trustees or in the Official Trustees under a trust which shall
not be recoverable save with the consent of all the beneficiaries;
(f) the fund shall consist of contributions as above specified, received by the trustees, or
accumulations thereof, and of interest credited in respect of such contributions and
accumulations, and of securities purchased therewith and of any capital
1 The words “is provided for on definite principles by the regulations” omitted by the Finance Act, 2003, s.12(119)(a)(ii).
437
gains arising from the transfer of capital assets of the fund, and of no other sums;
(g) the accumulated balance due to an employee shall be payable on the day he ceases to be an
employee of the employer maintaining the 1[fund]:
Provided that notwithstanding anything contained in clause (f) or (g):—
(i) at the request made in writing by the employee who ceases to be an employee of the employer
maintaining the fund, the trustees of the fund may consent to retain the whole or any part of the
accumulated balance due to the employee to be drawn by him at any time on demand;
(ii) where the accumulated balance due to an employee who has ceased to be an employee is retained
in the fund in accordance with the preceding clause, the fund may consist also of interest in
respect of such accumulated balance;
(iii) the fund may also consist of any amount transferred from the individual account of an employee
in any recognized provident fund maintained by his former employer and the interest in respect
thereof;
(h) save as provided in clause (g) or in accordance with such conditions and restrictions as the Central
Board of Revenue may, by rules, specify, no portion of the balance to the credit of an employee
shall be payable to him:
Provided that in order to enable an employee to pay the amount of tax assessed on his total income as
determined under subrule (4) of rule 7, he shall be
1 Subs for the words “funds” by the Finance Act, 2003, s.12(119)(a)(iii).
438
entitled to withdraw from the balance to his credit in the recognized provident fund a sum not
exceeding the difference between such amount and the amount to which he would have been
assessed if the transferred balance referred to in subrule (2) of rule 7 had not been included in his
total income.
3. Employer's annual contributions, when deemed to be income received by employee. — That
portion of the annual accretion in any year to the balance at the credit of an employee participating in a
recognized provident fund as consists of
(a) contributions made by the employer in excess of 1[onetenth] of the salary 2[or Rs.100,000,
whichever is low] of the employee; and
(b) interest credited on the balance to the credit of the employee in so far as it exceeds onethird of
the salary of the employee or is allowed at a rate exceeding such rate as may be fixed by the
Federal Government in this behalf by notification in the official Gazette, shall be 3[treated] to
have been received by the employee in that year and shall be included in his total income for that
year and shall be liable to income tax.
4. Exclusion from total income of accumulated balance. — (1) Subject to such rules as may be made
by the 4[Board] in this behalf, the accumulated balance due and becoming payable to an employee
participating in a recognized provident fund shall be excluded from the computation of his total income.
(2) The provisions of subrule (1) shall also apply where, on the cessation of his employment, the
employee obtains employment with any other employer and the accumulated balance due and becoming
payable to him is transferred to his individual account in any recognized provident fund maintained by such
other employer.
1 Subs., for the words “onetwelfth” by the Finance Act, 2002, s.8(95)(a).
2 Ins by the Finance Act, 2008, s.18(39)(a).
3 Subs., for the word “deemed” by the Finance Act, 2002, s.8(95)(b).
4 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
439
5. Tax on accumulated balance. — Where the accumulated balance due to an employee participating in
a recognized provident fund is included in his total income, the Commissioner shall calculate the total of the
various sums of tax which would have been payable by the employee in respect of his total income for each of
the years concerned if the fund had not been a recognized provident fund and the amount by which such total
exceeds the total of all sums paid by, or on behalf of such employee by way of tax for such years shall be
payable by the employee in addition to any other tax for which he may be liable for the income year in which
the accumulated balance due to him becomes payable.
6. Deduction at source of tax payable on accumulated balance. — The trustees of a recognized
provident fund, or any person authorized by the regulations of the fund to make payment of accumulated
balance due to employees shall, in cases where rule 5 applies, at the time an accumulated balance due to an
employee is paid, deduct therefrom the amount payable under that rule and the provisions of Part V of
Chapter X shall, so far as may be, apply as if the accumulated balance were income chargeable under the head
"Salary".
7. Treatment of balance in newly recognized provident fund. — (1) Where recognition is accorded to a
provident fund with existing balance, an account shall be made of the fund up to the day immediately
preceding the day on which the recognition takes effect showing the balance to the credit of each employee
on such day and containing such further particulars as the Central Board of Revenue may prescribe.
(2) The account referred to in subrule (1) shall also show in respect of the balance to the credit of an
employee the amount thereof which is to be transferred to that employee's account in the recognized
provident fund, and such amount (hereinafter called his `transferred balance') shall be shown as the balance to
his credit in the recognized provident fund on the date on which the recognition of the fund takes effect, and
the provisions of subrule (4) and the proviso to clause (h) of rule 2 shall apply thereto.
(3) Any portion of the balance to the credit of an employee in the existing fund which is not transferred to
the recognized fund shall be excluded from the accounts of the recognized fund and shall be liable to income
tax in accordance with the provisions of this Ordinance, other than this Part.
440
(4) Subject to such rules as the 1[Board] may make in this behalf, the Commissioner shall make a
calculation of the aggregate of all sums comprised in a transferred balance which would have been liable to
incometax if this Part had been in force from the date of the institution of the fund, without regard to any tax
which may have been paid on any sum, and such aggregate, if any, shall be deemed to be income received by
the employee in the income year in which the recognition of the fund takes effect and shall be included in the
employee's total income for that year, and, for the purposes of assessment, the remainder of the transferred
balance shall be disregarded, but no other exemption or relief, by way of refund or otherwise, shall be granted
in respect of any sum comprised in such transferred balance:
Provided that, in cases of serious accounting difficulty, the Commissioner may, subject to the said rules,
make a summary calculation of such aggregate.
(5) Nothing in this rule shall affect the rights of the persons administering an unrecognized
provident fund or dealing with it, or with the balance to the credit of any individual employees, before
recognition is accorded, in any manner which may be lawful.
8. Accounts of recognized provident funds. — (1) The accounts of a recognized provident fund shall be
maintained by the trustees of the fund and shall be in such form and for such periods, and shall contain such
particulars, as may be prescribed.
(2) The accounts shall be open to inspection at all reasonable times by income tax authorities, and the
trustees shall furnish to the Commissioner such abstracts thereof as may be prescribed.
9. Treatment of fund transferred by employer to trustee. — (1) Where an employer, who maintains a
provident fund (whether recognized or not) for the benefit of his employees and has not transferred the fund
or any portion of it, transfers such fund or portion to trustees in trust for the employees participating in the
fund, the amount so transferred shall be deemed to be of the nature of capital expenditure.
1 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
441
(2) When an employee participating in such fund is paid the accumulated balance due to him
therefrom, any portion of such balance as represents his share in the amount so transferred to the
trustees (without addition of interest, and exclusive of the employee's contributions and interest thereon)
shall, if the employer has made effective arrangement to secure that tax shall be deducted at source from the
amount of such share
when paid to the employee, be deemed to be an expenditure by the employer, within the meaning of
section 1[20], incurred in the 2[tax] year in which the accumulated balance due to the employee is paid.
10. Particulars to be furnished in respect of recognized provident funds.— The trustees of a
recognized provident fund and any employer who contributes to a recognized provident fund shall, when
required by notice from the Commissioner, within such period (not being less than twenty one days from the
date 3[of service] of the notice), as may be specified in the notice, furnish such return, statement, particulars
or information, as the Commissioner may require.
11. Provisions of this Part to prevail against regulations of the fund. — Where there is a repugnance
between any regulations of a recognized provident fund and any provision of this Part or of the rules
made thereunder, the regulation shall, to the extent of the repugnance, be of no effect, and the
Commissioner may, at any time, require that such repugnance shall be removed from the regulations of the
fund.
12. Appeals. — (1) An employer objecting to an order of Commissioner refusing to recognize, or an
order withdrawing recognition from a provident fund may appeal, within sixty days of the 4[service] of such
order, to the 5[Board].
(2) The 5[Board] may admit an appeal after the expiration of the period specified in subrule (1), if it is
satisfied that the appellant was prevented by sufficient cause from presenting it within that period.
(3) The appeal shall be in such form and shall be verified in such manner and shall be accompanied by
such fee as may be prescribed.
1 Subs for the figure “23” by the Finance Act, 2003,s.12(119)(A)(b)(i).
2 Subs for the word “income” ibid, s.12(119)(A)(B)(ii).
3 Ins ibid, s.12(119)(c ).
4 Subs ibid, s.12(119)(d).
5 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
442
13. Provisions relating to rules. — In addition to any power conferred by this Part, the 1[Board] may
make rules:
(a) prescribing the form of application for recognition and the statement and other particulars
and documents to be submitted therewith;
(b) limiting the contributions to a recognized provident fund by employees of a company, who are
shareholders in the company;
(c) providing for the assessment by way of penalty of any consideration received by an employee for
an assignment of, or creation of a charge upon, his beneficial interest in a recognized provident
fund;
(d) determining the extent to, and the manner in, which exemption from payment of tax may be
granted in respect of contributions and interest credited o the individual accounts of employees in
a provident fund from which recognition has been withdrawn;
(e) regulating the investment of the moneys of a recognized provident fund; and
(f) generally, to carry out the purposes of this Part and to secure such further control over the
recognition of provident funds and the administration of recognized provident funds as it may
deem requisite.
14. Definitions. — In this Part, unless the context otherwise requires,
(a) "accumulated balance due to an employee" means the balance to his credit, or such portion
thereof as may be claimable by him under the regulations of the fund, on the day he ceases to be
an employee of the employer maintaining the 2[fund];
1 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
2 Subs for the word “funds” by the Finance Act, 2003, s.12(119)(A)(e).
443
(b) "annual accretion" in relation to the balance to the credit of an employee, means the increase to
such balance in any year, arising from contributions and interest;
(c) "balance to the credit of an employee" means the total amount to the credit of his individual
account in a provident fund at any time;
(d) "contribution" means any sum credited by or on behalf of, any employee out of his salary or by an
employer out of his own money, to the individual account of an employee, but does not include
any sum credited as interest;
(e) "employee" means an employee participating in a provident fund, but does not include a personal
or domestic servant;
(f) "employer" means any person who maintains a provident fund for the benefit of his or its
employees, being an individual, a company or an association of persons engaged in any
business the profits and gains whereof are chargeable to income tax under the head "Income
from Business";
(g) "regulations of fund" means the special body of regulations governing the constitution and
administration of a particular provident fund; and
(h) "salary" includes dearness allowance, if the terms of employment so provide, but excludes
all other allowances and perquisites.
15. Application of this Part. — This Part shall not apply to any provident fund to which the Provident
Funds Act, 1925 (XIX of 1925) applies.
444
PART II
[ See sections 1[12](5) and 21(e), and the Second Schedule]
APPROVED SUPERANNUATION FUNDS
1. Approval of superannuation funds.— (1) The Commissioner may accord approval to any
superannuation fund or any part of a superannuation fund which, in his opinion, complies with the
requirements of rule 2, and may, at any time withdraw such approval if, in his opinion, the circumstances of
the fund or the part, as the case may be, cease to warrant the continuance of the approval.
(2) An order according approval or withdrawing approval shall take effect from such date as the
Commissioner may fix.
(3) The Commissioner shall neither refuse nor withdraw approval to any superannuation fund or any part
of a superannuation fund unless he has given the trustees of that fund a reasonable opportunity of being heard.
2. Conditions for approval. — In order that a superannuation fund may receive and retain approval, it
shall satisfy the conditions hereinafter specified and any other conditions which the 2[Board] may, by rules
prescribe
(a) the fund shall be a fund established under an irrevocable trust, in connection with a trade or
undertaking carried on in Pakistan, and not less than ninety per cent of the employees shall be
employed in Pakistan;
(b) the fund shall have for its sole purpose the provision of annuities for employees in the trade or
undertaking on their retirement at or after a specified age or on their becoming incapacitated prior
to such retirement, or for widows, children or dependants of persons who are or have been such
employees on the death of these persons;
(c) the employer in the trade or undertaking shall be a contributor to the fund; and
1 Subs by the Finance Act, 2009, s.5(54).
2 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
445
(d) all annuities, pensions and other benefits granted from the fund shall be payable only in Pakistan.
3. Application for approval.— (1) An application for approval of a superannuation fund, or part of a
superannuation fund, shall be made in writing by the trustees of the fund to the Commissioner by whom the
employer is assessable, and shall be accompanied by a copy of the instrument under which the fund is
established and by two copies of the regulations and, where the fund has been in existence during any year or
years prior to the financial year in which the application for approval is made, also two copies of the accounts
of the funds relating to such prior year or years (not being more than three years immediately preceding the
year in which the said application is made) for which such accounts have been made up, but the
Commissioner may require such further information to be supplied as he thinks proper.
(2) If any alternation in the regulations, constitutions, objects or conditions of the fund is made at any time
after the date of the application for approval, the trustees of the fund shall forthwith communicate such
alteration to the Commissioner mentioned in subrule (1), and, in default of such communication, any approval
given shall, unless the Commissioner otherwise directs, be deemed to have been withdrawn from the date on
which the alteration took effect.
4. Contributions by employer, when deemed to be his income. — Where any contributions by an
employer (including the interest thereon, if any), are repaid to the employer, the amount so repaid shall be
deemed for the purpose of tax to be the income of the employer of the income year in which it is so repaid.
5. Deduction of tax on contributions paid to an employee. — Where any contributions made by an
employer (including interest on contributions, if any), are repaid to an employee during his lifetime in
circumstances other than those referred to in clause (25) of Part I of the Second Schedule, tax on the amount
so repaid shall be deducted by the trustees 1[at the rate applicable to the year of withdrawal] and shall be
paid by the trustees to the credit of the Federal Government within such time and in such manner as
may be prescribed.
1 Subs by the Finance Act, 2008, s.18(39)(b).
446
6. Deduction from pay of and contributions on behalf of employees to be included in a statement
under section 165. — Where an employer deducts from the emoluments paid to an employee or pays
on his behalf any contributions of that employee to an approved superannuation fund, he shall include all
such deductions or payments in a statement which he is required to furnish under section 165.
7. Liability of trustees on cessation of approval. — If a fund, or a part of a fund, for any reason ceases
to be an approved superannuation fund, the trustees of the fund shall nevertheless remain liable to tax on any
sum paid on account of returned contributions (including interest on contributions, if any), in so far as the sum
so paid is in respect of contributions made before the fund or part of the fund, as the case may be, ceased to
be an approved superannuation fund under the provisions of this Part.
8. Particulars to be furnished in respect of superannuation fund. — The trustees of an approved
superannuation fund and any employer who contributes to an approved superannuation fund shall, when
required by notice from the Commissioner, within such period (not being less than twentyone days from the
date 1[of service] of the notice), as may be specified in the notice, furnish such return, statement, particulars
or information, as the Commissioner may require.
9. Provisions of the Part to prevail against regulations of the fund. — Where there is a repugnance
between any regulation of an approved superannuation fund and any provision of this Part or of the rules
made thereunder the regulation shall, to the extent of the repugnance, be of no effect ; and the Commissioner
may, at any time, require that such repugnance shall be removed from the regulations of the fund.
10. Appeals. — (1) An employer objecting to an order of the Commissioner refusing to accord approval to
a superannuation fund or an order withdrawing such approval may appeal, within sixty days of the 2[service]
of such order, to the 3[Board].
(2) The 3[Board] may admit an appeal after the expiration of the period specified in subrule (1), if it is
satisfied that the appellant was prevented by sufficient cause from presenting it within that period.
1 Ins by the Finance Act, 2003, s.12(119)(B)(a).
2 Subs ibid, s.12(119)(B)(b).
3 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
447
(3) The appeal shall be in such form and shall be verified in such manner and shall be accompanied by
such fee as may be prescribed.
11. Provisions relating to rules. — (1) In addition to any power conferred by this Part, the 1[Board] may
make rules
(a) prescribing the statements and other information to be submitted along with an application for
approval;
(b) prescribing the returns, statements, particulars, or information which the Commissioner may
require from the trustees of an approved superannuation fund or from the employer;
(c) limiting the ordinary annual contribution and any other contributions to an approved
superannuation fund by an employer;
(d) regulating the investment or deposit of the moneys of any approved superannuation fund;
(e) providing for the assessment by way of penalty of any consideration received by an employee for
an assignment of, or creation of a charge upon, his beneficial interest in an approved
superannuation fund;
(f) providing for the withdrawal of approval in the case of a fund which ceases to satisfy the
requirements of this Part or of the rules made thereunder; and
(g) generally, to carry out the purposes of this Part and to secure such further control over the
approval of superannuation funds and the administration of approved superannuation funds as it
may deem requisite.
12. Definitions.— In this Part, unless the context otherwise requires "contributions", "employee',
"employer", "regulations of a fund" and "salary" have, in relation to superannuation funds, the meanings
assigned to those expressions in rule 14 of Part I in relation to provident funds.
1 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
448
PART III
[ See sections 2(4) and 21(e), and the Second Schedule]
APPROVED GRATUITY FUNDS
1. Approval of Gratuity Funds. — (1) The Commissioner may accord approval to any gratuity
fund which, in his opinion, complies with the requirements of rule 2 and may, at any time, withdraw such
approval if, in his opinion, the circumstances of the fund cease to warrant the continuance of the approval.
(2) An order according approval or withdrawing approval shall take effect from such date as the
Commissioner may fix.
(3) The Commissioner shall neither refuse nor withdraw approval to any gratuity fund unless he has given
the trustees of that fund a reasonable opportunity of being heard.
2. Conditions for approval. — In order that a gratuity fund may receive and retain approval, it shall
satisfy the conditions hereinafter specified and any other conditions which the 1[Board] may, by rules,
prescribe –
(a) the fund shall be a fund established under an irrevocable trust in connection with trade or
undertaking carried on in Pakistan, and not less than ninety per cent of the employees shall be
employed in Pakistan;
(b) the fund shall have for its sole purpose the provision of a gratuity to employees in the trade or
undertaking on their retirement at or after a specified age or on their 2[becoming incapacitated
prior to] such retirement, or on termination of their employment after a minimum period of service
specified in the regulations of the fund or to the widows, children or dependents of such
employees on their death;
1 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
2 Subs by the Finance Act, 2003, s.12(119)(C)(a).
449
(c) the employer in the trade or undertaking shall be a contributor to the fund; and
(d) all benefits granted by the fund shall be payable only in Pakistan.
3. Application for approval. — (1) An application for approval of a gratuity fund shall be made in
writing by the trustees of the fund to the Commissioner by whom the employer is assessable and shall be
accompanied by copy of the instrument under which the fund is established and by two copies of the rules
and, where the fund has been in existence during any year or years prior to the financial year in which the
application for approval is made, also two copies of the accounts of the fund relating to such prior year or
years (not being more than three years immediately preceding year in which the said application is made) for
which such accounts have been made up, but the Commissioner may require such further information to be
supplied as he thinks proper.
(2) If any alteration in the rules, constitution, objects or conditions of the fund is made at any time after
the date of the application for approval, the trustees of the fund shall forthwith communicate such
1[alteration] to the Commissioner mentioned in subrule (1), and in default of such communication, any
approval given shall, unless the Commissioner otherwise orders, be deemed to have been withdrawn from the
date on which the alteration took effect.
4. Gratuity deemed to be salary. — Where any gratuity is paid to an employee during his lifetime, the
gratuity shall be treated as salary paid to the employee for the purposes of this Ordinance.
5. Liability of trustees on cessation of approval. — If a gratuity fund for any reason ceases to be an
approved gratuity fund, the trustees of the fund shall nevertheless remain liable to tax on any gratuity paid to
any employee.
6. Contributions by employer, when deemed to be his income. — Where any contributions by an
employer (including the interest thereon, if any,) are repaid to the employer, the amount so repaid shall be
deemed for the purposes of tax to be the income of the employer of the income year in which they are so
repaid.
1 Subs for the word “alterations” by the Finance Act, 2003, s.12(119)(C )(b).
450
7. Particulars to be furnished in respect of gratuity funds. — The trustees of an approved gratuity fund
and any employer who contributes to an approved gratuity fund shall, when required by notice from the
Commissioner, furnish, within such period not being less than twentyone days from the date 1[of service] of
the notice as may be specified in the notice, such return, statement, particulars or information, as the
Commissioner may require.
8. Provisions of the Part to prevail against regulations of the fund. — Where there is repugnance
between any rule of an approved gratuity fund and any provision of this Part or of the rules made thereunder
the said rule shall, to the extent of repugnance, be of no effect and the Commissioner may, at any time, require
that such repugnance shall be removed from the rules of the fund.
9. Appeals. — (1) An employer objecting to an order of the Commissioner refusing to accord approval to
a gratuity fund or an order withdrawing such approval may appeal, within sixty days of the 2[receipt] of such
order, to the 3[Board].
(2) The 3[Board] may admit an appeal after the expiration of the period specified in subrule (1), if it is
satisfied that the appellant was prevented by sufficient cause from presenting it within that period.
(3) The appeal shall be in such form and shall be verified in such manner and shall be accompanied by
such fee as may be prescribed.
10. Provisions relating to rules. — (1) In addition to any power conferred in this Part, the 3[Board] may
make rules –
(a) prescribing the statements and other information to be submitted along with an application for
approval;
(b) limiting the ordinary annual and other contributions of an employer to the fund;
(c) regulating the investment or deposit of the moneys of an approved gratuity fund;
(d) providing for the assessment by way of penalty of any consideration received by an employee for
an assignment of, or the creation of a charge upon, his beneficial interest in an approved gratuity
fund;
(e) providing for withdrawal of the approval in the case of a fund which ceases to satisfy the
requirements of this Part or the rules made thereunder; and
(f) generally, to carry out the purposes of this Part and to secure such further control over the approval
of gratuity funds and the administration of gratuity funds as it may deem requisite.
11. Definitions.— In this Part, unless the context otherwise requires, "contribution", "employee",
"employer", "regulations of a fund" and "salary" have in relation to gratuity funds, the meaning assigned to
those expressions in rule 14 of Part I in relation to provident funds.
1 Ins by the Finance Act, 2003, s.12(119)(C )(c ).
2 Subs ibid, s.12(119)(C )(d).
3 Subs by the Finance Act, 2007, s.20(1)(d)(IB).
451
1[THE SEVENTH SCHEDULE]
(See section 100A)
RULES FOR THE COMPUTATION OF THE PROFITS AND GAINS OF A BANKING COMPANY
AND TAX PAYABLE THEREON
1. Income, profits and gains of a banking company shall be taken to be the balance of the income, from all
sources before tax, disclosed in the annual accounts required to be furnished to the State Bank of Pakistan
subject to the following provisions, namely:—
(a) Deduction shall be allowed in respect of depreciation, initial allowance and amortization
under sections 22, 23 and 24 provided that accounting depreciation, initial allowance or
amortization deduction shall be added to the income. No allowance or deduction under this
rule shall be admissible on assets given on finance lease.
(b) Section 21, subsection (8) of section 22 and Part III of Chapter IV shall, mutatis mutandis, for
computation of a banking company apply.
2[(c) Provisions for advances and off balance sheet items shall be allowed upto a maximum of 1%
of total advances; 3[and provisions for advances and offbalance sheet items shall be allowed
at 5% of total advances for consumers and small and medium enterprises (SMEs) (as defined
under the State Bank Prudential Regulations)] provided a certificate from the external auditor is
furnished by the banking company to the effect that such provisions are based upon and are in
line with the Prudential Regulations. Provisioning in excess of 1% 4[of total advances for a
banking company and 5% of total advances for consumers and small and medium enterprises
(SMEs)] would be allowed to be carried over to succeeding years:
1 Subs by the Finance Act, 2007, s.20(36).
2 Subs by the Finance Act, 2009, s.5(55)(i).
3 Ins by the Finance Act, 2010s.8(76)(i).
4 Subs by the Finance Act, 2011, s.6(34)(a)(i).
452
1[Provided
that if provisioning is less than 1% of advances, for a banking company then actual
provisioning for the year shall be allowed:
Provided further that if provisioning is less than 5% of advances for consumers and small and medium
enterprises (SMEs) then actual provisioning for the year shall be allowed and this provisioning shall be
allowable from the first day of July, 2010.]
2[(d) The amount of “bad debts” classified as “substandard” under the Prudential Regulations issued
by the State Bank of Pakistan shall not be allowed as expense.
(e) Where any addition made under subrule (d) is reclassified by the taxpayer under the Prudential
Regulations issued by the SBP, as ‗doubtful‘ or ‗loss‘, provision of subrule (c) shall mutatis
mutandis apply in computing the provision for that tax year.
(f) Where any addition made under subrule (d) is reclassified by the taxpayer in a subsequent year as
‗recoverable‘, a deduction shall be allowed in computing the income for that tax year.]
(g) Adjustment made in the annual accounts, on account of application of international accounting
standards 39 and 40 shall be excluded in arriving at taxable income.
(h) An adjustment shall be made for exclusions from income on account of paragraph (g) for
determining the cost of related item in the financial statement in the year of disposal of such
item or asset or the discharge of the liability, as the case may be.
1 Subs by the Finance Act, 2011, s,.6(34)(ii).
2 Ins by the Finance Act, 2009, s.5(55)(ii).
453
Where a deduction is allowed for any expenditure
(other than on account of charge for irrecoverable
debt) in the manner referred to in rule 1 and the
liability or a part of the liability to which the deduction
2. (i) relates is not paid within three years of the end of the
tax year in which the deduction was allowed, the
unpaid amount of the liability shall be chargeable to
tax under the head “Income from Business” in the
first tax year following the end of three years.
Where an unpaid liability is chargeable to tax as a
result of the application of subrule (i) and such
(ii) liability or a part thereof is subsequently paid, a
deduction shall be allowed for the amount paid in the
tax year in which the payment is made.
Loss on sale of shares of listed companies, disposed
of within one year of the date of acquisition, shall be
adjustable against business income of the tax year.
Where such loss is not fully set off against business
(iii) income during the tax year, it shall be carried forward
to the following tax year and set off against capital
gain only. No loss shall be carried forward for more
than six years immediately succeeding the tax year for
which the loss was first computed.
3. Treatment for shariah compliant banking.—
(1) Any special treatment for ‗Shariah Compliant Banking‘ approved by the State Bank of
Pakistan shall not be provided for any reduction or addition to income and tax liability for the said ‗Shariah
Compliant Banking‘ as computed in the manner laid down in this schedule.
454
(2) A statement, certified by the auditors of the bank, shall be attached to the return of income to disclose
the comparative position of transaction as per Islamic mode of financing and as per normal accounting
principles. Adjustment to the income of the company on this account shall be made according to the
accounting income for purpose of this schedule.
4. Head office expenditure.—
(1) In case of foreign banks head office expenditure shall be allowed as deduction as per the following
formula, namely:—
Head office expenditure = (A/B) XC Where—
A. is the gross receipts of permanent establishment in Pakistan;
B. is the world gross receipts; and
C. is the total Head Office expenditure.
(2) The head office expenditure shall have the meaning as given in subsections (3) and (4) of section 105.
(3) The head office expenditure shall only be allowed if it is charged in the books of accounts of the
permanent establishment and a certificate from external auditors is provided to the effect that the claim of
such expenditure:
(i) has been made in accordance with the provision of this rule; and
(ii) is reasonable in relation to operation of the permanent establishment in Pakistan.
5. Advance tax.—
(1) The banking company shall be required to pay advance tax for the year under section 147 in twelve
equal installments payable by 15th of every month. Other provisions of section 147 1[except subsections (4A)
and (6)] shall apply as such.
1 Ins by S.R.O. 561(I)/2012, dated 29.05.2012
455
1[(1A) A banking company required to make payment of advance tax in accordance with subrule (1),
shall estimate the tax payable by it for the relevant Tax Year, at any time before the installment payable on
15th June, of the relevant year is due. In case the tax payable is likely to be more than the amount it is required
to pay under subrule (1), the banking company shall furnish to the Commissioner an estimate of the amount
of tax payable by it and thereafter pay in the installment due on 15th June the difference, if any, of fifty per
cent of such estimate and advance tax already paid upto 15th June, of the relevant tax year. The remaining
fifty per cent of the estimate shall be paid after 15th June in six equal installments payable by 15th of each
succeeding month of the relevant tax year.]
(2) Provisions of withholding tax under this Ordinance shall not apply to a banking company as a recipient
of the amount on which tax is deductible.
6. Tax on income computed—Income computed under this Schedule shall be chargeable to tax under the
head “Income from Business” and tax payable thereon shall be computed at the rate applicable in Division II
of Part I of the First Schedule. 2[***].
3[(6A)* * * * * * *]
3[(6B)* * * * * * *]
4[7A. The provisions of section 113 shall apply to banking companies as they apply to any other resident
company.]
5[(7B) From tax year 2015 and onwards, income from dividend and income from Capital Gains shall be
taxed at the rate specified in Division II of part I of the First Schedule.
1 Ins by S.R.O. 561(I)/2012, dated 29.05.2012
2 Omitted by the Finance Act, 2015, s.9(68)(i) (w.e.f. 01.07.2015).
3 Rules (6A) and (6B) omitted ibid, s.9(68)(ii).
4 Ins by the Finance Act, 2009, s.5(55)(iii).
5 Ins by the Finance Act, 2015, s.9(68)(iii) (w.e.f. 01.07.2015).
456
(7C) for the tax year 2015, the provisions of section 4B shall apply to banking companies and shall be
taxed at the rate specified in Division IIA of First Schedule.]
8. Exemptions—(1) Exemptions and tax concessions under the Second Schedule to this Ordinance shall
not apply to income of a banking company computed under this Schedule.
1[(1A) The accumulated loss under the head “Income from Business” (not “being speculation business
losses) of an amalgamating banking company or banking companies shall be set off or carried forward against
the business profits and gains of the amalgamated company and vice versa, up to a period of six tax years
immediately succeeding the tax year in which the loss was first computed in the case of amalgamated banking
company or amalgamating banking company or companies.]
(2) The provisions relating to group relief as contained in section 59B shall be available to the banking
companies provided the holding and subsidiary companies are banking companies. The accounts of the group
companies shall be audited by the chartered accountants firm on the panel of auditors of the State Bank of
Pakistan. The surrender and claim of loss would be subject to the approval of the State Bank of Pakistan.
(3) The holding and subsidiary companies of 100% owned group of banking companies may opt to be
taxed as one fiscal unit as per the provisions of section 59AA relating to group taxation subject to the approval
of the State Bank of Pakistan.
2[8A. Transitional provisions.— (1) Amounts provided for in the tax year 2008 and prior to the said tax
year for or against irrecoverable or doubtful advances, which were neither claimed nor allowed as a tax
deductible in any tax year, shall be allowed in the tax year in which such advances are actually written off
against such provisions, in accordance with the provision of section 29 and 29A.
(2) Amounts provided for in the tax year 2008 and prior to the said tax year for or against irrecoverable
or doubtful advances, which were neither claimed nor allowed as a tax deductible in any tax year, which
are written back in the tax year 2009 and thereafter in any tax year and
credited to the profit and loss account, shall be excluded in computing the total income of that tax year under
rule 1 of this Schedule.
(3) The provisions of this Schedule shall not apply to any asset given or acquired on finance lease by a
banking company up to the tax year 2008, and recognition of income and deductions in respect of such asset
shall be dealt in accordance with the provisions of the Ordinance as if this Schedule has not come into force:
Provided that unabsorbed depreciation in respect of such assets shall be allowed to be setoff against the
said lease rental income only.]
9. Provision of Ordinance to apply— The provisions of the Ordinance not specifically dealt with in the
aforesaid rules shall apply, mutatis mutandis, to the banking company.
10. The Federal Government may, from time to time, by notification in the official Gazette, amend the
schedule so as to add any entry therein or modify or omit any entry therein.
1 Added by the Finance Act, 2008, s.18(40)(a)(iv).
2 Added by the Finance Act, 2010, s.8(76)(ii).
457
1[THE EIGHTH SCHEDULE
[Section 100B]
RULES FOR THE COMPUTATION OF CAPITAL GAINS ON LISTED SECURITIES
1. Manner and basis of computation of capital gains and tax thereon.— (1) Capital gains on disposal
of listed securities, subject to tax under section 37A, and to which section 100B apply, shall be computed and
determined under this Schedule and tax thereon shall be collected and deposited on behalf of taxpayers by
NCCPL in the manner prescribed.
(2) For the purpose of subrule (1), NCCPL shall develop an automated system.
(3) Central Depository Company of Pakistan Limited shall furnish information as required by NCCPL for
discharging obligations under this Schedule.
(4) NCCPL shall issue an annual certificate to the taxpayer on the prescribed form in respect of capital
gains subject to tax under this Schedule for a financial year:
Provided that on the request of a taxpayer or if required by the Commissioner, NCCPL shall issue a
certificate for a shorter period within a financial year.
(5) Every taxpayer shall file the certificate referred to in subrule (4) along with the return of income and
such certificate shall be conclusive evidence in respect of the income under this Schedule.
(6) NCCPL shall furnish to the Board within thirty days of the end of each quarter, a statement of capital
gains and tax computed thereon in that quarter in the prescribed manner and format.
(7) Capital gains computed under this Schedule shall be chargeable to tax at the rate applicable in Division
VII of Part I of the First Schedule.
1 Added by the Finance Act, 2012, s.15(62).
458
1[(8) The provisions of section 4B shall not apply to the taxpayers under this schedule and taxed at the
rates specified in Division IIA of the Part I of the First Schedule.
2. Sources of Investment.— (1) Where a person has made any investment in the listed securities,
enquiries as to the nature and source of the amount invested shall not be made for any investment made prior
to the introduction of this Schedule, provided that
(a) a statement of investments is filed with the Commissioner along with the return of income and
wealth statement for tax year 2012 within the due date as provided in section 118 of this
Ordinance and in the manners prescribed; and
(2) Where a person has made any investment in the shares of a public company traded at a registered
stock exchange in Pakistan from the date of coming into force of this Schedule till June 30, 2014, enquiries as
to the nature and sources of amount invested shall not be made provided that —
(a) the amount remains invested for a period of one hundred and twenty days in the manner as may be
prescribed ;
(b) tax on capital gains, if any, has duly been discharged in the manner laid down in this Schedule; and
(c) a statement of investments is filed with the Commissioner along with the return of income and
wealth statement for the relevant tax year within the due date as provided in section 118 of this
Ordinance and in the manner prescribed.
(3) For the purpose of this rule, amount of investment shall be calculated in the prescribed manner,
excluding market value of net open
1 Added by the Finance Act, 2015, s.9(69) (w.e.f. 01.07.2015).
459
sale position in futures and derivatives, if such sale is in a security that constitutes the said investment.
3. Certain provisions of this Ordinance not to apply.— The respective provisions for collection and
recovery of tax, advance tax and deduction of tax at source laid down in the Parts IV and V of Chapter X
shall not apply on the income from capital gains subject to tax under this Schedule and these provisions
shall apply in the manner as laid down in the rules made under this Ordinance, except where the recovery of
tax is referred by NCCPL to the Board in terms of rule 6(3).
4. Payment of tax collected by NCCPL to the Board.— The amount collected by NCCPL on behalf of
the Board as computed in the manner laid down under this Schedule shall be deposited in a separate bank
account with National Bank of Pakistan and the said amount shall be paid to the Board along with interest
accrued thereon on yearly basis by July 31st next following the financial year in which the amount was
collected.
5. Persons to whom this Schedule shall not apply.— If a person intends not to opt for determination and
payment of tax as laid down in this Schedule, he shall file an irrevocable option to NCCPL after obtaining
prior approval of the Commissioner in the manner prescribed. In such case the provisions of rule 2 shall not
apply.
6. Responsibility and obligation of NCCPL.— (1) Pakistan Revenue Automation Limited (PRAL), a
company incorporated under the Companies Ordinance, 1984 (XLVII of 1984) or any other company or firm
approved by the Board and any authority appointed under section 209 of this Ordinance, not below the level
of an Additional Commissioner Inland Revenue, shall conduct regular system and procedural audits of
NCCPL on quarterly basis to verify the implementation of this Schedule and rules made under this Ordinance.
(2) NCCPL shall implement the recommendations, if any, of the audit report under subrule (1), as
approved by the Commissioner, and make adjustments for short or excessive deductions. However, no penal
action shall be taken against NCCPL on account of any error, omission or mistake that has occurred from
application of the system as audited under subrule (1).
460
(3) NCCPL shall be empowered to refer a particular case for recovery of tax to the Board in case NCCPL
is unable to recover the amount of tax.
7. Transitional Provisions.— In respect of tax year 2012, for the period commencing from coming into
force of this Schedule till June 30, 2012, the certificate issued by NCCPL under rule 1(4) shall be the basis of
capital gains and tax thereon for that period.]
1[THE NINTH SCHEDULE
(See section 99A
Notwithstanding anything contained in this Ordinance or any other law for the time being in force, a trader
qualifying under this Schedule shall have the option to be assessed including for filing of return, either
(a) under the provisions of this Ordinance, other than this Schedule; or
(b) under the provision of this Schedule.
PART 1
RULES FOR THE COMPUTATIONOF THE TAX PAYABLE ON PROFITS AND GAINS OF A
TRADER FALLING UNDER SUBSECTION (1) OF SECTION 99A
1. The tax payable on profits and gains of a trader falling under subsection (1) of section 99A in respect
of trading activities chargeable under the head “income from business” shall be computed in the manner
hereinafter provided.
2. For trader qualifying under this Part, working capital for tax year 2015 shall not exceed rupees fifty
million and tax at the rate of one per cent of the working capital shall be the tax payable on profits and gains
from the trading activity.
3. For tax years 2016, 2017 and 2018, trader qualifying under this Part and who has paid tax for the tax
year 2015 under rule 2 of this Part
1 Ins by the Income Tax (Amendment) Act, 2016
461
shall pay tax specified in rule 4 of this Part subject to the following conditions, namely:
(a) for tax year 2016, the trader shall declare turnover at least three times of the working capital
declared during tax year 2015; and
(b) for tax years 2017 and 2018 the trader shall declare turnover on which tax paid is at least twenty
five per cent more than the tax paid for the preceding tax year.
4. For the purpose of rule 3 of this Part, the following shall be tax rate on turnover
Turnover Rate
(1) (2)
Where turnover does not exceed 50 million rupees. 0.2%
Where turnover exceeds 50 million rupees but does Rs. 100,000 plus
not exceeds 250 million rupees
0.15% of the amount exceeding 50 million rupees.
Where turnover exceeds 250 million rupees Rs.400,000 plus 0.1% of the amount exceeding 250
million rupees.
5. Trader qualifying under this Part shall be entitled to take credit of imputable income as defined in
clause (28A) of section 2, for tax years 2016 to 2018, in relation to tax paid under rule 3 of this Part for the
purpose of section 111.
PART II
RULES FOR THE COMPUTATION OF THE TAX PAYABLE ON PROFITS AND GAINS OF A
TRADER FALLING UNDER SUBSECTION (2) OF SECTION 99A
1. The tax payable on profits and gains of a trader falling under subsection (2) of section 99A in respect
of trading activities chargeable
462
under the head “income from business” shall be computed in the manner hereinafter provided.
2. For tax year 2015, the tax payable on profits and gains of a trader qualifying under this Part shall be higher
of the following:
(a) 25% higher tax than paid for tax year 2014 or for the latest tax year for which return has been filed
on the basis of taxable income;
(b) tax on turnover at the rates specified in rule 4 of Part I; or
(c) rupees thirty thousand.
3. For tax years 2016 to 2018, the tax payable on profits and gains of a trader qualifying under this Part shall
be higher of the following:
(a) 25% higher tax on the basis of taxable income than tax paid for the preceding tax year; or
(b) tax on turnover at the rates specified in rule 4 of Part 1.
4. Trader qualifying under this Part, who has filed return for tax year 2015 before the due date of filing of
return under this Schedule, may file a revised return subject to the condition that the tax paid is higher of the
following:
(a) tax as per rule 2 of this Part on the basis of revised return; or
(b) 10% higher tax than the tax paid as per original return.
5. For tax year 2015, the provisions of clause (ba) of subsection (6) of section 114 shall not apply to a
trader who has revised the return under rule 4 of this Part before the due date of filing of return under this
Schedule.
6. Where the imputable income as defined in clause (28A) of section 2 in relation to tax on turnover at the
rates specified in rule 4 of Part 1 is higher than the taxable income declared, the trader qualifying under this
Part may opt to take the credit for the purpose of section 111, of the difference between the said imputable
income and taxable income, provided
463
that tax at the rate of one per cent of the difference is paid along with the return.
PART III
GENERAL PROVISIONS FOR THE TRADERS UNDER
PART I AND PART II
1. Traders deriving income other than from trading activities chargeable under the head “income from
business” shall not qualifying under this Schedule.
2. The provisions of sections 177 and 214C shall not apply to a trader qualifying under this Schedule, for
tax years 2015 to 2018.
3. Trader qualifying under Part 1 of this Schedule shall file a return 1[the due date as 29th February, 2016]
as specified in Form ‘A’ to rule 17 of this Part and trader qualifying under Part II of this Schedule shall file a
return as prescribed under the Income Tax Rules, 2002.
4. A trader qualifying under this Schedule shall not be entitled to claim any adjustment of withholding tax
collected or deducted under this Ordinance, against tax payable in respect of profits and gains relating to
trading activity.
5. A trader qualifying under this Schedule shall not be entitled to claim any adjustment of refund due
against tax payable under rule 2 or 3 of Part 1 or rule 1, 3, or 4 of Part II.
6. A trader qualifying under this Schedule shall not be entitled for any tax credit under this Ordinance.
7. If a trader fails to furnish a return for any of the tax years 2016, 2017 or 2018 after having furnished a
return for tax year 2015 shall not qualify under this Schedule for any of the tax years 2015 to 2018
notwithstanding the fact that the return for tax year 2015 stood qualified under this Schedule at the time of
furnishing of such return and all this provisions of this Ordinance shall apply.
1 Notification, F.No.2(2) Tax.Base.2010Pt1, dated 30.01.2016.
464
8. Where it is subsequently discovered by the Commissioner that the trader was not eligible to be qualified
under this Schedule or became ineligible to be qualified under this Schedule during any time between tax years
2015 to 2018 due to nonpayment of tax or filing of return or otherwise, the trader shall be treated to have
exercised the option to be assessed under the provisions of this Ordinance, other than this Schedule and all this
provisions of this Ordinance shall apply accordingly.
9. Tax payable under rule 2 or 3 of Part 1 or rule 1, 3, or 4 of Part II shall be paid in the State Bank of
Pakistan or authorized branches of National Bank of Pakistan and evidence in the form of a copy of
computerized tax payable receipt (CPR) shall be provided along with the specified or prescribed return, as the
case may be, by the due date.
10. A trader qualifying under this Schedule shall not be a prescribed person for the purpose of section 153.
11. For the income relating to trading activity and qualifying under this Schedule.—
(a) the commissioner shall be deemed to have made an assessment of income from that tax year
and the tax due thereon as equal to those respective amounts computed under rules 2 or 3 of
Part IO or rule 1,3, or 4 of Part II; and
(b) the specified or prescribed return, as the case may be, shall, for all purposes of this Ordinance,
be deemed to be an assessment order including the application of section 120.
Explanation.—For removal of doubt and for the purpose of this rule, it is declared that income means
taxable income or imputable income as the case may be.
12. The Federal Government may, from time to time, by notification in the official Gazette, amend the
Schedule so as to add any rule therein or modify or omit any rule therefrom.
13. The provisions of subsection (2) of section 116 shall not apply for the tax year 2015 to the trader
qualifying under this Schedule if the
465
declared income for the tax year is less than one million rupees.
14. Notwithstanding anything contained in the aforesaid rules, a return qualifying under this Schedule may
be subject to amendment under section 122 of the definite information, as defined in subsection (8) of section
122, comes into the knowledge or possession of the Commissioner in which case all the provisions of this
Ordinance shall apply accordingly.
15. In this Schedule, —
(a) “due date” means the date specified by the –Federal Government for tax year 2015 and for the tax
year 2016,2017 and 2018 the date specified in clause (b) of subsection (2) of section 118.
(b) “turnover” means turnover as defined in clause (a) of subsection (3) of section 113.
16. Persons convicted under Control of Narcotics Substances Act, 1997 (XXV of 1997), AntiTerrorism
Act, 1997 (XXVII) and AntiMoney Laundering Act, 2010 (VII of 2010) shall not be eligible to qualify under
this schedule.
17. Return for the trader qualifying under Part I of this Schedule shall be on Form A as specified below:
—
Form A
RETURN FOR TRARED QUALIFYING UNDER PART I OF THE SCHEDULE FOR THE TAX
YEARS 2015 TO 2018.
Name of Proprietor/Managing Member of AOP _______________________
CNIC: (please attach copy of CNIC)________________________________
Business(es) Name and Address (es)________________________________
_____________________________________________________________
Phone:______________Email:_________________Moblie:____________
Residential Address of the Proprietor:_______________________________
_____________________________________________________________
Name(s) and Residential Address(es) of Members of AOP (if applicable)
______________________________________________________________________________________________
(1) Amount of working capital_____________________________________
(2) Tax payable on (1) above (for tax Year 2015 only)__________________
(3) Total Turnover______________________________________________
(4) Tax payable on (3) above (for the tax year 2015 only)_______________
(5) Amount of Tax [(2) or (4)]_____________________________________
(6) CPR No:_______________________________Dated:_______________
466
Declaration:
I________________________________CNIC NO. ____________________
In my capacity as self/representative of taxpayer named above, do hereby solemnly declared that to the best
of my knowledge and belief the information given in simplified return is correct and complete in accordance
with the provisions of Part I of the Ninth Schedule to Income Tax Ordinance, 2001(XLIX of 2001).
Signature:_____________________________
Date:_________________________________]
467
468