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The employer gets a lot of benefits if the gratuity fund is approved by the income tax
authorities. Under the Income Tax Ordinance, 2001, the Commissioner of Income Tax grants
such an approval.
Explanation:
Assessment is process whereby the data of a person, e.g. income expenses, tax payments etc.,
which help in calculating his final tax liability is checked either by the person himself or by
the tax department.
Explanation:
The concept of assessment year was prevailing in our income tax law up to 2001. Until that
time any income earned by a person during one year was assessed in the relevant “assessment
year” which started on next 1st July. However, this concept is no more applicable when tax
under Income Tax Ordinance, 2001 is assessed and paid.
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DEPRECIABLE ASSET [Section 2(17)]
Depreciable asset means a depreciable asset as defined in Section 22 of Income Tax
Ordinance 2001.
In this section depreciable asset implies any tangible moveable property, immoveable
property (other than unimproved Land) or structural improvement to immoveable
property, owned by a person that:
(a) Has a normal useful life exceeding one year.
(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.
Explanation:
It is necessary for Collector of Customs at the time of import of goods to collect the
tax at the prescribed rates from the importers. The value of the import has been treated as
income in the hands of importer under this clause.
(c) any payment received by a resident from a prescribed person for supply of
goods and services.
(d) Any amount received as export proceeds.
(e) Amounts received on prizes and winnings.
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For the purpose of income tax, all the persons are grouped under two categories:
(a) Residents
(b) Non-Residents
Fulfillment of any one of the requirements given in clause (1) or (2) is sufficient. The
purpose or nature of stay, the place of stay, the frequency of visits, the circumstances of visits
etc. have no bearing on the determination of residential status. In case of (2) above a visit to
Pakistan is not necessary.
Explanation :
(a) In case a company is incorporated in Pakistan, it will always be a resident
in Pakistan.
(b) In case of other companies, they will become resident in Pakistan only if
their control and management is wholly situated in Pakistan. Partial
control is not sufficient for this purpose.
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and management for tax purposes, the whereabouts of the brain behind the
business should be found out.
Explanation :
1. It is necessary for the following persons to furnish the return of income :
(a) Every person whose total income during the tax year exceeds the prescribed
limit;
(b) Every company irrespective of its income;
(c) Any non-profit organization;
(d) Any approved welfare institution;
(e) Any person who has been charged to tax for any of the two tax years
immediately preceding the previous tax year;
(f) Any person who claims a loss carried forward from a previous tax year;
(g) Any person who owns immovable property, with land area of 250 square
yards or more located in areas situated within limits of a metropolitan
corporation, a municipal corporation, a cantonment board or the Islamabad
capital territory or owns any flat;
Section (e) above, however, will not be applicable, i.e. the person is not required to
file the return if he belongs to any of the following categories:
1. A widow.
2. An orphan below the age of 25 years.
3. A non-resident person.
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4. A disabled person.
2. In case of taxpayers whose entire income during the tax year consists of
salary, they may either:
(h) Furnish the return of total income; or
(i) Furnish a certificate from the employer in the prescribed form and this
certificate shall be deemed to be the return. However, it is necessary for these
persons also that they should furnish wealth statement along with this
certificate, if their last income or the declared income of this year is Rs.
5,00,000 or more.
Explanation:
Period starting on 1.7.2001 and ending on 30.6.2002 is a normal tax year and will be
known as tax year 2002. In some cases a normal tax year may be of less than twelve months.
e.g ., if a person starts a business on 1.9.2002 and ends his accounting period on 30.6.2003.
This period of ten months will also be a “normal tax year” and will be tax year 2003. Tax
years of most of the persons fall under this category.
Explanation:
These specific periods of time to be considered as “tax year” have been declared by
the Board keeping in view the nature of businesses. In this respect the following years have
been specified by the Board through notification in the official Gazette :
(a) Salary
(b) Income from property
(c) Income from business
(d) Capital gains
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(e) Income from other sources.
(a) Salary
(b) Income from house property.
(c) Income from business or profession.
(d) Capital gains; and
(e) Income from other sources.
Each and every income earned by the person can be classified in one of these heads.
The presence of the fifth head that is ‘income from other sources’ makes it sure that any
income which cannot be included in any of the first four heads must be taxed under this
general head.
(c) Salary
For the purpose of determining the value of perquisites, allowances and benefits,
salary :
(1) includes basic salary, overseas allowance, dearness allowance, cost of living
allowance, bonus and commission.
(2) Does not include employer’s contribution to a recognized provident fund,
superannuation fund or gratuity fund.
(3) Apart from the items mentioned in (1) and (2) any other amount paid by
employer will be included in the salary if it enters into the computation of
pension and retirement benefits.
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VARIOUS INCOME TAX AUTHORITIES
Under the income tax ordinance two types of authorities have been prescribed, viz
judicial and administrative. Certain authorities exercise both judicial and administrative
functions. Here a list of authorities is given that are involved in tax administration.
1) Central board of revenue
2) Regional commissioner of income tax.
3) Director general of investigation and intelligence.
4) Director general of training and research.
5) Director general of tax withholding.
6) Commissioner of income tax.
7) Appellate Additional Commissioner of income tax.
8) Inspecting Additional Commissioner of income tax.
9) Deputy commissioner.
10) Income-tax panels.
11) Inspector of income tax
12) Firms of accountants.
Power and function: The main powers and functions of the board are :
1. Assign work to commissioner and additional commissioner.
2. Determine a period as income year.
3. Appoint executive and ministerial officers and staff.
4. Allocate functions and distribute work.
5. Determine disputed jurisdiction.
6. Make rules.
7. Admit appeal after expiry of time.
8. Appoint valuers and fix their fees.
9. Authorize any person to assists deputy commissioner.
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Director-general of intelligence and investigation means a person appointed as such under
section 4.
They are appointed by CBR and perform such duties as may be assigned to them by the CBR,
and they are subject to supreme control and super intendance of CBR.
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3. Make enquiries
4. Exercise power of D.C
5. Rectify mistakes.
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4. Recovery of outstanding demand.
Powers: Wide powers have been given to Tax Recovery Officer which are:
1. Proceed to recover tax due.
2. Attach and sell property
3. Appoint received.
4. Arrest and detain assessee upto 6 months.
Powers: The person appointed to conduct the audit has the following powers:
a) Enter into any premises belonging to or occupied by the person to whom audit
relates.
b) Call for books of accounts and documents.
c) Inspect the books and records.
d) Seize the records.
e) Exercise powers stated in section 144 to 146 and 148 as may be authorized by the
commissioner in writing.
Scope of Audit: Shall be such as determined in each case by the Central Board of
Revenue.
Appellate Tribunal:
The Appellate Tribunal is appointed by the Federal Government. It is a second court
of appeal. The assessee or the income tax department, if not satisfied with the decision
of commissioner of income – tax (Appeal) can appeal to appellate Tribunal.
The Appellate Tribunal consists of two types of members (a) judicial member and (b)
accountant member. The Federal Government may appoint as many judicial and
accountant members as it think necessary for the proper working of the Appellate
Tribunal.
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One member is appointed as the chairman. Such chairman constitute benches to
perform the functions of Tribunal. Each bench normally consists of two members.
The decision of the Appellate Tribunal on the point of facts is final. So Tribunal is the
final fact finding authority. But if the decision involves a point of law, the case can be
referred to the High Court.
Under the repealed Income Tax Act, 1922, tax was deducted from two main sources of
income; namely, salaries and interest on securities. Over the period of time, Withholding Tax
net was extended, by steadily introducing different Provisions in the Tax Laws. The repealed
Income Tax Ordinance, 1979, brought in all the provisions of the Income Tax Act, 1922.
However, in the 1990s, withholding tax net was expanded extensively by providing for
withholding tax on a wider variety of transactions and making most of them presumptive.
Provisions of the Income Tax Ordinance, 2001, are more or less the same, except for a few
changes and additions. Important withholding provisions relate to salary, imports, exports,
commission and brokerage, dividend, contracts, profit on debt, utilities, vehicles tax, stock
exchange-related provisions and non-residents, etc., with varying rates.
Sales Tax
A system of licensed manufacturers & wholesalers was instituted whereby they were allowed
to purchase goods free of sales tax from each other and pay tax on sales to unlicensed traders.
Imports were chargeable to Sales Tax but the licensed manufacturers & wholesalers were
allowed to import goods without the payment of Sales Tax. Later on Sales Tax became
chargeable on locally produced & imported goods at the time of their sales & import,
respectively. The sales tax, was collected under the Finance Ordinance, 1956, on goods
which were chargeable to Central Excise Duty, as if it were a duty of Central Excise. In April
1981, by virtue of an amendment in the Sales Tax act, 1951, the collection of Sales Tax on
non-excisable goods was also entrusted to the Central Excise Department.
In the late eighties the government decided to replace Sales Tax with the Value Added Tax in
the country as a part of its structural adjustment program which was undertaken to correct
anomalies & distortions both in our tax & non-tax regimes. Accordingly new enactment titled
Sales Tax Act 1990 replaced Sales Tax Act 1951 with effect from 1-11-1990.
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accommodation might reasonably be expected to let from year to year;
(b) “basic salary” means the pay and allowances payable monthly or otherwise, but
does not include.
(c) “salary” means remuneration or compensation for services rendered, paid or to
be paid at regular intervals and includes overseas, dearness or cost of living
allowance by whatever name it may be described
(d) “employee” includes a director of a company working whole-time for one
company
(e) "unfurnished accommodation or housing" includes electric fans, built in
cupboards, cooking range and water heater
(f) "furnished accommodation or housing" includes basic furniture and furnishing,
appliances for cooking, refrigeration and heating and cooling appliances in
addition to the items available in respect of "unfurnished accommodation or
Section 148
And whereas, an amount of Rs.______ is tax due outstanding against the
person, and whereas the taxpayer has not paid the same amount in time, therefore, under the
provisions of section 148, you are required to remit or send the money to the
undersigned through pay order/ D. Draft or through banking transfer or cheque for
payment to the government, treasury under Income tax head of account.
Section 149
All amounts deducted under section 149in a month shall be paid to the credit of the Federal
Government by remittance to the Government Treasury, an authorized branch of the State
Bank of Pakistan or the National Bank of Pakistan within15 days from the end of the month.
Where the annual salary paid by an employer to its employees for a tax year is estimated to
be less than 300,000 rupees per employee, the employer may apply to the Commissioner for
permission to pay tax deducted under section 149 on a quarterly basis, provided the quarterly
returns are regularly filed.
Section 234
Quarterly and annual statements of tax collected in relation to motor vehicles.-The
quarterly and annual statements to be furnished under section 165 by a person collecting tax
under section 234 in relation to motor vehicles shall be in the following form and verified in
the manner indicated therein,
Section 236
Quarterly and annual statements of tax collected with telephone bills:
The quarterly and annual statements to be furnished under section 165 by a person collecting
tax under section236 shall be in the following form and verified in the manner indicated
therein,
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8. Even in case of partnership firm auditing of accounts helps in the settlement of claim at the time
of retirement/death of a partner.
9. Auditor account helps in managerial decisions.
10. They are useful to secure loan at the of amalgamation, absorption, reconstruction etc.
11. Auditing safeguards the interest of owners, creditors, investors, and workers.
12. It is useful to take certain financial decisions like issuing of shares, payment of dividend etc.
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5. Routine Checking
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Prof. Weigh defines, "Test checking means to select and examine a representative sampler from a
large number of similar items".
In a big business there are a large numbers of transactions and auditor has not so much time to check
each and every entry. In this so auditor draws some samples representing the number of entries of
each class of transaction. In this way he saves his time. In the test checking auditor checks only
samples instead of thorough checking.
Precautions Of Test Checking :
1. Selected period for the test check should not be disclosed to the client by himself.
2. First and last month of the audit large number of entries should be checked.
3. Each entry of the cash book should be checked and test check should not be applied to the cash
book.
4. Test check should be framed in such a way that each audit clerk work may be checked.
5. Entries of each class should be represented.
6. At each audit, entries and periods should be different.
7. Auditor should apply test check and some errors or frauds remains undetected auditor will be
responsible.
5. ROUTINE CHECKING :
It means the following checking :
Checking of totals subtotals, additions subtraction and other calculations in the books of original
entry.
1. Checking of postings into ledgers.
2. Checking of complete ledger accounts.
3. The above work is too mechanical so auditor should perform his job very carefully.
Objects And Importance Of Routine Checking :
Routine checking is very useful to verify the arithmetical accuracy of the entries.
1. Special ticks are employed to ensure that no figures are alternated after checking.
2. To verify that postings from the books original entries have been made to the correct accounts in
the ledgers.
3. To verify that ledgers accounts have been correctly balanced.
Q : Define dividend and what are the duties of auditor relating to dividends.
DIVIDENDS :
The return on investment in share is called dividend. It is the part of the profit earned by the
company.
Dividend rate approved in the general meeting by the shareholders.
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5. Tax :
It is also the duty of the auditor that he should check the tax payable or dividend is paid to the Govt.
or not ? The payment of tax is a legal formality.
6. Not Collected :
Sometimes shareholders fail to collect the amount from the banks. The auditor should check such
amount because it is stated in the balance sheet as liability.
7. Profit & Loss Account :
The profit and loss appropriation account must be checked by the auditor. He should note the
amount of dividend recorded in it.
8. Account Statement :
The auditor examines that amount of dividend paid and due prepares reconciliation statement of
dividend account. He should make detailed checking in case of discrepancy. The errors can be
detected.
9. Warrant :
To register the shareholder management issues dividend warrants. Such amount can be claimed by
the shareholders from the bank. The auditor should check these warrants has been issued or not?
10. Check The Decision :
The auditor should check the directors decision about dividend proposal. He should check the
minutes of the directors meeting about the consent of the directors.
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British Empire introduced first formal Income Tax Act of 1860 in an effort to end the budgetary deficit
faced due to the war of independence of 1857. The tax was not intended to be permanent
and was repealed in 1865.
The Income Tax Act of 1886 was a general income tax that had been imposed on traders by some of
the provinces. This Act of 1886 was a great improvement on earlier enactments. Its basic scheme, by
and large, survives till today. It introduced the definition of “agricultural income” which is almost the
same as in the Income Tax Ordinance 2001. This Act continued in force for 32 years.
The 1918 Act consolidated a number of wartime amendments. A graduated super tax on income over
Rs.50,000 and on the undistributed profits of the corporation and other entities was introduced by the
Super Tax Act of 1917 and continued in force through modifications by the Super Tax Act of 1920. The
Income Tax Act and the Super Tax Act were later on consolidated in another act i.e. the Income Tax
Act of 1922, which remained in force in Pakistan till 30th June1979; when General Mohammad Zia-ul-
haq, in his position as President-cum-Chief Martial Law Administrator, decided to enforce a new law
i.e. the Income Tax Ordinance, 1979 with effect from 1st July 1979.
Income Tax Ordinance 1979 was amended through innumerable presidential ordinances, annual
finance acts/ordinances and statutory regulatory orders(SROs) and most of its lacunas were removed
over a long period of time.
However, after approximately 23 years of its existence when substantive amendments and judicial
pronouncements made it a universally understandable and acceptable piece of legislation for
everybody, a new ordinance i.e. Income Tax Ordinance, 2001 was promulgated on 13th September
2001. The new Ordinance underwent more than three hundred amendments through the Finance
Ordinance, 2002 even before its inception practice that still continues to this day.
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