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RETUNR & Wealth Statement Under ITO For Tax Year 2019
Sr. Section Heading
1. 114 Various aspects related to filing of return
2. 115 Various aspects related to statement under FTR
3. 116 Wealth statement
116 Who should file wealth statement
116A Foreign Income and Assets Statement
4. 117 Income tax requirements for discontinued business
5. 118 Procedure to file the wealth statement
118 Due date for filing of return / wealth statement
6. 115 Persons not required to furnish return of income
Extension of time for furnishing of returns and other
7. 119
documents
8. 120 Limitation on issuance of short documents notice
9. 111 Unexplained income or assets
10. 182 Offence & penalty
Prosecutions for non-compliance with statutory
11. 191
obligation
Assessment procedure
HEADINGS PARTICULARS
ASSESSME After finalization of accounts the taxpayer prepares & files ITR with
NT the tax department by manual or on E. portal along-with required
PROCEDUR documents. After filing of ITR the tax department selects the cases
E for total audit, or for amendment in assessment. The said process
is named as assessment process.
The following persons are required to furnish a ROI for a tax year, namely:-
2. EVERY PERSON WHOSE TAXABLE INCOME FOR THE YEAR EXCEEDS THE
OTHER THAN A MAXIMUM AMOUNT NOT CHARGEABLE TO TAX,
COMPANY
2. LIMIT OF TIME Statement may be revised at any time within five years from
PERIOD FOR the end of the financial year in which the original statement
REVISION was furnished.
2.1 CIR's power to require statement of final tax
[Section 115(5) & (6)]
2. TIME FOR FILING On receipt of notice, the person is required to file the
OF STATEMENT statement within 30 days from the date of service of
ON RECEIPT OF such notice or such longer period as may be specified
NOTICE in notice or allowed by the CIR.
3. LIMITS FOR CIR CIR may require statements for one or more of the last
TO REQUIRE five completed tax years or assessment years.
STATEMENTS
3. Wealth statement various aspects
SR. HEADINGS EXPLANATION
1. ACTUAL COST CONCEPT Its comparison to be made with the statement of
assets and liabilities filed with the ECP.
2. Contents of a wealth i. the person‘s total assets and liabilities as on
statement specific date;
ii. the total assets and liabilities of the person‘s
spouse, minor children, and other
dependents as on specific date;
iii. any assets transferred by the person to any
other person during the specified period and
consideration for the transfer;
iv. the total expenditures incurred by the person,
and the person‘s spouse, minor children, and
other dependents during specified period and
the details of such expenditures; and
v. the reconciliation statement of wealth.
3. Double entry concept With reference to various transactions.
Requirements to file a return [Section 114(2)(e)]
SR. EXPLANATION
1. Every resident taxpayer being an individual having foreign income of
not less than ten thousand United States dollars or having
foreign assets with a value of not less than one hundred
thousand United States dollars shall furnish a statement, hereinafter
referred to as the foreign income and assets statement, in the prescribed form
and verified in the prescribed manner giving particulars of —
a. the person’s total foreign assets and liabilities as on the last day of the tax year;
b. any foreign assets transferred by the person to any other person during the tax
year and the consideration for the said transfer; and
c. Complete particulars of foreign income, the expenditure derived during the tax
year and the expenditure wholly and necessarily for the purposes of deriving
the said income.
2. The Commissioner may by a notice in writing require any person being an
individual who, in the opinion of the Commissioner on the basis of reasons to
be recorded in writing, was required to furnish a foreign income and assets
statement under sub-section (1) but who has failed to do so to furnish the
foreign income and assets statement on the date specified in the notice.
Method to Furnish the Return [U/R 73 & U/S 118]
A ROI, a statement for incomes covered under FTR or a WS or a foreign income and
assets statement under 116A shall be furnished by almost all the persons on E. portal
except where allowed to file by post or courier service or delivery by hand. [Section
118(1)]
Persons required to file return / statements electronically [Rule 73]
SR. PERSONS DOCUMENTS TO BE FILED ELECTRONICALLY
1. Companies and AOP’s ROI & withholding tax statements
2. A person registered under the ROI
Sales tax Act
3. An individual having salary income ROI, proof of tax deduction / payment & WS
of Rs. 500,000 or more along-with its reconciliation. OR a foreign
income and assets statement under 116A, if
applicable
4. A non-corporate entity claiming ROI
refund
5. Non-resident ship owner or non- ROI & port clearance application
resident aircraft owner or charterer
thereof
6. Any person claiming refund Application of refund
7. Federal government departments Withholding tax statements
Charges for Various Forms [U/R 230]
The following forms shall be provided after 20th June, 2002 on payment as
mentioned against each
1.
Individuals being as 30-6-2018 31-8-2018
Salaried or FTR case
2. Non salaried individuals 30-9-2018
Any year end
PARTICULARS EXPLANATION
EXTENSION OF TIME a. If a person is required to furnish a ROI, an employer's certificate,
FOR FURNISHING a statement of FTR or a WS then the person may apply in
RETURNS & OTHER writing to the CIR for an extension of time by the due date to
DOCUMENTS [U/S furnish the same. [Section 119(1) and (2)]
119]
b. On receipt of application if CIR is satisfied that the applicant is
unable to furnish the ROI & other allied documents by the due
date because of absence from Pakistan, sickness or other
misadventure or any other reasonable cause the CIR may
allow in writing an extension of time for a period not exceed 15
days from the due date of furnishing unless there are
exceptional circumstances justifying a longer extension of
time. [Section 119(3) and (4)]
c. Provided that where the Commissioner has not granted
extension for furnishing return, the CCIR may on an application
made by the taxpayer for extension or further extension, as the
case may be, grant extension or further extension for a period
not exceeding 15 days unless there are exceptional
circumstances justifying a longer extension of time.
PARTICULARS EXPLANATION
d. An extension of time granted to file the return & other
documents shall not be deemed as allowed for tax payable
with the return & DS shall be charged till the payment of the
same. [Section 119(6)]
RETURN NOT COMPLETE No notice of short documents shall be issued after
UNDER THE ORDINANCE [U/S the expiry of 180 days from the end of the
120(3), (4), (5) & (6)] financial year in which return was furnished.
and the person offers no explanation about such items or the explanation
offered by the person is not, in the CIR's opinion, satisfactory, the said amount
shall be included in the person's income chargeable to tax in the tax year to which
such amount relates under the head "Income from Other Sources" to the extent it
is not adequately explained:
i. in the tax year to which such amount relates if the amount representing
investment, money, valuable article or expenditure is situated or incurred in
Pakistan or concealed income is Pakistan-source; and
ii. in the tax year immediately preceding the tax year in which the investment,
money, valuable article or expenditure is discovered by the CIR and is
situated or incurred outside Pakistan and concealed income is foreign-
source.
i. For the removal of doubt, it is clarified that,—(1) Sub-section (1) shall continue
to apply to the amount representing value recorded by the authority
registering or attesting the transfer.
ii. Where a person has paid tax u/s 236W, the person shall be entitled to
incorporate in the books of accounts the amount computed under this clause
in tangible form.
5. The Board may make rules u/s 237 for the purposes of this section.
Offence Penalty Section for
which
offence
made
Where any person fails to furnish Higher of 0.1% of the 116
wealth statement or wealth taxable income per week
reconciliation statement. or Rs. 20,000.
Non compliance Prosecution Section
Where a person, without reasonable excuse, Fine or imprisonment for 191
fails to – a term not exceeding 1
comply with a notice to file the income tax year or both.
return or wealth statement,
Add: Sources
Salary Income 1,200,000
Gain on sale of shares 150,000
Profit on ABC & CO 450,000
Total 11,800,000
Less:
Gift to brother 400,000
Tax deducted from salary 100,000
Tax on profit of ABC & Co. 40,000
Household expenses 850,000
1,390,000
Total (11,800,000-1,390,000) 10,410,000
Note 1
Capital Reconciliation Rupees
Opening 2,500,000
Profit 450,000
2,950,000
Drawings 275,000
Total 2,675,000
Note 2
Cash & Cash Equivalent Reconciliation Rupees Rupees
Opening cash 1,500,000
Opening bank 2,000,000 3,500,000
Add:
Salary 1,200,000
Drawings 275,000
Sale of shares 350,000 1,825,000
Total 5,325,000
Less:
House hold expenses 850,000
Taxes 140,000
Gift 400,000
Plot instalments 700,000
Loan instalment 500,000 2,590,000
2,735,000
Cash balancing (Rs. 2,735,000 – 475,000) 2,260,000
Bank 475,000