FBR Orders Completion Of Legal Proceedings Against Taxpayers with Show Cause Notices

The Federal Board of Revenue (FBR) Monday directed Commissioners Inland Revenue to complete legal proceedings against taxpayers for amendments in assessments within 120 days in cases where show cause notices have been issued from July 1, 2021.

The FBR has issued an income tax circular 4 of 2021 regarding Finance Act, 2021 — Amendment in Section 122 of the Income Tax Ordinance, 2001.

Historically, owing to the availability of extended period of time, the completion of proceedings under section 122 of the Income Tax Ordinance, 2001, within desired time has remained a challenge and diverse treatment was meted out the viz-a-viz time taken for completion of proceedings across the formations. This varied treatment has commutatively resulted in below-par revenue outcomes for the exchequer and increased compliance costs for the taxpayers due to protracted delays in legal actions, FBR said.

The Finance Act, 2021, has brought about a significant amendment in section 122 of the Ordinance, whereby a limitation of 120 days has been imposed with regard to the period of time, during which the amendment of assessment under section 122 of the Ordinance must be completed subsequent to issuance of a show-cause notice.

The said amendment harmonizes the procedure of amendment of assessment under the Income Tax Ordinance, 2001, with the procedure of assessment under section 11 the Sales Tax Act, 1990, and section 14 of the Federal Excise Act, 2005, FBR maintained.

The aforementioned amendment is also an effort to restore the true spirit of the Income Tax Ordinance, 2001, where amendment proceedings are entered into after carrying out inquiry or audit, if necessary, and do not remain pending for an indefinite period of time. In case the proceedings cannot be completed within the prescribed time period of 120 days, the Commissioner may extend the time limit for up to another ninety days for recorded reasons. The new provision would apply to the show cause notices issued after July 1, 2021.

Accordingly, formations are expected to be cognizant of this important amendment. The Commissioners are required to ensure that necessary guidance is provided to assessing officers in this regard, FBR added.


Source: Pro Pakistani

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