10/12/2025
*According to Section: 11(1),33,34,47 of Income Tax Ordinance,2001*
It is evident that the imposition of penalty under Section 33 and default surcharge under Section 34 of the Sales Tax Act, 1990 can only be undertaken where the Officer of Inland Revenue, in exercise of powers under Section 11(1), issues a show-cause notice and passes an assessment order in circumstances where a registered person either fails to file the return within the prescribed time or, having filed the return, pays an amount which due to miscalculation is less than the tax actually payable. As neither of these statutory conditions existed in the present case, the show-cause notice and the order-in-original issued by the Officer of Inland Revenue are without lawful authority. The learned Tribunal, therefore, rightly annulled the orders passed by the Officer as well as the Commissioner (Appeals).It is evident that the imposition of penalty under Section 33 and default surcharge under Section 34 of the Sales Tax Act, 1990 can only be undertaken where the Officer of Inland Revenue, in exercise of powers under Section 11(1), issues a show-cause notice and passes an assessment order in circumstances where a registered person either fails to file the return within the prescribed time or, having filed the return, pays an amount which—due to miscalculation—is less than the tax actually payable. As neither of these statutory conditions existed in the present case, the show-cause notice and the order-in-original issued by the Officer of Inland Revenue are without lawful authority. The learned Tribunal, therefore, rightly annulled the orders passed by the Officer as well as the Commissioner (Appeals).
*2023 SLD 7078*
*2023 PLJ 4*
Regards;
Oneeb Akhtar Ansari *(LL.M)*
Advocate High Court
Former General Secretary/Vice President LTBA 2024-25