There is a legal ambiguity in the Income Tax Ordinance 2001 on the chargeability of tax from owner of goods transport vehicle due to conflicting provisions of the said Ordinance. It is learnt here on Thursday that Waheed Shahzad Butt a leading Lahore-based lawyer has written a letter to the FBR Member Inland Revenue to clarify applicability of tax on the owner of goods transport vehicle.
Legal expert has also sought clarification whether owner of goods transport vehicle is entitled to exemption from provision of section 153(1)(b) of the Income Tax Ordinance, 2001 if income tax has already been paid u/s 234(1) of the Ordinance by the said transporter? The FBR has received a presentation on the controversy amongst provision of Section 234(1) and Section 153(1)(b) of the Income Tax Ordinance, 2001 from the tax expert.
The legal expert has pointed out that under provisions of section 234(1) of the Income Tax Ordinance, 2001, wherein tax collected from owner of goods transport vehicle has been classified as "Final Tax" on income of such person from plying, or hiring out of such vehicle then further deduction of income tax u/s 153(1)(b) of the Ordinance is unfair and contrary to the law.
According to the tax expert, the Board's attention has been invited towards provisions of section 234(5) of the Income Tax Ordinance, 2001, wherein tax collected from owner of goods transport vehicle has been classified as 'Final Tax' on income of such person from plying, or hiring out of such vehicle.
The relevant portion of said provision of law is reproduced: Section 234(5) of the Income Tax Ordinance 2001 says:- Where tax is collected from any person being the owner of goods transport vehicle, the tax so collected shall be the final tax on the income of such person from plying, or hiring out, of such vehicle.
Whereas provisions of section 153(1)(b) of the Income Tax Ordinance, 2001 creates an obligation at the part of Payer to deduct advance income tax at the time of making payment. Transport services are liable to withholding tax @ 2 percent under Division III Part III of the First Schedule to the Income Tax Ordinance, 2001, he said.
In light of above provisions of the Income Tax Ordinance, 2001, it is humbly requested to kindly clarify the following propositions: Firstly, whether owner of goods transport vehicle is entitled to exemption from provision of section 153 (1)(b) if income tax has already been paid u/s 234(1) of the Income Tax Ordinance, 2001?
Secondly, what is status of income tax deducted u/s 153(1)(b) shall be treated as final income tax liability u/s 234(5)?, Waheed added. A clarification has been sought from the Board to clarify the issue to remove ambiguity from the law, sources said.
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