The document discusses the roles and responsibilities of the Commissioner of Inland Revenue and the Appellate Tribunal Inland Revenue in Pakistan. The Commissioner of Inland Revenue has many powers under tax law, including allowing tax payments, granting extensions, permitting changes to accounting methods, and imposing penalties. The Appellate Tribunal Inland Revenue hears appeals from decisions of the Commissioner of Inland Revenue (Appeals) and is the final fact-finding authority on tax cases. It consists of judicial and accountant members and benches are usually two members who decide cases. The Federal Board of Revenue is the highest tax authority that oversees the administration of tax ordinances and appoints other tax authorities.
The document discusses the roles and responsibilities of the Commissioner of Inland Revenue and the Appellate Tribunal Inland Revenue in Pakistan. The Commissioner of Inland Revenue has many powers under tax law, including allowing tax payments, granting extensions, permitting changes to accounting methods, and imposing penalties. The Appellate Tribunal Inland Revenue hears appeals from decisions of the Commissioner of Inland Revenue (Appeals) and is the final fact-finding authority on tax cases. It consists of judicial and accountant members and benches are usually two members who decide cases. The Federal Board of Revenue is the highest tax authority that oversees the administration of tax ordinances and appoints other tax authorities.
The document discusses the roles and responsibilities of the Commissioner of Inland Revenue and the Appellate Tribunal Inland Revenue in Pakistan. The Commissioner of Inland Revenue has many powers under tax law, including allowing tax payments, granting extensions, permitting changes to accounting methods, and imposing penalties. The Appellate Tribunal Inland Revenue hears appeals from decisions of the Commissioner of Inland Revenue (Appeals) and is the final fact-finding authority on tax cases. It consists of judicial and accountant members and benches are usually two members who decide cases. The Federal Board of Revenue is the highest tax authority that oversees the administration of tax ordinances and appoints other tax authorities.
The document discusses the roles and responsibilities of the Commissioner of Inland Revenue and the Appellate Tribunal Inland Revenue in Pakistan. The Commissioner of Inland Revenue has many powers under tax law, including allowing tax payments, granting extensions, permitting changes to accounting methods, and imposing penalties. The Appellate Tribunal Inland Revenue hears appeals from decisions of the Commissioner of Inland Revenue (Appeals) and is the final fact-finding authority on tax cases. It consists of judicial and accountant members and benches are usually two members who decide cases. The Federal Board of Revenue is the highest tax authority that oversees the administration of tax ordinances and appoints other tax authorities.
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AUTHORITIES
Q.15.Write down a note on Commissioner of Inland Revenue
Commissioner Inland revenue is appointed by the board. Commissioner Inland Revenue, is subordinate to the Chief Commissioner Inland Revenue and Additional Commissioner Inland Revenue, Deputy Commissioner Inland Revenue, Assistant Commissioner Inland Revenue and, Officers of Inland Revenue, Special Officers Inland Revenue and Inspector Inland Revenue are subordinate to the Commissioner Inland revenue. Commissioner Inland revenue enjoys the following power and has to perform the following function under the law 1. PAYMENT OF TAX AT RETIREMNT Allow the employ to pay tax to on his retirement payment and golden handshake payment as per normal or pay tax on the three preceding tax year. 2. PAYMENTS OF TAX ON ARRIERS Allow an employ to pay tax on salary received in arrears in the tax year in which services where rendered. 3. EXTENSION IN DATE Extend the date of selection out of the option available to an employee 4. CHANGE IN METHOD OF ACCOUNTING Allow a person to change his method of accounting 5. CHANGES IN STOCK VALUATION METHOD Permit the change of stock valuation of method 6. GRANT SPECIAL TAX YEAR Allow a person to use a special tax year 7. GRANT NORMAL TAX YEAR Allow a person to use normal tax year instead of tax year 8. IMPOSITION OF CONDITIONS Impose a condition while permitting a person to use a special tax year or income tax year 9. WITHDRAWAL OF GRANT With draw the permission granted to a person to use a specific tax year 10. TAX CREDIT Distribute, apportion or allocate income, deduction or tax credits in respect of any transaction between associates
11. DETERMINATION OF VALUE
Charge to the tax of any unexplained income or assets and determine the value of assets 12. RETURN OF INCOME Require a person or his representative to furnish the return of income 13. WEALTH STATEMENT Require a person to furnish his wealth statement 14. DISCOUNTINIOUS BUSINESS Require a person to furnish his return if the business is discontinued and a person has not furnished his return of income 15. EXTENSION IN TIME Extend the time for filing the return 16. ASSESSMENT ORDER Make an assessment order if the taxpayers has not furnish his return of income 17. AMMENDED ASSESSMENT Make n amended assessment order 18. PROVISIONAL ASSESSMENT Make a provisional assessment order 19. RECOVERY OF TAX Take all necessary and appropriate actions for recovery of tax from a taxpayer And recover the tax from a person who holds money on behalf of the taxpayers and from liquidator 20. EXEMPTION CERTIFICATE Issue an exemption certificate 21. MAINTINENCE OF RECORDS Authorize a person to maintain the prescribed records , Books, Accounts, etc 22. AUDIT Select any person for audit 23. IMPOSE PENALITIES Impose penalties for different defaults
Q.16.Write down a note on Appellate Tribunal Inland Revenue
The Federal Government is the appointing authority of the Appellate Tribunal. It is second Court of appeals. The taxpayer or the Commissioner Inland Revenue, if not satisfied with the decision of the Commissioner Inland Revenue (Appeals) can appeal to the Appellate Tribunal Inland Revenue. Members of Appellate Tribunal Inland Revenue: The appellate tribunal Inland Revenue of two types of members: (a) Judicial members; and (b) Accountant members. The necessary for their appointments are as follows: Judicial Members: The federal government may appoint a person as judicial member of the Appellate Tribunal Inland Revenue if: He has exercised the powers of a district judge and a qualified to be a judge of a high court; or He is or has been an advocate of high court and is qualified to be a judge of high court Accountant members: The federal government shall appoint the accountant members of the tribunal also. the accountant members shall be an officer of inland revenue equivalent in rank to a chief commissioner inland revenue a commissioner of inland revenue and a commissioner of inland revenue (appeals) having at least five years experience as commissioners or collector is also eligible for appointment as 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 inland revenue. Administration: A full time registrar is responsible to receive the appeals and look after the working of the offices of the tribunals. He is subordinate to chair person of the appellate tribunal inland revenue and works under his guidance he entertains the appeals provisionally, fixes the dates and looks after the administrative affairs of the appellate tribunal inland revenue. His office situated headquarters of appellate tribunal Inland Revenue in Islamabad. There is accountant registrar posted in Karachi and Peshawar branches.
Functions of the appellate tribunal inland revenue:
The chairperson of the appellate tribunal Inland Revenue may constitute benches to perform the function of tribunals. A bench normally consists of two members. However, a larger bench may also be constituted by the chairperson. A bench usually consists of equal members of judicial and accountant members what in certain cases the number of one type of members may exceed the other type by one the chairman is also empowered to constituted as many benches consisting of a single member as he may deem necessary to hear such cases or class as the federal government may by order in writing specify. Organization of appellate tribunal can best be explained with help of following chart. Explanation: A bench might consist of two judicial members and one accountant members or two judicial members and three accountant members. The federal government may authorized the chairperson or any one members of the tribunal to alone hear and beside the case .The chairman or other members of the appellate tribunal inland revenue authorized in this behalf by the chairman who constitutes a single members bench may dispose of any case where the amount of tax or penalty involved does not exceed rupees 5000000. If the members of a bench differ in opinion on any point the majority decision is accepted but if the members are equally divided the point in disputes in referred to the chairperson of the tribunal. In such cases the chairperson appoints one or more of the other person of the tribunal to hear the disputed point. The question is then decided according to the opinion of majority of members who have hared the case including those who first heard. Final fact finding Authority: The decision of the appellate tribunal Inland Revenue on the point of fact is final. Due tom this reason it is known as final fact finding authority. However if the decision of the appellate tribunal inland revenue involves a point of law the case can be referred to the high court
Q.17.Write down the powers and functions of Federal board of revenue
(FBR): Introduction: The old name of Federal Board of revenue was Central Board of Revenue. FBR is the highest tax authority in Pakistan. It has the powers to exercise the general administration of the income Tax ordinance, 2001. It is constituted under the provisions of the Federal board of Revenue Act, 2007. All other tax authorities are appointed by Board and are subordinate to it. Organization of FBR: The federal Board of Revenue presently comprises chairman and eleven members, appointed by the Federal Govt. as follows; 1. Three lines members 2. Four functional members 3. Four Support members HEAD OF BOARD----CHAIRMAN: In the existing steps, the Chairman, FBR, being the executive head of the board as well as secretary of the revenue division has the responsibility for 1. Formulation and administration of fiscal policies, 2. Imposition and collection of federal taxes, and 3. Judicial function of hearing of appeals. The Chief Commissioner Inland Revenue and Commissioners Inland Revenue (Appeals) are subordinate to the board and Commissioner Inland Revenue, are subordinate to the Chief Commissioner Inland Revenue. Additional Commissioner Inland Revenue, Deputy Commissioner Inland Revenue, Assistant Commissioner Inland Revenue and ,Officers of Inland Revenue ,Special Officers Inland Revenue and Inspector Inland Revenue . FUNCTIONS: Appointment The Board may appoint as many Chief Commissioners Inland Revenue, Commissioner Inland Revenue, Commissioner Inland revenue (Appeals), Additional Commissioners Inland revenue, Deputy Commissioner Inland Revenue, Assistant Commissioner Inland Revenue, Inland Revenue Officers, and Superintendents Inland Revenue officers, Inland Revenue, Auditors Inland Revenue and such other executive or ministerial officers and staff as many be necessary. (a) The board many allow any other income tax authorities to appoint its subordinates and such other executive or ministerial officers and staff as many be necessary. (b) All appointments of income tax authorities are subject to the rules and conditions which apply to the employees of the Federal Government. POWERS: In quite a few cases same powers have been vested in the hands of more than one income tax authority. This has been done for the immediate action which is some time necessary in specific situation. In certain other cases powers originally provided to one income tax authority may be shifted to an other authority. OTHER FUNCTION OF BOARD: Fiscal policies Formulation and administration of fiscal policies. Imposition of federal taxes The board can impose and collect federal taxes Grant approval Grant approval to leasing companies and modarbas Methods of accounting Specify the methods of accounting for certain business or class of business, or any other source of income or any class of person. Make the rules Make the rules for carrying out efficient administration of the ordinance by notification in the official gazette. Procedure for finishing returns Determine the procedure for finishing returns and other documents Approve the charitable institutions Approve the charitable institutions for the purpose of income tax Ordinance , specially for donation purposes Rule for evaluation and taxation Make the rule for evaluation and taxation of an explained income or asset. Circulars for the guidance Issue circulars for the guidance to the tax payers and offices of board. Appointment and transfer Appoint income tax authorities. Transfer any of the income tax authorities including valuer Determination of Jurisdictions Determine the jurisdictions of income tax authorities Audit Appoint a firm of chartered accountants or cost and managements accountants to conduct the audit of a person. Appointment of private agency Appoint any private agency or firm or company to carry out survey in respect of specified persons or areas.