Government of Pakistan

Revenue Division

Central Board of Revenue

NOTIFICATION Islamabad, 30TH July , 2004

(Income Tax)

S.R.O. 651(I)/2004. –In exercise of the powers conferred by sub-section (1) of section 237 of the Income Tax Ordinance, 2001 (XLIX of 2001), the Central Board of Revenue is pleased to direct that the following further amendments shall be made in the Income Tax Rules, 2002, the same having been previously published as required by sub-section (3) of the said section, namely:-

In the aforesaid Rules, ---

(a)in rule 2, in sub- rule (1),----

(a)in clause (c) the word “and”, at the end, shall be omitted;

(b) in clause (d) for the full stop, the semicolon and word “;and” shall be substituted; and

(c) after clause (d), amended as a aforesaid, the following new clause shall be added, namely:-

“(e) “schedule” means a schedule to these rules.”

(b) for rule 34 the following shall be substituted, namely:-

“34.Return of income.- (1) This rule shall apply to provide for the furnishing of returns of income.

(2)A return of income as required to be furnished under section 114 shall be in the form specified in:

(a)Part-I (for companies);

(b)Part-II (for non-salaried individuals and association of persons); and

(c)Part-IIIA (for salaried individuals having other sources of income etc., as attachment to employer’s certificate in lieu of return of income);

of the Second Schedule to these rules.

(3)A return of income shall be verified in the manner specified in the form.

(4)A return of income shall be accompanied by the following, namely:-

(a)applicable documents;

(b)statements;

(c)certificates; and

(d)annexes;

as are specified in the annexures to Part-VI of the Second Schedule.”;

(c)for rule 35 the following shall be substituted, namely:-

“35.Employer’s certificate in lieu of return of income.- (1) This rule shall apply to provide for the furnishing of an employer’s certificate in lieu of return of income.

(2)An employer’s certificate in lieu of return of income as required under section 115 shall be in the form specified in Part III of the Second Schedule.

(3)An employer’s certificate in lieu of return of income shall be accompanied by the following, namely:-

(a)applicable documents;

(b)statements;

(c)certificates; and

(d)annexes;

as are specified in the annexures to Part VI of the Second Schedule.”;

(d)for rule 43 the following shall be substituted, namely:-

“43.Certificate of deduction of tax from salary. - (1) An employer shall issue to every employee employed by the employer in a financial year a certificate of deduction of tax from salary in the form specified in Part-III of Second Schedule to these rules within sixty days after the end of the employee’s tax year.

(2)Where an employee leaves employment before the end of the financial year, the employer shall issue to the employee a certificate of deduction of tax from salary for the period of employment in the year within seven days after termination of the employee’s employment.

(3)An employer who ceases to carry on business in a financial year shall issue a certificate of deduction of tax from salary to each employee prior to ceasing business.

(4)An employer who fails to issue a certificate of deduction of tax from salary as required under sub-rules (1), (2) or (3) shall commit an offence punishable on conviction under clause (c) of sub-section (1) of section 191.

(5)Where a certificate of deduction of tax from salary has been lost, stolen or destroyed, the recipient of the certificate may request, in writing, that the issuer of the certificate issue a duplicate certificate.

(6)Where a request has been made under sub-rule (5), the issuer of the certificate shall comply with the request and the certificate so issued shall be clearly marked “duplicate”.

(7)The certificate of deduction of tax issued by an employer to an employee shall be treated an “Employer’s Certificate in lieu of Return of Income” for the purposes of rule 35. “;

(e)rule 44 shall be omitted;

(f)rule 45 shall be omitted;

(g)for rule 46 the following shall be substituted, namely:-

46.Certificate issuing authorities - (1) An employer’s certificate in lieu of return of income referred to in rule 43 shall, in the case of a Government employee, be prepared and issued to the employee by-

(a)civil audit officers for all gazetted officers and others who draw their pay from audit offices on separate bills and also for all pensioners who draw their pensions from audit offices;

(b) chief accounts officer, Ministry of Foreign Affairs, for all gazetted officers and others in the employment of the said Ministry;

(c) treasury officers for all gazetted officers and others who draw their pay from treasuries on separate bills without countersignature and also for all pensioners who draw their pensions from treasuries;

(d) heads of civil or military offices for all non-gazetted officers whose pay is drawn on establishment bills or on bills countersigned by the head of office;

(e) forest disbursing officers and Public Works Department disbursing officers in cases where direct payment from treasuries is not made, for themselves and their establishments;

(f) head postmasters for,--

(i)themselves, their gazetted subordinates and the establishments of which the establishment pay bills are prepared by them;

(ii)supervising and controlling gazetted officers of whose headquarters post offices they are in-charge; and

(iii)pensioners drawing their pensions through post offices;

(g) head record clerks or account officer railway mail service, for themselves and all the staff whose pay is drawn in their establishment pay bills; and

(h) the disbursing officers in the case of the administrative and audit officers;

(i) controllers of military accounts (including divisional military supply, marine and field controllers) for all gazetted military officers under their audit;

(j) disbursing officers in the military works department for themselves and their establishments; or

(k) chief accounts officers or chief auditor of railways concerned for all railway employees under their audit.

(2) An employer’s certificate in lieu of return of income referred to in rule 43 shall, in any other case, be prepared and issued to the employee by,-

(a)the designated officer of the department under specific order,

(b)secretary of company;

(c)accounts officer authorized in this behalf for payment of salary;

(d)managing member or partner of an association of persons; or

(e)employer.”; and

(l)In the Second Schedule, -

(h)for Part-I the following shall be substituted namely:-

“PART- I

RETURN OF TOTAL INCOME UNDER THE INCOME TAX ORDINANCE, 2001

FOR COMPANIES

Original for the Department (Please Mark  in the relevant box/Use additional sheets where necessary) Duplicate for the Taxpayer

Taxpayer’s (Company) Profile

1.Year Ending On (dd/mm/yyyy)______

2.Name (In Block Letters).______

.______

3.Registered Office(a) Address.______

.______

.______

.______

.(b) Telephone (i) ______(ii) ______* In case of a new taxpayer without NTN,

prescribed NTN application, attached. .

(c) Fax ______

.(d) E-Mail______

4.Principal Office /(a) Address.______

Head Office/.______

Correspondence.______

.(b) Telephone(i) ______(ii) ______(c) Fax ______

.(d) E-Mail______

5.Type (a) Of Company. 10 20 30 40 51 52 61 62 63 64 65 70 80 90

(b)Public/Private. 001 002 003 005 009

(c) Banking/Non-Banking Financial Institution/Others. 0001 0002 0005 0009

6.Residential Status(a) Resident Non-Resident.

(b) Foreign controlled resident company. Yes No . (c) If non-resident, country of incorporation/formation/control and management .______

(d) Permanent Establishment of non-resident in Pakistan. Yes No .

7.Contact Person’s(a) Name.______

(b) Designation.______(c)Telephone______

8.Authorized (a) Name.______

.Representative, if any(b) StatusLegal Representative ITP CA C&MA Others.(c)Telephone______

ParticularsAmount (Rs.)CodeAmount (Rs.)

Computation of Taxable Income

9.Income/(Loss) from Business *As per Annex IIB attached .9201______

10Share from AOP * (a) Un-taxed.As per Annex III attached .9206______

. (b) Taxed(For rate purposes) .As per Annex III attached .9207______

11Income/(Loss) from Property *.As per Annex IV attached .9202______

12Capital Gains *.As per Annex V attached .9205______

13Income/(Loss) from Other Sources *.As per Annex VI attached .9203______

14Foreign Income.As per Annex VII attached .9204______

15Total Income/(Loss) [Add 9 to 14] .9281______

16Less:(a)Zakatpaid under the Zakat and Ushr Ordinance, 1980.______9001

(b)Workers Welfare Fund.______9002

(c)Sub-Total [16(a) plus 16(b)] .9273______

17.Sub-Total [17 minus 16(c)] .9272______

18.Brought Forward Business Losses.As per Annex IID attached .9250______

19.Taxable Income/(Loss) [17 plus/minus 18] .9200______

* Excluding foreign income separately disclosed at S. No. 14

20.In case of Taxable Loss.

(a)Un-absorbed depreciation, initial allowance

and amortization carried forwardAs per Annex IID attached .______9252

(b)Business losses carried forward.As per Annex IID attached .______9251

Computation of Tax

21.(a)Gross Tax at the rate of ______%9209______9210

.(b)Less: Tax Reductions, Credits & AveragingAs per Annex VIII attached .______9211

.(c)Net Tax [21(a) minus 21(b)]______9279

22.(a)Tax under section 113.Turnover *______9212

.(b) Minimum Tax [0.50% of the turnover (23(a))]______9213

.(c)Less: Tax Reduction or Exemption from Minimum Tax______9214

.(d)Balance Minimum Tax [22(b) minus 22(c)]______9278

23.(a)Tax under section 148(8) . Value of imports ______9216

.(b) Minimum Tax [3.00% of the value of imports (23(a))]______9217

24.Tax Chargeable [21(c) or 22(d) or 23(b), whichever is higher] .9276______

25.Less:Tax Already Paid including AdjustmentsAs per Annex X attached ..9218______

26.Balance Tax [24 minus 25] .(a) Refundable Rs.______(b) Payable9275______

27.Tax Paid With Return. Evidence of payment attached .9404______

28.Workers Welfare Fund Paid With Return. Evidence of payment attached .9403______

Income claimed to be Exempt and not included in Total Income

Nature of IncomeProvision of law under which Exempt

29.______.0000______

30.______.0000______

31.______.0000______

32.______.0000______

33.Total [Add 29 to 32].0000______

Other Documents

34.Income subject to final taxation, if any.As per Annex XI attached .

35.Key information.As per Annex XII attached .

36.Audited financial statements (income statement and balance sheet) in accordance with the provisions of the

Companies Ordinance, 1984 or any other statute under which incorporated, registered, formed or constituted

alongwith auditors' and directors' reports thereon.Attached .

Verification.

I, ______, holder of NIC No. .______in mycapacity as Principal Officer/ Trustee/ Representative of the Taxpayer named above do hereby solemnly declare that to the best of my knowledge and belief the information given in this Return and the attached Annex(es), Statement(s), Document(s) or Detail(s) is/are correct, complete and in accordance with the provisions of the Income Tax Ordinance, 2001 and Income Tax Rules, 2002.

(The alternative in the verification, which is not applicable, should be scored out)`

Date(dd/mm/yyyy)______Signature______

ACKNOWLEDGMENT

Inward No.______

Date(dd/mm/yyyy)______Name & signature of receiving officialSeal.

Description of Type of Company Codes etc.

Type of Company Codes / Codes
Company formed and registered under the Companies Ordinance, 1984(XLVII of 1984) or any other law repealed there under / 10
Body corporate formed by or under any law in force in Pakistan / 20
Modaraba as defined in the Modaraba Companies and Modarabas (Floatation and Control) Ordinance, 1980 (XXXI 1980) / 30
Body incorporated by or under the law of a country out-side Pakistan relating to incorporation of companies / 40
Trust (Other than a unit trust) / 51
Unit Trust / 52
Co-operative Society (Other than a Finance Society) registered under the Co-operative Societies Act, 1925 (Sind Act VII of 1925) / 61
Co-operative Society (Other than a Finance Society) registered under any other law for the time being in force / 62
Finance Society registered under the Co-operative Societies Act, 1925 (Sind Act VII of 1925) / 63
Finance Society registered under any other law for the time being in force / 64
Any other society (other than Co-operative or Finance) established or constituted by or under any law for the time being in force / 65
Foreign Association, whether incorporated or not, declared by CBR to be a company / 70
Provincial Government / 80
Local authority in Pakistan / 90
Public Company Codes
A company in which not less than 50% shares are held by the Federal Government / 001
A company whose shares are traded on a recognized stock exchange in Pakistan and remained listed at the end of the tax year / 002
Unit trust whose units are widely available to the public / 003
Any other trust as defined in the Trusts Act, 1882 / 004
A company in which shares are held by a foreign Government or a foreign company owned by a foreign Government / 005
Private Company Code
A Company which is not a public company / 009
Banking Company Codes
As defined in the Banking Companies Ordinance, 1962 / 0001
A body corporate which transacts the business of banking in Pakistan / 0002
Non-banking financial institution Code
A company which is not a banking company / 0005

Others

A company which is neither a banking company nor a non-banking financial institution / 0009.”;

(ii)for Part-II the following shall be substituted, namely:-

“PART- II

RETURN OF TOTAL INCOME UNDER THE INCOME TAX ORDINANCE, 2001

FOR NON-SALARIED INDIVIDUALAND ASSOCIATION OF PERSONS

Original for the Department (Please Mark  in the relevant box/Use additional sheets where necessary) Duplicate for the Taxpayer

Taxpayer’s (Individual/Association of Persons) Profile

1.Year Ending On (dd/mm/yyyy)______

2Status. IND AOP

3.Name ** (In Block Letters).______

.______

4.Address.______

.______

.______* In case of a new taxpayer without NTN,

prescribed NTN application, attached. .. ______

5..Telephone (i) ______(ii) ______

** In case of an individual - His/her name in full AND In case of an association of persons - Name and style of the association of persons

ParticularsAmount (Rs.)CodeAmount (Rs.)

Computation of Taxable Income

6.Income/(Loss) from BusinessAs per Annex IIA attached .9201______

7.Share from AOP (a) Un-Taxed.As per Annex III attached .9206______

. (b) Taxed(For rate purposes)As per Annex III attached .9207______

8.Income/(Loss) from Property.As per Annex IV attached .9202______

9.Capital Gains.As per Annex V attached .9205______

10.Income/(Loss) from Other Sources.As per Annex VI attached .9203______

11.Total Income/(Loss) [Add 6 to 10] .9281______

12.Less:(a)Zakatpaid under the Zakat and Ushr Ordinance, 1980.______9001

.(b)Medical Services Evidence of payment attached .______9004

.(c)Workers Welfare Fund______9002

(d)Sub-Total [Add 14(a) to 14(c)]9070______

13.Taxable Income/(Loss) [11 minus 12(d)] .9071______

14.Income claimed to be exempt and not included in Total/Taxable Income.9072______

Computation of Tax

15.Gross Tax. Agricultural income exceeds Rs. 80,000 Yes No 9210______

16.Less: Tax Reductions, Credits & Averaging.As per Annex VIII attached .9211______

17.Net Tax [15 minus 17] .9279______

18.Add: Tax on prior years Profit on Debts.As per Annex IX attached .9219______

19.Total [17 plus 18] .9274______

20.Tax Already Paid including Adjustments.As per Annex X attached .9218______

21.Balance Tax [19 minus 20] . (a) Refundable Rs. ______(b) Payable9275______

22.Tax Paid With Return. Evidence of payment attached .9404______

23.Workers Welfare Fund Paid With Return. Evidence of payment attached .9003______

Other Documents

24.Income subject to final taxation, if anyAs per Annex XI attached . As per statement of final tax for retailers attached .

25.Wealth Statement (Applicable, to individual’s only, if declared or last assessed income is Rs. 500,000 or more) . Attached .

Verification

I, ______, holder of NIC No..______in my capacity as Self/Member or Partner of Association of persons/Principal Officer of Local Authority/Representative of Taxpayer named above do hereby solemnly declare that to the best of my knowledge and belief the information given in this Return and the attached Annex(es), Statement(s), Document(s) or Detail(s) is/are correct, complete and in accordance with the provisions of the Income Tax Ordinance, 2001 and Income Tax Rules, 2002.

(The alternative in the verification, which is not applicable, should be scored out)`

Date(dd/mm/yyyy)______Signature ______

ACKNOWLEDGMENT

Inward No.______

Date(dd/mm/yyyy)______Name & signature of receiving officialSeal.”;

(iii)for Part-III the following shall be substituted, namely:-

“PART- III

EMPLOYER’S CERTIFICATE IN LIEU OF RETURN OF INCOME

UNDER THE INCOME TAX ORDINANCE, 2001

Original for the Department (Please Mark  in the relevant box/Use additional sheets where necessary) Duplicate for the Taxpayer

Taxpayer’s (Employee) Profile

1.Year Ending On (dd/mm/yyyy)______

2.Name ** (In Block Letters).______

.______

3.Address.______

.______

.______

.______* In case of a new taxpayer without NTN,

prescribed NTN application, attached. ..

4..Telephone (i) ______(ii) ______

Employer’s Profile

5.Zone/LTU/MTU Code.______Circle Code______National Tax Number ______

6.Name * (In Block Letters) .______

7.Address.______

.______

.______

8.Telephone.(i) ______(ii) ______Fax ______

9.E-mail.______

* In case of an individual - His/her name in full AND In case of an association of persons/company - Name and style of the association of persons/ company

ParticularsCodeAmount (Rs.)

Employer’s Certificate of Salary and Tax Deducted there on

10.Gross Salary.9301______

11.Less: Exempt Salary.9302______

12.Chargeable Salary[10 minus 11] .9383______

13.Tax Payable on Chargeable Salary.9410______

14.Tax Deducted and Deposited by the employer.9405______

15.Balance Tax [13 minus 14] . (a) Refundable Rs. ______(b) Payable9275______

16.Tax Paid With Return. Evidence of payment attached .9404______

Employer’s Verification.

I, ______, in my capacity as ______(designation) of the employer named above, do hereby solemnly declare that:

(a)to the best of my knowledge and belief the information given in this Certificate is correct and complete; and

(b)the gross salary, exempt salary, chargeable salary and tax payable thereon has been determined in accordance with the provisions of the Income Tax Ordinance, 2001 and Income Tax Rules, 2002.

Date (dd/mm/yyyy)______Signature______

Other Documents

17.Income subject to final taxation, if anyAs per Annex XI attached . As per statement of final tax for retailers attached .

18.Wealth Statement (Applicable, if declared or last assessed income is Rs. 500,000 or more) . Attached .

Employee’s VerificationI, ______, holder of NIC No. ______in my capacity as Self / Representative of Taxpayer named above do hereby solemnly declare that
(a)I/the taxpayer named above have no other employer;
(b)I/the taxpayer named above have no income from gain on disposal of shares subject to restriction of transfer or a right or option to acquire shares acquired under the employee share scheme;
(c)I/the Taxpayer named above do/does not opt for separate taxation in respect of payments on termination etc. or arrears of salary;
(d)I/the taxpayer named above have no income chargeable to tax under the head Business (including share from association of persons), Property, Capital Gains and Other Sources (like royalty, profit on debt, yield, interest, rent form sub-lease of land or building, etc.);
(e)my/the Taxpayer named above agricultural income does not exceed Rs. 80,000;
(f)I/the taxpayer named above do/does not have any claim for deductible allowances (like Zakat etc) or reduction in tax being 65 years of age or more or tax credit for charitable donations etc or any tax collected or deducted (other than from salary);
(g)to the best of my knowledge and belief the information given in the attached Annex(es), Statement, Document(s) or Details is /are correct, complete and in accordance with the provisions of the Income Tax Ordinance, 2001 and Income Tax Rules, 2002.
(The alternative in the verification, which is not applicable, should be scored out.)
Signature______
Date (dd/mm/yyyy)______/ Alternate to Employee’s Verification
In case an employee has any other source of income, deduction from income, tax reduction and credits, etc. then fill in the attachment to the employer’s certificate

ACKNOWLEDGMENT

Inward No.______

Date (dd/mm/yyyy)______Name & signature of receiving officialSeal.”;

(iv)after Part - III, the following shall be inserted, namely:-

“PART - IIIA

ATTACHMENT TO EMPLOYER’S CERTIFICATE

IN LIEU OF RETURN OF INCOME