11-22-2011, 08:59 PM
You have suggested a good way of bypassing surcharge on proportionate tax i.e. preparing without formula return and uploading it.
However, it could be a solution, if there was inadvertent error in the return. But in this case FBR has intentionally interpreted s.4A as surcharge is leviable on proportionate annual tax payable. Circular 11 of 2011 & SRO 977 (I) 2011, contains such faulty interpretation of FBR in accordance with which faulty return form has been prepared.
So either you may file return as it is or you may challenge the return before HIgh Court. It is also possible that you upload without formula return according to s.4A and then when FBR raises objection you may challenge it. By the way I have never uploaded excel sheet on FBR eportal. Heard that it is usually problematic.
However, it could be a solution, if there was inadvertent error in the return. But in this case FBR has intentionally interpreted s.4A as surcharge is leviable on proportionate annual tax payable. Circular 11 of 2011 & SRO 977 (I) 2011, contains such faulty interpretation of FBR in accordance with which faulty return form has been prepared.
So either you may file return as it is or you may challenge the return before HIgh Court. It is also possible that you upload without formula return according to s.4A and then when FBR raises objection you may challenge it. By the way I have never uploaded excel sheet on FBR eportal. Heard that it is usually problematic.
