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Income Tax Procedure For Company PaK
Income Tax Procedure For Company PaK
Prepared By: Policy Planning & Strategy Small and Medium Enterprise Development Authority Government of Pakistan
www.smeda.org.pk
HEAD OFFICE Waheed Trade Complex, 1st Floor , 36-Commercial Zone, Phase III, Sector XX, Khayaban-e-Iqbal, DHA Lahore Tel: (042) 111-111-456, Fax: (042) 5896619, 5899756
Helpdesk@smeda.org.pk
REGIONAL OFFICE PUNJAB Waheed Trade Complex, 1st Floor, 36-Commercial Zone, Phase III, Sector XX, Khayaban-e-Iqbal, DHA Lahore. Tel: (042) 111-111-456 Fax: (042) 5896619, 5899756 helpdesk@smeda.org.pk REGIONAL OFFICE SINDH 5TH Floor, Bahria Complex II, M.T. Khan Road, Karachi. Tel: (021) 111-111-456 Fax: (021) 5610572 helpdesk-khi@smeda.org.pk REGIONAL OFFICE NWFP Ground Floor State Life Building The Mall, Peshawar. Tel: (091) 9213046-47 Fax: (091) 286908 Helpdesk-pew@smeda.org.pk REGIONAL OFFICE BALOCHISTAN Bungalow No. 15-A Chaman Housing Scheme Airport Road, Quetta. Tel: (081) 831623, 831702 Fax: (081) 831922 helpdesk-qta@smeda.org.pk
TABLE OF CONTENTS
1. 2. 3. 4. 5. Introduction of SMEDA Role of Policy Planning and Strategy Group Flow Chart National Tax Number Maintenance of Book Accounts 03 03 04 05 05 07 09 09 15 16 16-23
6. Penalties 7. Preparation of Accounts 8. 9. Computation of Income Tax Filing of Annual Income Tax Return
INTRODUCTION OF SMEDA
The Small and Medium Enterprise Development Authority (SMEDA) was established in 1998, with the objective to provide fresh impetus to the economy through the launch of an aggressive SME development strategy. SMEDA initially focused on nine priority sectors with the intention of developing sector strategies and proposing regulatory reforms to stimulate growth on the sole criterion of SME presence. In depth research was conducted and comprehensive plans were formulated after identification of impediments and retardants. These strategies as proposed by SMEDA comprehensively covered all important areas of business operation such as regulatory environment, finance, marketing, technology and human resource development. Resultantly, SMEDA successfully formulated strategies for sectors, including fruits and vegetables, marble and granite, gems and jewellery, marine fisheries, leather and footwear, textiles, surgical instruments, transport and dairy. The task of SME development at a broader scale still required more coverage and enhanced reach in terms of SMEDAs areas of operation. Therefore, after successfully qualifying in the first phase of sector development SMEDA reorganised its operations in January 2001. Currently, SMEDA along with the sectoral focus offers a range of services to the SMEs including over the counter support systems, exclusive business development facilities, training and development for SMEs and information dissemination through wide range of publications. SMEDAs activities can now be classified into following three broad areas: 1. Creating a Conducive Environment; includes collaboration with policy makers to devise facilitating mechanisms for SMEs by removing regulatory impediments across numerous policy areas 2. Cluster/Sector Development; comprises formulation and implementation of projects for SME clusters/sectors in collaboration with industry/trade associations and chambers 3. Enhancing Access to Business Development Services (BDS); take into account development and provision of services to meet the business management, strategic and operational requirements of SMEs The aforementioned reorganisation of SMEDA is driven by enhanced interaction with the stakeholders and suggests that SMEDAs is a true learning organization and always ready to take lead in the SME development arena.
FLOW CHART1
Registration of a company with Income Tax Application for NTN Complete IT-A One attested NIC copy of all partners/direct ors Incorporation certificate Memorandum/ Articles of Association.
File of application on IT-A for a company with concerned NTN Cell Books Record Maintenance of books of accounts for a financial/income year
Calculation of income/profit from accounts for a financial year, audited by a Chartered Accountant Firm Calculation of total taxable income ` Tax deductions Calculation of tax at applicable slab rate Deduction of advance taxes Total tax payable with return (Total income deductions) * slab rate advance taxes = final tax payable.
Profit and Loss account Balance Sheet Fixed assets and depreciation schedule
Form of income tax returns for companies 4 Tax payment Challans IT 31 (A,B,C,D)
Class-1 gazetted officer or an officer of the state owned bank should attest all documents.
Vouchers of purchases and expenses These vouchers must be retained to support the return and include Original cash memos, invoices and receipts of purchases and expenses. Salary register, copies of NIC of employees, attendance record and acknowledgement of salary paid to employees
Cash book and/or Bank Book or Daily Business Record The daily transactions of receipts, sales, payments, purchases and expenses be recorded in cash book or a bank book in a systematic manner which would help to prepare final income statement and balance sheet.
Records of utility bills Records to be Maintained for Income from Other Sources The taxpayers deriving income from other sources are required to maintain following records. Company deriving income from property Tenancy agreement, if executed; Tenancy termination agreement, if executed Receipt for amount of rent received Evidence of deductions claimed in respect of premium paid to insure the building, local rate, tax, charge or cess, ground rent, profit/interest or share in rent on money borrowed, expenditure on collecting the rent, legal services and unpaid rent
Company deriving income from capital gains Evidence of cost of acquiring the capital asset Evidence of deduction for any other costs claimed Evidence in respect of consideration received on disposal of the capital asset. Income from Dividends Dividend warrants. Income from Royalty Royalty agreement. Income from Profit on Debt Evidence and detail of profit yielding debt Evidence of profit on debt and tax deducted thereon, like certificate in the prescribed form or bank account statement Evidence of Zakat deducted, if any
The preparation and maintenance of these accounts is important for a company to calculate its annual profit/income. The tax authorities assess a company on the basis of particulars mentioned in the tax return. These particulars are taken from audited accounts. All accounts and documents to be maintained under Section 174 of Income Tax Ordinance 2001 and Income Tax Rules 2002 shall be kept/maintained for five years after the end of tax year to which they relate.
PENALTIES
There are certain kinds of penalties that can be imposed on the taxpayer upon noncompliance of the income tax regulations, which are defined in the following section Section 182(S182) If a taxpayer fails to produce income return under the Ordinance or an income statement under Section 115 (4), a penalty equal to one-tenth of one percent of tax payable for each default day subject to a minimum penalty of Rs. 500 and maximum of Rs. 25, 000 is imposed. A person failing to provide any statements as required under Section 165 of this Ordinance is required to pay a penalty of Rs.2, 000. Also if a person continues to fail to furnish the statement, an additional penalty of Rs.200 for each day of default will be imposed. Section 183(S183) According to this section taxpayer who fails to pay any tax by due date shall be subjected to 1. Penalty of 5% of the amount of tax in case of first default, 2. Additional 20% penalty of amount for second default, 3. 25% in case of third default and 4. Upto 50% for fourth and subsequent default but the total penalty would not exceed above 100%. If the amount of tax in respect of any penalty imposed under sub-section (1) decreases, the amount of penalty would also reduce accordingly. Section 184(S184) A person furnishing inaccurate particulars in returns will have to pay a penalty equal to the amount of tax that he tries to evade by doing so. Section 185(S185) If a person fails to maintain records as required by the tax law, 1. A penalty of Rs.2, 000 shall be imposed in case of first failure, 2. Rs.5, 000 for second failure and 3. Rs.10, 000 for third and subsequent failure. Section 187(S187) A person submitting false particulars in statement of various advance taxes paid under Section 147 shall have to pay a penalty equal to 200% of the tax shortfall and 25% of shortfall in cases other than Section 147. PENALTIES There are certain kinds of penalties that can be imposed on the taxpayer upon noncompliance of the income tax regulations, which are defined in the following section
Section 182(S182) If a taxpayer fails to produce income return under the Ordinance or an income statement under Section 115 (4), a penalty equal to one-tenth of one percent of tax payable for each default day subject to a minimum penalty of Rs. 500 and maximum of Rs. 25, 000 is imposed. A person failing to provide any statements as required under Section 165 of this Ordinance is required to pay a penalty of Rs.2, 000. Also if a person continues to fail to furnish the statement, an additional penalty of Rs.200 for each day of default will be imposed. Section 183(S183) According to this section taxpayer who fails to pay any tax by due date shall be subjected to 5. Penalty of 5% of the amount of tax in case of first default, 6. Additional 20% penalty of amount for second default, 7. 25% in case of third default and 8. Upto 50% for fourth and subsequent default but the total penalty would not exceed above 100%. If the amount of tax in respect of any penalty imposed under sub-section (1) decreases, the amount of penalty would also reduce accordingly. Section 184(S184) A person furnishing inaccurate particulars in returns will have to pay a penalty equal to the amount of tax that he tries to evade by doing so. Section 185(S185) If a person fails to maintain records as required by the tax law, 4. A penalty of Rs.2, 000 shall be imposed in case of first failure, 5. Rs.5, 000 for second failure and 6. Rs.10, 000 for third and subsequent failure. Section 187(S187) A person submitting false particulars in statement of various advance taxes paid under Section 147 shall have to pay a penalty equal to 200% of the tax shortfall and 25% of shortfall in cases other than Section 147.
PREPARATION OF ACCOUNTS
Every company has to prepare its accounts and get them audited by a certified Chartered Accountant firm. These accounts are required by the company as well as the income tax authorities to calculate the income of the company and its tax liability/ refund. Following is a set of accounts, which are required with tax returns: Profit And Loss Account Balance Sheet Notes To The Accounts Details Of Fixed Assets And Depreciation Schedule
There may be difference between the tax calculated by a company and the tax calculated by the tax department. This difference is due to change in depreciation2 rates, lease rentals and other differences as stated in the Income Tax Ordinance 2001, 3rd Schedule.
Depreciation: It is a measure of the wearing out, consumption or other losses in the value of the Fixed Asset arising from usage, passage of the time or obsolescence.
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or pension, rent received or receivables for providing facilities or any other services related to the renting of building etc. Deductions are allowed according to section 40. Section 15 (S15) (If applicable) This pertains to income earned by a business concern in the form of rent received from house property subject to deductions allowed under section 17. Section 37 (S37) Capital Gains (If applicable) This section relates to gain arising on discarding or transferring of a capital asset by a person in a tax year. The deductions allowed are mentioned under section 38. The total taxable income can be calculated by summing up the above mentioned sections. S18 + S39 + (S15 + S37) If Applicable = Total Taxable Income. It is mandatory for a company to show all incomes mentioned above in its annual income tax returns.
The bonus shares issued by the companies on or after July 1, 2001 will not be treated as its income. Thus, the companies will not have to pay taxes at the time of issuance of bonus shares. But the companies will collect tax @10% from the shareholders other than the companies. The companies' income from TFCs is still taxable but the income generated from TFCs is not taxable.
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TAXES ON EXPORTERS
The tax on exporters is levied according to First Schedule Part III Division IV under section 154 of Income Tax Ordinance, 2001. According to Section 154, an authorised foreign exchange dealer, banking company, an Export Processing Zone Authority, a direct exporter and an export house shall deduct tax at the rate specified in Division IV of Part III of First Schedule at the time of making payment to the exporter or commission agent or to the individual as the case may be. The tax deducted is taken as final tax payment. Following is a schedule outlining tax rates on exports and various industrial sectors.
Description of Industrial Sectors Leather and textile made ups, Engineering goods, sports goods, etc. Refined / treated salt, Ground batteries, Granite blocks and slabs, etc. Raw cotton, Rice, Lamb skin, etc.
Deductions
After calculating the total income, various deductions have to be made in order to arrive at the total taxable income. The detail of which along with examples is given below: Section 40 (S40) Under this section a company is allowed to deduct any expenditure which he has made to earn taxable income and Zakat paid by a person on any profit obtained from debt which is taxable under section 39. Other deductions included are the depreciation of any plant, machinery or building used to derive income as per section 22, an initial allowance for any plant or machinery utilised to conclude income according to section 23 Section 17 (S17) Includes deductions such as house repair, insurance of property, rent paid on property, profit paid on money borrowed to construct or renovate property, etc. Section 56 (S56) According to this section a company is allowed to deduct business losses. The assessee is entitled to set off (adjustment of) his losses under any head of income against income chargeable to tax. If the loss cannot be completely adjusted, it would not be permitted to be carried forward to next tax year. Section 20 (S20) A Company can deduct all expenses, which he has made for obtaining taxable income.
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Section 57 (S57) If the loss under head Income from Business cannot be adjusted completely under section 56, the amount of loss will be shifted to the next tax year and shall be set off against the same income head. No loss can be carried forward for more than six years. Section 58 (S58) The loss from any speculation business can only be adjusted against income from any other speculation business and if the loss is not completely set off, then that amount of loss can taken to the next tax year but not more than six years. Section 59 (S59) This section includes Capital Loses. The loss incurred under the head capital gains can only be adjusted under this and can be carried forward to the next tax year. Section 60 (S60) A company is entitled to deductible allowance for the amount of any Zakat paid under Zakat and Ushr Ordinance, 1980. Second Schedule These are exemptions from total income under different conditions. Therefore, the total deductions would be; S17 + S20 + S40 + S56 + S57 + S58 + S59 + S60 + II Schedule = Total Deductions
The above mentioned advanced taxes are applicable to most of the companies. However there are other sub-sections of section 50, which are applicable to related cases. These sections are given from sections 50(1) to 50(10). The company has to keep the record of income tax deducted under section 165 (and deposit it along with tax payment challans (IT 31 A,B,C,D) and ledger accounts too.
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The company is also required to file a six monthly, quarterly and annual report of all deductions relating to advance taxes,3 to tax authorities. After deducting the above-mentioned deductions, the company will arrive at the total taxable income. Tax liability will be calculated on the basis of the following slabs:
Companies
Company Type Banking Company Rates 47%
(inclusive of surcharge)
Other Company(inclusive of surcharge) 43%
Advance Tax: The advance payment of tax is a scheme in which the assessee is required to pay tax in a particular financial year, preceding the assessment year, on the basis of his estimated income or the latest assessed income.
3
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Section 236 Advance tax deducted on telephone bills. S147 + S148 + S151 + S153 + S235 + S236 + S233 (If Applicable)= Advance Taxes
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Total Tax Liability = = S18 + S39 + (S15 + 37) If Applicable _ (S17 + S20 + S40 + S56 + S57 + S58 + S59 + S60 + II Schedule) _ Adjustments of Deductions mentioned under various sections stated above. After the above-mentioned procedure the company will arrive at the income tax liability/ refund. In case of liability, the amount of tax liability has to be submitted in the government treasury through State Bank of Pakistan or designated branches of National Bank of Pakistan on Tax payment Challan IT 31 (A,B,C,D) of which 4 copies are to be prepared. The distribution of the copies is as under: Two copies of the tax payment challan are kept by the National Bank of Pakistan. One copy to be attached with the Annual Income Tax return for Companies. Fourth copy to be retained by the company, for its official use.
In case of refund, a company can contact the Income Tax department to get the refund of tax, after filing the annual income tax return.
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6. Photocopies of tax payment challans in case of adjustment of advanced taxes deducted under Chapter X Part V and Chapter XII of Income Tax Ordinance, 2001. Please refer to Section 169 of Income Tax Ordinance, 2001 for details of cases that do not require furnishing return of income.
ASSESSMENT
After completing the above-mentioned procedure, the taxpayer will submit the return to income tax department and the return filed to the Income Tax Commissioner shall be considered as an assessment order by the Commissioner the day the return is filed. However, according to section 122 the Commissioner may amend the assessment order within period of five years by making alterations or additions to the return as he conceives necessary.
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ANNEXURE I
ADDRESSES OF INCOME TAX OFFICES IN MAJOR CITIES
Income Tax Offices in Lahore: Address: Income Tax Building, Syed Mauj Darya Road, Lahore. Fax number: 042-9211857 Income Tax Offices in Karachi: Address: Income Tax Office, Sharah-e- Kamal Attaturk, Karachi. Fax number: 021-2628624 Income Tax Office, Northern Region Islamabad Address: House no.110-H, Lukman Hakeem Road, Sector G-6/3, Islamabad. Fax Number: 051-9204904 Income Tax Office, Islamabad Address: Buland Markaz, Blue area Islamabad Fax Number: 051 -9203670 Income Tax Office, Rawalpindi Address: 12 Mayo Road Fax Number: 051-9270422 Income Tax Office, Gujranwala Address: Income Tax Department, GT Road, Gujranwala Fax Number: 0431- 291401 Income Tax Office, Sailkot Address: Income Tax Department, Katchehry Road, Sialkot Fax Number: 0432-267296 Income Tax Office,Peshawar Address: Income Tax Department, Jamrud Road, Peshawar Fax Number: 091-9216140 Income Tax Office, Multan Address: Income Tax Department, 57-B, Sher Shah Road, Multan Fax Number: 061-585219 Income Tax Office, Faisalabad Address: Income Tax Department, Opposite Allied Hospital, Sargodha Road Fax Number: 041- 761433
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ANNEXURE II
SAMPLE FORMS
Form for NTN (IT-A) Form of Income Tax Returns (For Companies)
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IT-A Application for the Issuance of National Tax Number (NTN) (For Registered Firms and Companies) Category (please tick one): Name of Business: (Please type in capital letters) Business Address: Registered Firm Company
Phone: (Res.) _________________________ (Bus.) _________________________ Fax: _________________________ Principal Business Activity: Manufacturer Importer Exporter Distributor Wholesaler Retailer Services Others
Description of Business: _________________________________________________________________________________ Principal place of business (address): ______________________________________________________________________ Company type Public Ltd. Private Ltd. Non-Resident Company Others (if yes, please specify) Reg./Inc. No: (Please attach copy of documents) Residential Status: Resident Non-Resident Old NTN (if any): Reg./Inc. No:
PARTICULARS OF PARTNERS/DIRECTORS 1. Name ____________________________________________________________________________________________ (Please attach attested copy of NIC) 2. Name ____________________________________________________________________________________________ (Please attach attested copy of NIC) 3. Name ____________________________________________________________________________________________ (Please attach attested copy of NIC) 4. Name ____________________________________________________________________________________________ (Please attach attested copy of NIC) 5. Name ____________________________________________________________________________________________ NTN: NIC: (Please attach attested copy of NIC) NTN: NIC: NTN: NIC: NTN: NIC: NTN: NIC:
(Use additional sheet if required) I, the undersigned solemnly declare that to the best of my knowledge and belief the information given above is correct and complete. Name: _________________________________________
Sent to: Business Development Manager NTN Center, CBR House, Constitution Avenue, Islamabad. Ph: 9207540 (Ext. 346)
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FOR COMPANIES ONLY FORM OF RETURN OF TOTAL INCOME UNDER THE INCOME TAX ORDINANCE, 2001 Write one letter (CAPITAL) or a digit in each box. Leave a blank box between each word
Circle Inward No./Date of Receipt
m m
y y y y
Zone
National Tax
No.
Company's
Registration No.
Date of
Registration
d d
(if any)
m m
y y y y
Phone No.(s)
(i) (ii)
Phone No.(s)
(i) (ii)
Fax No.
Type of Company
(Use codes listed on page 4)
A
(Please mark
Type of Company *
in the relevant box)
Public or Private**
C Resident
Banking or Non-banking***
Legal Practioner
ITP
CA
C&MA
Others
Specify
Amount
7. 8. Purchases during the year Sales/Receipts during the year Value of Closing Stocks Gross Profit Net Profit Paid up capital of the Company
Income last Assessed / Declared (whichever is higher)
Code
3905 3901 3917 3919 3990
Amount
9199
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PART I COMPUTATION OF INCOME Description (attach prescribed Annex II) Income/(loss) from Property Income/(loss) from Business (attach prescribed Annex III) Capital Gains (attach prescribed Annex IV) Income/(loss) from Other Sources (attach prescribed Annex V) Foreign income Total Income [ 1 to 5 ] Exclusions from income (attach evidence) (a) Zakat paid under the Zakat & Ushr Ordinance, 1980 (b) Workers welfare fund (attach evidence) (c) Others (Specify) (d) Total exclusions [ a to c ] 8. Taxable Income [ 6 minus 7(d) ] 1. 2. 3. 4. 5. 6. 7.
9. Assessed business loss b/f from preceding year 10. Assessed business Loss c/f to next year 11. Assessed unabsorbed depreciation b/f from preceding year 12. Assessed unabsorbed depreciation c/f to next year
Code 2999 3999 4999 5999 9098 9099 9121 9125 9138 9139 9199
Amount
PART II COMPUTATION OF TAX Description / Particulars 1. Taxable Income [ as per part I ] 2. Gross income tax (attach prescribed Annex VI) 3. (a) Income tax reductions (attach prescribed Annex VI) (b) Income tax credits 4. Income tax [ 2 minus { 3(a) + 3(b) } ] 5. Minimum tax U/S 113 or U/S 148(8) 6. Tax chargeable [ 4 or 5 (whichever is higher) ] 7. Additional tax U/S 205 8. Workers Welfare Fund 9. Total [ 6 to 8 ] (attach prescribed Annex VII) 10. (a) Tax deducted/collected at source (b) Advance tax paid U/S 147 (c) Tax paid with return U/S 137
(d)
Adjustment of prior year(s) refunds
(attach year wise details with dates of determination by the department)
Code 9201
Amount
11. Tax payments [ 10(a) to 10(d) ] 12. Tax payable / refundable [ 9 minus 11 ]
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PART III INCOME CLAIMED TO BE EXEMPT AND NOT INCLUDED IN TOTAL INCOME
Nature of Income 1. 2. 3. 4. 5. 6. Total [ 1 to 5 ] State relevant provisions of law Code Amount
DOCUMENTS ATTACHED
Please mark for the documents attached
IV V VI VII
1. Prescribed Annex
II
III
2. Statement U/S 115(4) - Statement of receipts / incomes subject to final taxation 3. Copies of: - (a) 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.
(b) Charts of depreciation/amortization as admissible under the Income Tax Ordinance, 2001 4.
Evidence of (a) Tax deducted/collected at source payment of:(d) Zakat. (b) Advance tax paid U/S 147 (e) Workers Welfare Fund (c) (f)
Tax paid with return U/S 137 Donations/investment in shares etc. (for tax credits)
5. In case of a new taxpayer (without an NTN), NTN Registration Form 6. Any other document (specify) 7. Number of documents attached
Note: 1. 2. If any of the documents prescribed under the Income Tax Rules as part of the return are not enclosed, the return is liable to be considered as invalid return under the law. Use additional sheets where necessary.
VERIFICATION (See Note 1 below) I, the undersigned, solemnly declare that to the best of my knowledge and belief: a. the information given in this Return and the Annex(es) and the accompanying statement(s) are correct and complete;
b. c. The amount of income and other particulars are truly stated; during the year for which this Return is made i. no other income was received, or can be treated to have been received (other than that for which a statement of receipts/incomes subject to final taxation has been separately filed); ii. no other income accrued or arose or can be treated to have accrued or arisen; iii. no legally inadmissible deduction / expenditure has been claimed; and iv. the company had no other source of income; and d. the following books of account, documents and records as required by Section 174 of the Income Tax Ordinance, 2001 read with Rule 29 to 32 of the Income Tax Rules, 2002 thereto have been maintained for the tax year under consideration:(i) (ii) (iii) (iv) (v) (vi)
I, further declare that I am competent to make this Return and verify it in my capacity as _______________________________ of ___________________________________________________________________________________(see Note 2 below) Name Date
d d
Signature
(in block letters) (of the Taxpayer)
m m
y y y y
NIC No.
Note:
1. 2.
The alternative in the verification which are not applicable should be scored out. The verification should be signed by the Principal officer/or Chief Executive of Company.
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10 20 30 40 51 52 61
Co-operative Society (Other than a Finance Society) registered under any other lawfor the tim being in force e Finance Society registered under the Co-operative Societies Act, 1925 Finance Society registered under any other lawfor the tim e being in force Any other society (other than Co-operative or Finance) established or constituted by or under any lawfor the tim e being in force Foreign Association, whether incorporated or not, declared by CBR to be a com pany Provincial Governm ent
62 63 64 65 70 80 90
Unit Trust
Co-operative Society (Other than a Finance Society) registered under the Co-operative Societies Act, 1925
001 002
003 004
009
0009
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