Section 237 of Income Tax Ordinance, 2001 has explained the tax ordinance empowered the Federal Board of Revenue (FBR) to make rules.
The Federal Board of Revenue (FBR) issued the Income Tax Ordinance, 2001 updated up to June 30, 2021. The Ordinance incorporated amendments brought through Finance Act, 2021.
Following is the text of Section 237 of Income Tax Ordinance, 2001:
237. Power to make rules.—(1) The Board may, by notification in the official Gazette, make rules for carrying out the purposes of this Ordinance.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:–
(a) the manner in, and procedure by, which the income, profits and gains chargeable to tax and the tax payable thereon under this Ordinance shall be determined in the case of –
(i) income derived partly from agriculture and partly from other business; or
(ii) non-resident persons;
(ab) ascertainment or determination of any income or class of income to be included in the total income of a taxpayer and any deduction from such income;
(b) fees and other charges to be paid in respect of any matter referred to in this Ordinance;
(c) anything which is to be or may be prescribed under this Ordinance;
(d) the procedure for furnishing returns and other documents as required under this Ordinance, including on computer media or through electronic medium or for issuance of orders or notices, or levy of default surcharge or penalty through electronic medium;
(da) the procedure for approval of a non-profit organization;
(e) contain provisions of a saving or transitional nature consequent upon the making of this Ordinance; and
(f) penalties for the contravention of the rules made under this Ordinance.
(3) The power to make rules conferred by this section shall be, except on the first occasion of the exercise thereof, subject to the condition of previous publication.
(4) Where rules made under this section –
(a) adversely affect a person;
(b) are of a transitional nature; and
(c) are made within twelve months after commencement of this Ordinance,
these may provide that they shall take effect from the date on which this Ordinance comes into force or a later date.
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