Income Tax Ordinance, 2001 — Section 164: Certificate of collection or deduction of tax

164. Certificate of collection or deduction of tax.—(1) Every person collecting tax under Division II of this Part or deducting tax from a payment under Division III of this Part 1[or 2[deducting or collecting tax under] Chapter XII] shall, at the time of collection or deduction of the tax, furnish to the person from whom the tax has been collected or to whom the payment from which tax has been deducted has been made, 3[copies of the 4[Computerized Payment Receipt (CPR)] or any other equivalent document along with] a certificate setting out the amount of tax collected or deducted and such other particulars as may 5[ ] be prescribed6[: Provided that in case of persons or class of persons notified as SWAPS agent, SWAPS Payment Receipt (SPR) shall be replaced with Computerized Payment Receipt (CPR).]

(2)A person required to furnish a return of taxable income for a tax year shall attach to the return 7[copies of the 8[Computerized Payment Receipt (CPR) or SWAPS Payment Receipt (SPR)] on the basis of which a certificate is] provided to the person under this section in respect of tax collected or deducted in that year 9[ ].] 10[164A. 11[Settlement of transactions liable to Withholding Tax by SWAPS agents]. – (1) Subject to the Ordinance, the Board may, by notification in the official gazette, notify any person or class of persons required to deduct or collect tax under the Ordinance to integrate with Synchronized Withholding Administration and Payment System and to act as SWAPS agent within the time and in the manner as may be prescribed.

(2)The tax collected or purported to be collected or deducted or purported to be deducted under the Ordinance by a notified SWAPS agent and 1 Inserted by the Finance Act, 2002. 2 Inserted by the Finance Act, 2003. 3 Inserted by the Finance Act, 2009. 4 The words “challan of payment“ substituted by the Finance Act, 2022. 5 The words “pass an order to that effect and” omitted by the Finance Act, 2004. 6 The Full stop substituted with colon and proviso added by the Finance Act, 2022. 7 The words “any certificate” substituted by the Finance Act, 2009. 8 The words “challan of payment“ substituted by the Finance Act, 2022. 9 The words and figure “and such certificate shall be treated as sufficient evidence of the collection or deduction for the purposes of section 168”. 10 Section 164A inserted by the Finance Act, 2022. 11 The words “Payment of tax collected or deducted by SWAPS agents” substituted by the Finance Act, 2023 339 Chapter X – Procedure credited to the Commissioner through digital mode, shall be treated to have been paid under section 160 of the Ordinance.

(3)Where tax has been paid by a notified SWAPS agent in accordance with sub-section (2) of this section, copy or number of SWAPS Payment Receipt

(SPR)shall replace copy or number of Computerized Payment Receipts (CPR) for the purposes of the Ordinance.

(4)Any notified SWAPS agent shall not be eligible for tax credit under Part X of Chapter III of the Ordinance and exemption under any of the provisions of the Ordinance if notified SWAPS agent fails to integrate with Board.

(5)All persons from whom the tax has been collected or deducted by the notified SWAPS agents shall be eligible for credit of tax withheld against SPR issued by SWAPS Agent.

(6)All other provisions of the Ordinance, not specifically dealt with in this section, shall, mutatis mutandis, apply to the notified SWAPS agents.]