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COMMISSIONER INLAND REVENUE, ZONE-II, REGIONAL TAX OFFICE, LAHORE vs DAEWOO PAKISTAN MOTORWAY SERVICES (PVT — 2022 PTD 1019 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PTD 1019 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PTD
Parties
COMMISSIONER INLAND REVENUE, ZONE-II, REGIONAL TAX OFFICE, LAHORE vs DAEWOO PAKISTAN MOTORWAY SERVICES (PVT
Subject matter
Tax & Customs
Provisions referred to
S. 113; Finance Act; Income Tax Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

COMMISSIONER INLAND REVENUE, ZONE-II, REGIONAL TAX OFFICE, LAHORE VS DAEWOO PAKISTAN MOTORWAY SERVICES (PVT.) LTD. Ss.113 & 133(1)---Final Tax Return---Turnover---Dispute was with regard final discharge of liability over turnover---Validity---Turnover excluded tax paid or payable as final discharge of tax liability---Explanation added through Finance Act, 2012 replicated exclusion of deemed income assessed as final discharge of tax liability as envisaged under S.113(3) of Income Tax Ordinance, 2001---Appellate Tribunal Inland Revenue overlooked definition of 'turnover' and misconstrued S.113(3) of Income Tax Ordinance, 2001---Income qualified under Final Tax Return did not form part of turnover, therefore, the same was not covered under minimum tax regime provided under S.113 of Income Tax Ordinance, 2001---Minimum tax regime established under S.113 of Income Tax Ordinance, 2001 prescribed mechanism for computation of minimum tax based on the value of turnover subject to conditions provided---Determination by Appellate Tribunal Inland Revenue that higher of the two taxes- either minimum tax under S.113 of Income Tax Ordinance, 2001 or final tax under Final Tax Return- could be levied was erroneous and contrary to the spirit of minimum tax regime defined under S.113 of Income Tax Ordinance, 2001---High Court set aside judgment passed by Appellate Tribunal Inland Revenue and matter was remanded for decision a fresh by the Tribunal---Reference was allowed, in circumstances.

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