TELENOR MICRO FINANCE BANK LTD. vs COMMISSIONER INLAND REVENUE Ss — 2022 PTD 1619 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PTD 1619 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PTD
Parties: TELENOR MICRO FINANCE BANK LTD. vs COMMISSIONER INLAND REVENUE Ss
Subject matter: Tax & Customs
Provisions referred to: S. 159; S. 161; S. 53; 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

TELENOR MICRO FINANCE BANK LTD. VS COMMISSIONER INLAND REVENUE Ss. 53, 133, 159, 161 & Second Sched. Part IV, Cl. 47B---Withholding tax---Exemption Certificate---Recovery of tax---Dispute between parties was that in absence of Certificate of exemption under S.159 of Income Tax Ordinance, 2001, applicant/Tax payer was liable to recovery of tax under S.161 of Income Tax Ordinance, 2001, as per Cl. 47B of Part IV of Second Schedule read with S.53 of Income Tax Ordinance, 2001---Validity---Withholder was not to form his own opinion that a person's case fell within the ambit of Cl. 47B of Part IV to Second Schedule of Income Tax Ordinance, 2001, unless a valid exemption certificate issued under S.159(1) of Income Tax Ordinance, 2001 was presented---Even the person whose payments were otherwise liable for advance tax deduction under Ss.150, 151 & 233 of Income Tax Ordinance 2001, could not insist that he was to be extended benefit of Cl. 47B of Part IV to Second Schedule of Income Tax Ordinance, 2001, in absence of exemption certificate in the face of provisions of S.159(2) of Income Tax Ordinance, 2001---Entitlement of concession under Cl.47B of Income Tax Ordinance, 2001, can be availed only when exemption certificate was presented to withholder and upon such presentation obligation of withholder to deduct advance tax as provided under S.159(2) of Income Tax Ordinance, 2001, stood discharged---Benefit under Cl. 47B of Part IV to Second Schedule of Income Tax Ordinance, 2001 could not be availed by withholdee out-rightly and directly from withholder on account of bar contained in S.159(2) of Income Tax Ordinance, 2001 unless withholding person had a valid exemption certificate issued to him under S.159(1) of Income Tax Ordinance, 2001---Reference was disposed of accordingly.

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