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COMMISSIONER INLAND REVENUE, ZONE-IV vs HAMDAM PAPER CORPORATION (PVT — 2022 PTD 1781 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2022 PTD 1781 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2022
Reporter
PTD
Parties
COMMISSIONER INLAND REVENUE, ZONE-IV vs HAMDAM PAPER CORPORATION (PVT
Subject matter
Tax & Customs
Provisions referred to
S. 8-B; Sales Tax Act

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-IV VS HAMDAM PAPER CORPORATION (PVT.) LTD., KARACHI Ss.8-B & 47---Input against output adjustment---Quantum---Dispute was with regard to adjustment / refund of more than 90% input against output---Validity---Though S.8-B of Sales Tax Act, 1990 restricted adjustment to the extent of 90% only, on the other hand granted certain exclusions also---Commissioner Inland Revenue (Appeals) and the Appellate Tribunal Inland Revenue while dealing with the matter observed that action of taxpayer in making adjustment did not cause any loss to exchequer and authorities failed to point out---Registered person was not entitled for adjustment of input tax of remaining 10% amount in case of 90% adjustment but the registered taxpayer was legally entitled in case of non-adjustment of excess amount to adjust the same at the end of financial year---Even in case of 100% adjustment by taxpayer at the end of financial year position would have remained the same as in such situation there would not have been a refund arisen in favour of taxpayer---High Court declined to interfere in order passed by Appellate Tribunal Inland Revenue---Reference was dismissed, in circumstances.

Other judgments reported in 2022 PTD

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