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COMMISSIONER INLAND REVENUE, LAHORE vs MONNOOWAL TEXTILE MILLS LTD — 2022 PTD 305 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PTD 305 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PTD
Parties
COMMISSIONER INLAND REVENUE, LAHORE vs MONNOOWAL TEXTILE MILLS LTD
Subject matter
Tax & Customs
Provisions referred to
S. 67; 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, LAHORE VS MONNOOWAL TEXTILE MILLS LTD., LAHORE Ss.67, 122(1)(5)(9), 133, 154(4) & 169(1)---Income Tax Rules, 2002, Rr.13 & 231---Apportionment of expenditure---Amendment in tax return---Dispute was with regard to apportionment of expenditure incurred and adjustments claimed by taxpayer under R.231 of Income Tax Rules, 2002--- Plea raised by authorities was that apportionment of expenditures was to be done by applying mechanism provided under S.67 of Income Tax Ordinance, 2001, read in consonance with R.13 of Income Tax Rules, 2002---Validity---Income derived from export sales and tax deducted thereupon was treated as final tax in terms of Ss.154 (4) & 169(1) of Income Tax Ordinance, 2001---Apportionment of expenditures, was required to be carried out under S.67 of Income Tax Ordinance, 2001 and R.13 of Income Tax Rules, 2002---In the context of expenditures / deductions claimed by taxpayer, provision of R.231 of Income Tax Rules, 2002 had no application---High Court set aside order in question as Income Tax Appellate Tribunal erred in law while applying R.231 of Income Tax Rules, 2002---High Court remanded the matter to Income Tax Appellate Tribunal for decision afresh---Reference was allowed accordingly.

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