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INDUS PENCIL INDUSTRIES (PVT.) LTD. vs The COMMISSIONER INLAND REVENUE, ZONE-I, LTU-II KARACHI S — 2022 PTD 599 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN

Case information

Citation
2022 PTD 599 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN
Year
2022
Reporter
PTD
Parties
INDUS PENCIL INDUSTRIES (PVT.) LTD. vs The COMMISSIONER INLAND REVENUE, ZONE-I, LTU-II KARACHI S
Subject matter
Service
Provisions referred to
S. 113---M; S. 113; 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

INDUS PENCIL INDUSTRIES (PVT.) LTD. VS The COMMISSIONER INLAND REVENUE, ZONE-I, LTU-II KARACHI S.113---Minimum tax on the income of certain persons---Scope---Appellant/taxpayer adjusted tax under Cl. (c) of subsection (2) of S.113 of Income Tax Ordinance, 2001, for two years---Deputy Commissioner Inland Revenue (DCIR) adjusted such carried forward excess amount from the tax liability and in course of such adjustment he also adjusted levy of "Workers' Welfare Fund"---Additional Deputy Commissioner Inland Revenue (ADCIR) treated such adjustment as erroneous, made adjustment of tax chargeable under Part-I, Division-II of the 1st Schedule to the Income Tax Ordinance, 2001 and reduced the same from the minimum tax chargeable under S.113, Income Tax Ordinance, 2001---Validity---Held; orders of departmental authorities were vacated to the extent of adjustment of carried forward of excess amount available to the appellant under Cl.(c) of subsection (2) of S.113, Income Tax Ordinance, 2001 for the reason that Cl. (c) provided for carrying forward of excess amount of tax paid in terms of S.113(1), Income Tax Ordinance, 2001, for adjustment against tax liability under Part I of 1st Schedule for the subsequent year---Said adjustment was not restricted to the difference between minimum tax liability and normal tax liability---Appellant had conceded that adjustment of levy of Workers' Welfare Fund from such available excess amount was not correct---Appeal was disposed of accordingly.

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