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COMMISSIONER INLAND REVENUE RTO, ISLAMABAD vs PAK TELECOMMUNICATION EMPLOYEES TRUST Ss — 2022 PTD 696 ISLAMABAD

Case information

Citation
2022 PTD 696 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
PTD
Parties
COMMISSIONER INLAND REVENUE RTO, ISLAMABAD vs PAK TELECOMMUNICATION EMPLOYEES TRUST Ss
Subject matter
Tax & Customs
Provisions referred to
S. 133---P; S. 2; S. 14; S. 159; Income Tax Ordinance (XLIX of 2001); 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 RTO, ISLAMABAD VS PAK TELECOMMUNICATION EMPLOYEES TRUST Ss.2(5), 14(1)(a), Second Schedule, Part-I, Cl. 56 (2)(ii) & Sixth Schedule, R.1(1)---Income Tax Ordinance (XLIX of 2001), S.133---Pakistan Telecommunication (Re-organization) Act (XVII of 1996), Ss.44 & 53---Pakistan Telecommunication Corporation Employees' Pension Fund (PTEPF)---Tax exemption for new entity---Dispute was with regard to tax exemptions availed by Pakistan Telecommunication Employees Trust (PTET) which was successor of PTEPF---Validity---PTEPF constituted through Trust Deed was accorded approval by Commissioner of Income Tax / Wealth Tax in terms of Part-II of the Sixth Schedule to Income Tax Ordinance, 1979---Such approval gave the Pension Fund status of "approved superannuation fund" as defined in S.2(5) of Income Tax Ordinance, 1979---Income of an approved superannuation fund under S.14(1)(a) read with Cl.56(2)(ii) in Part-I of the Second Schedule to Income Tax Ordinance, 1979, was exempted from tax---PTEPF did not pay tax on its income on account of having status of an approved superannuation fund---Creation of PTET by dint of the provisions of Pakistan Telecommunication (Re-organization) Act, 1996, did not operate as an alteration in the constitution, objects or conditions of PTEPF created through Trust Deed---Approval granted by Commissioner under the Sixth Schedule to Income Tax Ordinance, 1979, was not deemed to have been withdrawn as over a period of sixteen years viz the issuance of exemption certificates under S.159 of Income Tax Ordinance, 2001---Each of the exemption certificates were issued by Commissioner after the enactment of Pakistan Telecommunication (Re-organization) Act, 1996 and establishment of PTET---Such exemption certificates were not granted to PTEPF but to PTET, which was a creature of Pakistan Telecommunication (Re-organization) Act, 1996---In the exemption certificates, it was explicitly mentioned that income of the Trust was exempt from the levy of tax---Exemption certificates were granted by different Commissioners who were proficient in fiscal laws---High Court declined to interfere in order passed by Income Tax Appellate Tribunal---Reference was dismissed in circumstances.

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