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TOWN CRIER (PVT.) LTD., SARGODHA ROAD, FAISALABAD vs The COMMISSIONER INLAND REVENUE (APPEALS), RTO, FAISALABAD Ss — 2022 PTD 749 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN

Case information

Citation
2022 PTD 749 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN
Year
2022
Reporter
PTD
Parties
TOWN CRIER (PVT.) LTD., SARGODHA ROAD, FAISALABAD vs The COMMISSIONER INLAND REVENUE (APPEALS), RTO, FAISALABAD Ss
Subject matter
Tax & Customs
Provisions referred to
S. 73; 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

TOWN CRIER (PVT.) LTD., SARGODHA ROAD, FAISALABAD VS The COMMISSIONER INLAND REVENUE (APPEALS), RTO, FAISALABAD Ss.7, 21 & 73---Determination of tax liability---De-registration, blacklisting and suspension of registration---Certain transactions not admissible---Scope---Appellant had transacted all payments to his suppliers through Banking channel by complying with the mandatory provisions of S. 73 of the Sales Tax Act, 1990, which was the sole obligation on the buyer to ensure veracity of transactions in addition to verifying normal and operative status of his suppliers---Both the necessary conditions of verifying genuineness of suppliers from e-portal of FBR for its operative status and sufficient condition of making payments through Banking channel to ascertain the veracity of such transactions were complied with by appellant---Legislature had consciously given a right to a buyer in such cases to reclaim input tax so paid, where registration of the supplier was suspended or blacklisted, either as a refund or by way of adjustment---Subsequent blacklisting did not disentitle the buyer from his lawful right of input tax in respect of invoices issued when the supplier was a registered and active person unless those invoices were specifically declared fake and had direct nexus with blacklisting and admittedly, the invoices in question had no direct nexus with the subsequent blacklisting of the alleged suppliers---Appeal was accepted.

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