COMMISSIONER INLAND REVENUE, ZONE-I, LTU, KARACHI vs ABU DAWOOD TRADING COMPANY (PVT — 2023 PTD 1069 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN

Case information

Citation: 2023 PTD 1069 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN
Year: 2023
Reporter: PTD
Parties: COMMISSIONER INLAND REVENUE, ZONE-I, LTU, KARACHI vs ABU DAWOOD TRADING COMPANY (PVT
Subject matter: Tax & Customs

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-I, LTU, KARACHI VS ABU DAWOOD TRADING COMPANY (PVT.) LTD., KARACHI Ss. 11, 3, 7 & 8---assessment of tax and recovery of tax not levied or short levied or erroneously refunded---Determination of tax liability---Tax credit not allowed---Scope---Taxpayer adjusted and claimed a certain amount as input tax on obsolete stock---Department while refusing to accept the claim of taxpayer ordered for recovery---Commissioner (appeals) allowed the appeal filed by taxpayer---Validity---In the scheme of Sales Tax act, 1990, Ss. 7 & 8 are not charging sections---Both the sections pertain to the domain of payability---Section 7 enunciates the principle for determining the tax liability for particular tax period of a registered person in respect of taxable supplies and it is provided that such registered person shall be entitled to deduct input tax paid during the tax period for the purpose of taxable supplies made or to be made by him from the output tax that is due from him in respect of a particular tax period---amount paid by the taxpayer belonged to him and the assessee was entitled to seek at its discretion either adjustment or refund---Impugned order did not require interference---appeal of the department was dismissed.

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