2023 PTD 1103 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN

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MUHAMMAD ALI TABBA, KARACHI VS The COMMISSIONER INLAND REVENUE, AEOI, ZONE, LTO, KARACHI Principles of tax equity demand levy of higher tax on individuals with higher ability to pay tax. Citation Name: 2023 PTD 1103 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTANBookmark this Case MUHAMMAD ALI TABBA, KARACHI VS The COMMISSIONER INLAND REVENUE, AEOI, ZONE, LTO, KARACHI S.8---Capital Value Tax---Foreign assets---Scope---Imposition of capital value tax on foreign assets of resident individuals by legislature is to bring fairness in taxation by imposing direct tax on the rich individuals in Pakistan---However, as individuals having foreign assets up to 100 million rupees have been exempted from such tax, therefore, this tax can be said to have been imposed on super rich instead of even rich individuals---Such persons are required to file declaration of capital value tax and pay capital value tax. Citation Name: 2023 PTD 1103 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTANBookmark this Case MUHAMMAD ALI TABBA, KARACHI VS The COMMISSIONER INLAND REVENUE, AEOI, ZONE, LTO, KARACHI S.8---Capital Value Tax---Jurisdiction---Scope---Officer Inland Revenue has inherent jurisdiction for the purpose of collection of Capital Value Tax over persons whose income tax records and income tax affairs, the Officer Inland Revenue can examine for their income tax treatment. Citation Name: 2023 PTD 1103 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTANBookmark this Case MUHAMMAD ALI TABBA, KARACHI VS The COMMISSIONER INLAND REVENUE, AEOI, ZONE, LTO, KARACHI S. 8---Capital Value Tax---Foreign assets of taxpayer---Amnesty scheme---Immunity from taxation---Scope---Appellant (taxpayer) assailed imposition of capital value tax on foreign assets---Contention of appellant was that he had declared foreign assets by availing Amnesty Scheme and his assets were immune from any taxation---Validity---At the time of availing Amnesty Scheme, law legislated by the Parliament was acknowledged and availed, which sought declaration of foreign assets---No objection was raised that Amnesty Schemes had extra territorial operations---Constitutionality of Wealth Tax Act, 1963, was consistently upheld by constitutional courts, which law had taxed the assets, either inside or outside Pakistan---No case for arbitrariness and unintelligible classification arose within the class of persons subjected to tax, which constituted a reasonably and intelligibly defined classification---Appeal was dismissed. Citation Name: 2023 PTD 1103 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTANBookmark this Case MUHAMMAD ALI TABBA, KARACHI VS The COMMISSIONER INLAND REVENUE, AEOI, ZONE, LTO, KARACHI One who seeks equity must have equities in his favour and anyone who seeks justice must come with clean hands. Citation Name: 2023 PTD 1103 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTANBookmark this Case MUHAMMAD ALI TABBA, KARACHI VS The COMMISSIONER INLAND REVENUE, AEOI, ZONE, LTO, KARACHI Non-provision and non-production of documents does not give the taxpayer right to enjoy while sitting on the fence. Citation Name: 2023 PTD 1103 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTANBookmark this Case MUHAMMAD ALI TABBA, KARACHI VS The COMMISSIONER INLAND REVENUE, AEOI, ZONE, LTO, KARACHI art. 117---Burden of proof---Scope---One who asserts existence of facts must prove that the facts exist.

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