NAEEM RAFIQUE BHATTI, GUJRANWALA vs The COMMISSIONER INLAND REVENUE, RTO, GUJRANWALA Ss

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NAEEM RAFIQUE BHATTI, GUJRANWALA VS The COMMISSIONER INLAND REVENUE, RTO, GUJRANWALA Ss.113, 2(22a) & First Sched., Sr. 2, Division IX---Minimum tax---Distributor---Fast moving consumer goods---Scope---Question before appellate Tribunal was whether the household electrical appliances fell in the category of fast moving consumer goods as defined in S. 2(22a) of Income Tax Ordinance, 2001---Validity---Household electrical appliances e.g. television, refrigerator, air conditioners, etc., did not fall in the definition of fast moving consumer goods for the reason that neither they were frequently purchased by the consumer nor their costs were relatively low---Though these appliances were used in almost every house but they were also durable in nature as the consumer did not buy these items on frequent basis. Citation Name: 2023 PTD 134 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTANBookmark this Case NAEEM RAFIQUE BHATTI, GUJRANWALA VS The COMMISSIONER INLAND REVENUE, RTO, GUJRANWALA S.113 & First Sched., Sr. 2, Division IX---Minimum tax---Distributor---Scope---Question before Appellate Tribunal was whether the status of taxpayer was of a distributor---Claim of taxpayer was that his case fell in Sr. 2(a) of First Schedule of Division IX and to prove that fact he had produced certificates issued by different electronic companies---Validity---Certificates issued by the companies had no sanctity in the absence of any supporting evidence i.e. sales invoices, entries in books of accounts, distribution agreements, etcetera---No agreement was placed on record by the taxpayer to prove the relationship---Taxpayer had failed to establish his status as a distributor with any documentary evidence, therefore, the assessing officer had rightly charged the minimum tax---Appeals were dismissed. Citation Name: 2023 PTD 134 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTANBookmark this Case NAEEM RAFIQUE BHATTI, GUJRANWALA VS The COMMISSIONER INLAND REVENUE, RTO, GUJRANWALA Law existing in a particular tax year or tax period is applicable for the purpose of determining tax liability. Citation Name: 2023 PTD 134 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTANBookmark this Case NAEEM RAFIQUE BHATTI, GUJRANWALA VS The COMMISSIONER INLAND REVENUE, RTO, GUJRANWALA S.2(22a)---Fast moving consumer goods---Scope---Fast moving consumer goods are products that sell quickly at relatively low cost---Such goods are called consumer packaged goods---Fast moving consumer goods have a short shelf life because of high consumer demand (e.g. soft drinks and confectionaries) or because they are perishable (e.g. meat, dairy products or bakery item, etc)---Such goods are purchased frequently, consumed rapidly, and priced low and sold in large quantities. Citation Name: 2023 PTD 134 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTANBookmark this Case NAEEM RAFIQUE BHATTI, GUJRANWALA VS The COMMISSIONER INLAND REVENUE, RTO, GUJRANWALA arts.189 & 201---Decisions of Supreme Court binding on other Courts---Decision of High Court binding on subordinate Courts---Scope---Judgments of superior courts are binding to the subordinate tribunals/courts and appellate Tribunal being a subordinate functionary is bound to follow the dictums laid down by the High Courts as well as the Supreme Court of Pakistan. Citation Name: 2023 PTD 134 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTANBookmark this Case NAEEM RAFIQUE BHATTI, GUJRANWALA VS The COMMISSIONER INLAND REVENUE, RTO, GUJRANWALA S. 2(22a)---Fast moving consumer goods---Scope---Definition of fast moving consumer goods reflects that they are those goods which are in the daily usage of a consumer---Definition ousts those goods from the definition of Fast Moving Consumer Goods which are durable in nature---Despite goods of daily demand and usage if goods are durable in character the same cannot be treated as fast moving consumer goods under the Income Tax Ordinance, 2001. Citation Name: 2023 PTD 134 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTANBookmark this Case NAEEM RAFIQUE BHATTI, GUJRANWALA VS The COMMISSIONER INLAND REVENUE, RTO, GUJRANWALA S.2(22a)---Fast moving consumer goods---Scope---Bare reading of the definition of fast moving consumer goods given in the Income Tax Ordinance, 2001, along with definitions being used in the trading world clearly stipulate that these are those goods which are largely used in daily routine, having a high demand and relatively a low cost---Section 2(22a) further ousts the durable goods even if they fall in the definition of fast moving consumer goods for the purpose of Income Tax provisions.

NAEEM RAFIQUE BHATTI, GUJRANWALA vs The COMMISSIONER INLAND REVENUE, RTO, GUJRANWALA Ss — 2023 PTD 134 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN

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