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The COMMISSIONER, INLAND REVENUE, KARACHI vs ATTOCK CEMENT PAKISTAN LIMITED, KARACHI S — 2023 SCMR 279 SUPREME-COURT

Case information

Citation
2023 SCMR 279 SUPREME-COURT
Court
Supreme Court of Pakistan
Year
2023
Reporter
SCMR
Parties
The COMMISSIONER, INLAND REVENUE, KARACHI vs ATTOCK CEMENT PAKISTAN LIMITED, KARACHI S
Subject matter
Criminal
Provisions referred to
S. 7; Sales Tax Act; Finance 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

The COMMISSIONER, INLAND REVENUE, KARACHI VS ATTOCK CEMENT PAKISTAN LIMITED, KARACHI S. 7(1)--- Input tax, adjustment of---Whether any time limit for adjustment of input tax---Held, that section 7(1) of the Sales Tax Act, 1990 does not stipulate any condition or restriction of time for adjustment of the 'input tax' from the 'output tax' payable in respect of taxable supplies made in a tax period---Noted stipulation of time in section 7(1), that is, a tax period, is with regard to determining the tax liability of the 'output tax' on taxable supplies made by the tax payer during that period, and does not relate to the period of payment of 'input tax' on the taxable supplies received by him---For purposes of the present case, at the relevant period there was no express obligation on the tax payer to avail the facility of adjustment of 'input tax' in the same tax period in which it was paid---Such restriction was, however, for the first time introduced by inserting the words 'during the tax period' after the words, "input tax paid", in section 7(1) vide the Finance Act, 1998--- More amendments with regard to the time limit for availing the adjustment facility of 'input tax' followed later.

Other judgments reported in 2023 SCMR

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