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COMMISSIONER INLAND REVENUE, LTU, LAHORE vs WORLD CALL TELECOM LTD — 2024 PTD 358 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN

Case information

Citation
2024 PTD 358 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN
Year
2024
Reporter
PTD
Parties
COMMISSIONER INLAND REVENUE, LTU, LAHORE vs WORLD CALL TELECOM LTD
Subject matter
Tax & Customs
Provisions referred to
Income Tax Ordinance

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, LTU, LAHORE VS WORLD CALL TELECOM LTD. Ss.113(3)(a), 120 & 122(5A)---Turnover---Sale of assets and scrap---Scope---Company deriving income from telecom and broadband services---Minimum tax, charging of---Officer Inland Revenue charged the taxpayer/ company minimum tax on sale of assets and scrap holding that the assesse was in receipt of fixed assets which was included in total turnover as according to the OIR tax was to be computed on ' turnover from all sources'---Said charge was deleted by the Commissioner, and Department assailed later order before the Appellate Tribunal Inland Revenue ('Tribunal')---Validity---Section 113(3)(a) of the Income Tax Ordinance, 2001, envisaged that the term 'turnover' meant gross sales or gross receipts exclusive of sales tax and federal excise duty or trade discount and any deemed income assessed as final discharge of tax liability---Undisputedly, the assesse was in receipt of fixed assets which was included in total turnover as according to the OIR tax was to be computed on 'turnover from all sources'---Expression 'turnover', 'gross sales: 'gross receipts' predominately appear to be interchangeable---Said expressions do not only overlap, but may confuse an assessee ; for example 'gross sales' means total of all sales: 'turnover' also means aggregate of sales: 'gross sales' means similarly, entire cash received as sale price---Said expressions have the sting of overlapping and convey analogous meaning---Appeal filed by the Department was dismissed, in circumstances.

Other judgments reported in 2024 PTD

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