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TELENOR PAKISTAN (PVT.) LTD. vs APPELLATE TRIBUNAL INLAND REVENUE, ISLAMABAD S — 2024 PTD 619 ISLAMABAD

Case information

Citation
2024 PTD 619 ISLAMABAD
Court
Islamabad High Court
Year
2024
Reporter
PTD
Parties
TELENOR PAKISTAN (PVT.) LTD. vs APPELLATE TRIBUNAL INLAND REVENUE, ISLAMABAD S
Subject matter
Tax & Customs
Provisions referred to
S. 53; 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

TELENOR PAKISTAN (PVT.) LTD. VS APPELLATE TRIBUNAL INLAND REVENUE, ISLAMABAD S. 53 & Cl. (102a), Part I, Second Sched.---Exemptions and tax concessions in Second Schedule---Scope---Taxpayer returned losses with the claim that grants provided to it by the Federal Government to setup and develop telecommunication sites in far-flung areas were exempt from payment of income tax---Department, after issuance of show cause notice, added the grant to the income of taxpayer by ordering that the grants had been provided by Universal Service Fund and that it was not the Federal Government---Order-in-original was assailed before two appellate forums but to no avail---Validity---Universal Service Fund was a company distinct from the Federal Government---any grant extended to the taxpayer was considered to be income of the company which could not be excluded---Clause (102a), Part I of Second Schedule to the Income Tax Ordinance, 2001 related to grants/subsidies from the Federal Government---Universal Service Fund could not be stretched into concept of Federal Government in any manner---Concurrent findings given by the forums below were upheld and maintained---Reference applications were dismissed.

Other judgments reported in 2024 PTD

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