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NISHAT CHUNIAN LTD. vs COMMISSIONER INLAND REVENUE, LTU, LAHORE S — 2025 PTD 1448 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN

Case information

Citation
2025 PTD 1448 INLAND REVENUE APPELLATE TRIBUNAL OF PAKISTAN
Year
2025
Reporter
PTD
Parties
NISHAT CHUNIAN LTD. vs COMMISSIONER INLAND REVENUE, LTU, LAHORE S
Subject matter
Criminal
Provisions referred to
S. 154; 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

NISHAT CHUNIAN LTD. VS COMMISSIONER INLAND REVENUE, LTU, LAHORE S. 154 & Second Schedule, Pt. IV, Cl. 41aa as inserted through Finance act, 2012---Exports---Tax, reduction of---Scope---Taxpayer reduced export tax by 50% of tax liability under S. 154 of the Income Tax Ordinance, 2001 ('the Ordinance 2001') within the terms of clause 41aa of Part IV of Second Schedule ('41aa') of the Ordinance 2001---Officer Inland Revenue (OIR) disallowed the claim reduction for the reason that clause 41aa being inserted through Finance act 2012 having prospective in nature was applicable from the tax year 2013---Taxpayer filed appeal as the Commissioner-appeals agreed with the findings of OIR---Validity---Law existing in a particular tax year or tax period is applicable for the purpose of determining tax liability---any change of tax whether lowering or enhancing is substantive in nature and cannot be given retrospective effect---Instant appeal pertains to 2012 whereas clause 41aa was inserted through Finance act, 2012 which was to be applicable from tax year 2013---No benefit can be given to the taxpayer of the said clause being not available in the statute at the relevant time---The order of the Commissioner-appeals does not suffer from any legal infirmity and the same is accordingly upheld. Taxpayer's appeal on this issue was rejected.

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