COMMISSIONER INLAND REVENUE, CORPORATE ZONE, PESHAWAR vs WASIM SHARIF INDUSTRIES (PVT

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COMMISSIONER INLAND REVENUE, CORPORATE ZONE, PESHAWAR VS WASIM SHARIF INDUSTRIES (PVT.) LTD. Ss. 3, 7, 34a & Second Sched.---Sales Tax act (VII of 1990), S.7---Reference---Federal Excise Duty, levy of---Ghee and Cooking oil---authorities were aggrieved of order passed by appellate Tribunal Inland Revenue setting aside show cause notice issued to respondents / taxpayers to recover Federal Excise Duty---Validity---Levy and collection of Federal Excise Duty on Ghee and Oil sector placed in Second Schedule to Federal Excise act, 2005, were recoverable in the manner and mode as provided under Sales Tax act, 1990---Intention of law maker by inserting S.7 in Federal Excise act, 2005 where input adjustment had already been provided was aimed to allow to assessee all adjustment even admissible to it under the regime provided under Sales Tax act, 1990, including input adjustment of sales tax on all purchases made by a registered person during taxable/economic activities---Through S.7 to Federal Excise act, 2005 by reference the beneficial regime of input adjustment as provided under S.7 of Sales Tax act, 1990 was borrowed which was also a machinery provision relating to adjustment of input tax---Findings of both the forum relating to liability of respondents to pay Federal Excise Duty were not based on correct principles as stated above---assessing officer passed order of assessment ignoring essential legal and factual aspects of the case whereas appellate Tribunal Inland Revenue straightaway annulled assessment order ignoring the fact that during period in question, respondents/taxpayers were subject to impost of Federal Excise Duty---High Court set aside order passed by appellate Tribunal Inland Revenue as well as assessment in question and remanded the matter to assessing officer for assessment afresh---Reference was disposed of accordingly.

COMMISSIONER INLAND REVENUE, CORPORATE ZONE, PESHAWAR vs WASIM SHARIF INDUSTRIES (PVT — 2025 PTD 23 PESHAWAR-HIGH-COURT

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