Sindh High Court
2024
THLN 1032
2024 PTD 451 | (2023) 127 TAX 247 | 2023 PTCL 118
Laws Cited
Income Tax Ordinance, 2001 | Constitution of Pakistan, 1973
Sections
7E,7E(2),7E(2)(g) | 3,25,70253-EntriesNo.47,49,50,82oftheFou rthSchedule

HAKIMSONS (IMPEX) (PVT) LTD AND OTHERSVSFEDERATION OF PAKISTAN AND OTHERS

VS

Petitioner(s) by: M/s. Rashid Anwar, Ovais Ali Shah, Omer Soomro, Jahanzeb Awan, Abid H. Shaban, Dr. Muhammad Tariq Masood, Iqbal Salman Pasha, Mushtaq Hussain Qazi, Abdul Rahim Lakhani, Abdul Sattar Pirzada, Umair Qazi, M. Anas Makhdoom, Jawad Qureshi, Syeda Rabia Shahid,
Respondent(s) by:
Present: MUHAMMAD, JUNAID GHAFFAR, JUSTICE, AGHA FAISAL, JUSTICE
JUDGMENT:

MUHAMMAD JUNAID GHAFFAR, JUSTICE:--All these Petitions involve a common legal question and are therefore, being decided through this common Judgment. The Petitioners have challenged the provisions of Section 7E of the Income Tax Ordinance, 2001 (�Ordinance�) introduced through Finance Act, 2022, on the ground that it is ultra vires to the Constitution and so also discriminatory; confiscatory; hence, void, ab-initio and liable to be struck down.2. At the very outset we may state, and this is without disrespect to any of the learned Counsel for the Petitioners as well as Respondents, that their arguments have been noted and recorded in this judgment collectively for ease, convenience and to avoid overlapping, if any. Petitioners Counsel[1] have contended that Section 7E of the Ordinance imposes tax on property which is not within the competence of the Federal Legislature pursuant to Entry 50 of the Federal Legislative List provided in the Fourth Schedule to the Constitution of the Islami...