Supreme Court of Pakistan
2025
THLN 3855
2025 PTD 753
Laws Cited
Income Tax Ordinance, 2001 | Sale of Goods Act, (III of 1930)
Sections
169, 177, 112(1), 153, 153(7)(iii), 133, 169 | 4

Commissioner Inland Revenue, Lahore …Petitioner(s)

VS

M/s Azam Textile Mills Limited, Lahore …Respondent(s)

Petitioner(s) by: Mr. Ahmad Pervaiz, ASC via video link from Branch Registry Lahore
Respondent(s) by: NEMO
Present: Justice Munib Akhtar Justice Athar Minallah Justice Shahid Waheed
ORDER

This petition presents a solitary question for a grant of leave to appeal against the order issued on the16th of March, 2022, by the Division Bench of the High Court. This order arose from an application lodged by theRevenue under Section 133(1) of the Income Tax Ordinance, 2001 (the Ordinance). The question is whether the transactions conducted by the respondent company, taxpayer, with its associated entity, M/s Saritow Spinning Mills Limited (the Company), qualify as "sales." This question is pivotal, as it may have significant implications for determining tax obligations and classifying transactions under the Ordinance. 2. The taxpayer is a public limited company that is publicly traded on the stock exchange. Its business operations revolve around the manufacturing and selling of yarn, catering to local and international markets. For the tax year 2003, the taxpayer's tax return was selected for an audit in accordance with Section 177 of the Ordinance. The taxation officer ident...