Peshawar High Court
2025
THLN 7716
2025 PTD 1465
Laws Cited
Income Tax Ordinance, 2001
Sections
65B

Messrs GADOON TEXTILE MILLS LIMITED and others

VS

FEDERATION OF PAKISTAN and 2 others

Petitioner(s) by: Zila Council Jehlum through District Coordination Officer v. Messrs Pakistan Tobacco Company Ltd and others PLD 2016 SC 398 rel. Salman Akram Raja and Qazi Ghulam Dastagir
Respondent(s) by: Sanaullah DAG, Rehmanullah and Mukhtar Ahmad Maneri along with Siraj Muhammad, Assistant Commissioner Inland Revenue
Present: Abdul Shakoor and Syed Arshad Ali, JJ
JUDGMENT

By this common judgment, we intend to dispose of the instant petition as well as connected Writ Petitions Nos. 415-P/2020, 443P/2020, 457-P/2020, and 5627-P/2020 whereby the petitioners have challenged the constitutionality of amendment in Section 658, of the Income Tax Ordinance, 2001 ("Ordinance") through Finance Act, 2019 ("Impugned Legislation").2. Messrs Gadoon Textile Mills and 02 others have jointly filed this petition challenging vires of the Impugned Legislation amending section 65B of the Ordinance. It is the contention of the petitioners that in pursuance to the tax incentives offered under section 65B of the Ordinance, the petitioners had invested a huge amount of money in the expansion and upgradation of their textile plant during the period 1st July, 2018 to 30th June, 2019, purchased additional machinery which was installed by the petitioners between 1st July, 2018 to 30th June, 2019. Thus, they are entitled to a tax credit in terms of section 65B of the Ordinance on the...