Appellate Tribunal Inland Revenue
2025
THLN 2358
2025 PTD 1707
Laws Cited
Income Tax Ordinance, 2001
Sections
120, 4C. 4C(2)(iii), 4C(2), 154, 154A

WARTSILA PAKISTAN (PVT.) LTD.

VS

COMMISSIONER INLAND REVENUE, LTO, LAHORE

Petitioner(s) by: Farhan Attique, ACA
Respondent(s) by: Abdullah Zulfiqar, DR
Present: MUHAMMAD TAHIR AND ZAHID SIKANDAR, MEMBERS
ORDER

The titled appeal has been preferred by the taxpayer against order dated 13.12.2023 passed by ACIR, Zone IV, LTO, Lahore whereby the OIR charged super tax under section 4C on the income of the appellant.2. The factual matrix of the case is that the appellant taxpayer, a private limited company engaged in erection, installation and commissioning of diesel, gas and dual fuel power plants, filed income tax return for tax year 2023 which constituted as deemed assessment order in terms of section 120 of Income Tax Ordinance, 2001. Upon scrutiny, it revealed that the taxpayer failed to discharge the liability of payment of Super tax under section 40 of the ITO. As per return, following heads of income (as disclosed by the taxpayer itself) were liable to chargeability of super tax under section 4C:Description Amount in Rs.Taxable income declared 43,344,627 imputable income under section 154A 15,025,210Receipts from commission 589,790,559Profit on debt (Not offered on NTR income) 5,823,238Tota...