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Lahore High Court 2023 Income Tax Ordinance (XLIX of 2001

2023 PTD 1120

Vires of Super Tax
SERVICE GLOBAL FOOTWEAR LIMITED and another
Appellant
VS
FEDERATION OF PAKISTAN and others
Respondent

Case Laws / Head Notes / Paras

Chap. V, Part-I, Division-I First Proviso, Division-II B [as inserted by Finance Act, 2022]---Constitution of Pakistan, Arts. 25 199---Constitutional petition---Vires of Super Tax---Discrimination---Term person---Textualism, doctrine of---Applicability---Petitioners/taxpayers assailed imposing of Super Tax on the plea of discrimination---Validity---Term person had wider amplitude and was used in broad sense---All petitioners fell within the definition of a person under S. 2(42) read with S. 80(1)(b) of Income Tax Ordinance, 2001---Petitioners/ taxpayers liability to pay tax for income tax had arisen under Chapter II, S. 4 of Income Tax Ordinance, 2001---Liability of petitioners/taxpayers to pay tax, even if created by charging provision, materialized upon filing of return in terms of S. 11...