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Islamabad High Court 2016 Sales Tax Act (VII of 1990)

2016 PTD 1675

Assessment of tax and recovery
OIL AND GAS DEVELOPMENT COMPANY LTD. through Manager (Pricing)
Appellant
VS
FEDERAL BOARD OF REVENUE through Chairman and 2 others
Respondent

Case Laws / Head Notes / Paras

Assessment of tax and recovery of tax not levied or short levied or erroneously refunded---Show cause notice issued on allegations of failure to impose or collect sales tax---Scope and applicability of S.11, Sales Tax Act, 1990---‘Redundancy’, principle of---Applicability---Whether---S.11(1) of the Act was attracted when a person, who was required to file a tax return, had failed to file the same for a tax period by the due date, or paid an amount, which because of some miscalculation, was less than the amount of tax actually paid, and the provision related to a situation which did not involve dispute regarding the actual amount payable as tax by the registered person---Section 11(2) of the Act envisaged a situation when a person had not paid the tax due on supplies made by him or had made...