Pakistan Case Law
(2007 P.C.T.L.R. 72)

C.I.T./Wealth Tax And Others vs M/S. Fawad Textile Mills And Others

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Citation(2007 P.C.T.L.R. 72)
CourtSupreme Court of Pakistan
Case No.Constitutional Petitions Nos. 3461 to 3464-L of 2004
Date2006-07-20
Judge(s)Iftikhar Muhammad Chaudhry, Karamat Nazir Bhandari, Tasaddaq Hussain
ResultPetition Dismissed
Summary

This matter arises from petitions filed by the Commissioner of Income Tax and Wealth Tax against M/s. Fawad Textile Mills and others before the Supreme Court of Pakistan. The core legal question involved the subsisting nature of the controversy raised in the petitions. Upon hearing the learned counsel for the petitioners, the Court noted that the issue in dispute was no longer alive. Consequently, the Supreme Court dismissed the petitions as having become infructuous. The key principle laid down is that when the underlying issues in a petition cease to exist or are no longer alive, the court will dismiss the proceedings accordingly.

Questions settled in this judgment
  • What action does the court take when the issues raised in a petition are no longer alive?
  • Can tax petitions be dismissed when the underlying controversy ceases to exist?
tax referenceincome taxwealth taxinfructuous petitionssupreme court

ORDER

1. IFTIKHAR MUHAMMAD CHAUDHRY, C.J.-- Learned counsel for the petitioners stated that in these petitions, issue is not more alive. Dismissed accordingly.

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