Pakistan Case Law
1994 PTD 848

M/s. RAMMA PIPE AND GENERAL MILLS (PVT.) LIMITED through its Director vs

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Citation1994 PTD 848
CourtLahore High Court
Case No.Writ Petition No. 16758 of 1993
Date1994-02-15
Judge(s)Malik Muhammad Qayyum
ResultOrder accordingly
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This constitutional petition was filed under Article 199 of the Constitution of the Islamic Republic of Pakistan, 1973, challenging the computation of tax liability under Section 80-C of the Income Tax Ordinance, 1979. The petitioner's grievance centered on the inclusion of sales tax paid on supplied goods within the petitioner's taxable income, arguing that such inclusion was legally impermissible. The core legal question was whether sales tax paid by a taxpayer could be treated as part of their income for the purpose of calculating income tax under the specified ordinance. Upon review, the respondents conceded that the amount paid as sales tax cannot be deemed income of the petitioner and, therefore, cannot be subjected to income tax. Consequently, the Court held that the tax liability must be recalculated after deducting the sales tax paid. The judgment establishes the principle that sales tax paid on goods supplied does not constitute income and must be excluded from the computation of tax liability under Section 80-C of the Income Tax Ordinance, 1979.

Questions settled in this judgment
  • Can sales tax paid on goods supplied be included in the income of a taxpayer for the purpose of calculating tax under Section 80-C of the Income Tax Ordinance, 1979?
  • Is sales tax paid by a petitioner subject to income tax under the Income Tax Ordinance, 1979?
Laws & provisions referred
  • Article 199, Constitution of the Islamic Republic of Pakistan 1973
  • Section 80-C, Income Tax Ordinance 1979
income tax computationsales tax deductiontaxable incomeconstitutional petitiontax liability

' In this petition under Article 199 of the Constitution of Islamic Republic of Pakistan, 1973, the grievance of the petitioner is that while computing tax under section 80-C of the Income Tax Ordinance, 1979, sales tax paid on goods supplied by the petitioner has also been included in the income of the petitioner, though it was not permissible for respondents under the law to do so.

2. Mr. Muhammad Ilyas Khan, learned counsel appearing for respondents on instructions from respondents has conceded that while charging income tax under section 80-C of the Income Tax Ordinance, 1979, the amount paid as sales tax cannot be deemed to be the income of the petitioner and as such, cannot be subjected to payment of income tax submits that tax liability of the petitioner shall be worked out after deducting the sales tax paid.

' In this view of the matter, the petition fructifies and is disposed of accordingly.

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