Case Details

Citation(s)
2024 SLG 275 2024 SLD 275 2024 PTD 406
Lahore High Court
I.C.A. No. 1181 of 2016, decided on 11th March, 2022. Dateof hearing: 11th March, 2022.
PRESENT: MUHAMMAD SAJID MEHMOOD SETHI AND ASIM HAFEEZ, JJ
Shahbaz Butt, Muhammad Ajmal Khan, Muhammad Azhar Khan Joyya, Mian Abdul Ghaffar, Rai Amer Ejaz Kharal, Ch. Rehmat Ali; Omer Wahab, Mansoor Beg (vice Dr. Ikram-ul-Haq, Advocate), Imtiaz Rashid Siddiqui, Shehryar Kasuri, Raza lmtiaz Siddiqui, Jamshaid Alam

SOOFI MUHAMMAD FARRUKH AMIN AND OTHERS

VS

FEDERATION OF PAKISTAN THROUGH SECRETARY OF FINANCE REVENUE DIVISION, MINISTRY OF FINANCE, ECONOMIC AFFAIRS, STATISTICS AND REVENUE, PAKISTAN SECRETARIAT, ISLAMABAD AND OTHERS

Law: Income Tax Ordinance, 2001

Section: 116

Law: Income Support Levy Act, 2013

Section: 2 (1)(a),3,9

Law: Constitution of Pakistan, 1973

Section: 73(1),189

Law: Law Reforms Ordinance, 1972

Section: 3

Per Muhammad Sajid Mehmood Sethi, J and Asim Hafeez, J. agreeing (a) Income Tax Ordinance (XLIX of 2001)----S. 116---Income Support Levy Act, 2013, Ss. 2(1)(a), 3 & 9---Constitution of Pakistan, Arts. 73(1) & 189---Law Reforms Ordinance (XII of 1972), S.3---Intra Court Appeal---Judgment of Supreme Court--Leave to appeal declined---Effect---Income Support Levy---Vires of---Appellants / taxpayers were aggrieved of levy of Income Support Levy at the rate of 0.5% on value of net movable assets / wealth exceeding one million Rupees---Appellants / taxpayers assailed the Levy as ultra vires the Constitution---Judge in Chambers of High Court dismissed petitions filed by appellants / taxpayers---Validity---Supreme Court refused to grant leave to appeal, however, decided the matter on merits by enunciating principles of law---Such decision had the force of precedent and was binding on all subordinate Courts and Tribunals including High Court, in terms of Art. 189 of the Constitution---When Supreme Court deliberately and with intention of settling the law pronounced upon a question, such pronouncement was law declared by Supreme Court within the meaning of Art. 189 of the Constitution and was binding on all Courtsin Pakistan---Division Bench of High Court followed the judgment passed by Supreme Court---Intra Court Appeal was allowed accordingly. Commissioner Inland Revenue Federal Board of Revenue, Karachi v. Muhammad Mustafa Gifi and others (Civil Petitions Nos.490-K to 561-K and others) fol. Yaqoob Ahmed through Attorney and others v. Federation of Pakistan through the Secretary of Law, Ministry of Law and others 2020 PTD 1407; Abdullah v. The State 2001 MLD 1554; Collector of Sales Tax and Federal Excise v. Messrs Wyeth Pakistan Limited 2009 YLR 2096; Commissioner of Income Tax and others v. Mubashar Sheikh, City Towers 2017 PTD 795; Commissioner Income Tax v. Habib Bank Limited and ANZ Grindlays Bank PLC 2015 PTD 619; Hasnain Raza and another v. Lahore High Court, Lahore and others PLD 2022 SC 7 and S. Nasim Ahmed Shah and 115 others v. State Bank of Pakistan through Governor and another 2017 PTD 2029 rel. Per Asim Hafeez, J:- (b) Income Tax Ordinance (XLIX of…
🔒
Continue readingLogin or create an account to access the complete content.Login / Register

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492