| Citation(s) |
|---|
| 2011 SLG 22 2011 SLD 22 (2011) 103 TAX 96 2011 PTCL 192 2011 PTD 1 |
Lahore High Court
Writ Petition No. 3253 of 2010, decision dated: 15-06-2010.dates of hearing: 9th, 14th and 15-06-2010
SYED MANSOOR ALI SHAH, JUSTICE
Ch. Anwar ul Haq for Petitioners.
Writ Petition No. 3253 of 2010, decision dated: 15-06-2010.dates of hearing: 9th, 14th and 15-06-2010
SYED MANSOOR ALI SHAH, JUSTICE
Ch. Anwar ul Haq for Petitioners.
AL KARAM CNG and othersVS.FEDERATION OF PAKISTAN and others
Law: Income Tax Ordinance, 2001
Section: 156,147,159,169,170,234,235,147(1)(d),15 6(a),159(1),169(2)(a),234(a),235(3)
[Income Tax Ordinance (XLIX of 2001)]......Sections. 156A & 234A---Selling of petroleum products and running of CNG Station---Deduction of tax at source---Provision of Ss.156A and S.234A of Income Tax Ordinance, 2001---Scope Section 156A of the Income Tax Ordinance, 2001 provides that any person selling petroleum products to a petrol pump operator shall deduct tax from the amount of commission at the rate specified. The said tax deducted shall be the Final Tax on the Income arising from the sale of the Petroleum Products. Similarly, advance tax shall be collected on the amount of gas bill for Compressed Natural Gas Station. The tax collected shall be the Final Tax on the income of the CNG Station arising from the consumption of the GAS. Subsection 4 of section 234A further provides that taxpayer shall not be entitled to claim any adjustment of withholding tax collected or deducted under any head, during the tax year. (b) Income Tax Ordinance (XLIX of 2001) Ss. 169(2)(a), 156A &. 234A---Tax collected or deducted as final tax---If provisions of Ss.156A and 234A, Income Tax Ordinance, 2001 apply to a taxpayer, his income shall not be chargeable to tax under any head of income in computing the taxable income of the taxpayer. (c) Income Tax Ordinance (XLIX of 2001) S. 235---Electricity consumption---Collection of advance tax on the amount of electricity bill of commercial or industrial consumer---Scope---Such collection is not to be made from a person who produced a certificate of exemption form the Commissioner---Such a tax, in the case of a company is adjustable against tax liability. (d) Income Tax Ordinance (XLIX of 2001) Ss. 147(1)(d), 156A, 234A read with S.169(2)(a)---Constitution of Pakistan, Arts. 23, 24, 4 & 10A---Petroleum products---CNG Station--Advance tax paid by the taxpayer---Tax deducted as a final tax---Right of individuals to be dealt with in accordance with law---Protection of property rights---Sections 147(1)(d), 156A, 234A read with S.169(2)(a) of the Income Tax Ordinance, 2001 clearly show that once the taxpayer has discharged his liability of Final Tax he is not chargeable to tax under any head while computing his taxable…
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