Case Details

Citation(s)
2025 SLG 4249 2025 SLD 4249
Supreme Court of Pakistan
C.P.L.A. 2845-L of 2022 (Against judgment dated 16.06.2022 passed by the Lahore High Court, Lahore in P.T.R. No.349/2010.)
PRESENT:                 MR. JUSTICE MUNIB AKHTAR                 MR. JUSTICE MUHAMMAD SHAFI SIDDIQUI                 MR. JUSTICE MIANGUL HASSAN AURANGZEB
For the Petitioner         : Mr. Ahmed Pervaiz, ASC (via video-link, Lahore)          For the
Respondent     : Mr. Muhammad Shoaib Rashid, ASC (via video-link, Lahore)          Date of Hearing    : 03.10.2025       

Commissioner Inland Revenue, Lahore             … Petitioner

VS

M/s Coca Cola Pakistan Limited, Lahore          … Respondent

Law: Income Tax Ordinance, 2001

Section: 21(c), 153(1)(b), 161, 163

Tagline : Income Tax Ordinance, 2001: application of s.153.

This order concerns a tax dispute regarding the applicability of withholding tax under Section 153 of the Income Tax Ordinance, 2001, on an alleged payment labeled as "royalty" by the taxpayer (a Coca-Cola distributor) to its customer (McDonald's) through a rebate for exclusivity. The key issue was whether the rebate amount of Rs. 7,893,898 required withholding tax deduction as a payment for services.

Summary

The Department claimed the rebate was a payment for "advertising services" by McDonald's and thus subject to withholding tax under Section 153(1)(b). However, the court refused leave to appeal against the High Court decision that the rebate was not an actual payment from the taxpayer to the customer but merely a price discount. The law requires an actual payment for Section 153(1)(b) withholding tax to apply, which was absent here. Consequently, the provision did not apply, and the taxpayer was correct in not deducting tax.

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