Case Details

Citation(s)
2025 SLG 5097 2025 SLD 5097 = 2025 LHC 6423
Lahore High Court
ITR No.68485 of 2024
PRESENT; (ABID AZIZ SHEIKH) JUDGE       (MALIK JAVID IQBAL WAINS) JUDGE
Date of hearing: 17.09.2025 Applicant-taxpayer by: M/s. Shahbaz Butt, Khurram Shahbaz Butt and Ch. Muhammad Ishfaq, Advocates.
Respondent-department by M/s. Mahum Shahzad and Abdul Qayyum, Advocates.

Khawaja Muhammad Siddique

VS

. The commissioner Inland Revenue, Lahore, etc.

Law: Income Tax Ordinance, 2001

Section: 113(1), 120, 133, 122-5(A), 2-43(A)

Law: Sales Tax Act, 1990

Section:

TAGLINE

“Proviso to Clause 24D can restrict only Tier-1 retailers—not distributors, dealers or wholesalers; reduced minimum tax rate of 0.25% allowed where the main clause applies.”

 SUMMARY OF THE JUDGMENT

Background

  • The taxpayer filed a return for Tax Year 2022 and applied reduced minimum tax @ 0.25% under Clause 24D, Part-II, Second Schedule of the Income Tax Ordinance, 2001.
  • The department amended the assessment under Section 122(5A), applying 1.25% minimum tax.
  • Tribunal upheld the department’s order on the basis that the taxpayer was not a Tier-1 retailer, and therefore could not claim the reduced rate.

Key Issue

Whether the taxpayer—dealer of fertilizers—must be a Tier-1 retailer to avail the benefit of reduced minimum tax u/s Clause 24D.

Court’s Findings

Clause 24D extends the concessional rate 0.25% to:

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