Law: Income Tax Ordinance, 2001

Section: 2(13AB), 113, 122(5), 177

Income Tax Ordinance (XLIX of 2001)---

----Ss. 2(13AB), 113, 122(5) & 177---Consumer goods---Turnover--Determination---Amendment of assessment---Tax liability, demand of---Fast Moving Consumer Goods (FMCG)---Packing material---Authorities revised the assessment of respondent / taxpayer considering packing material as consumer goods for the use of end user---Validity---Products in question were primarily used as a material for packing other products for various consumer goods and were not typically sold directly to consumers as a stand-alone product---Consumer could buy products packed in such films but would not typically purchase goods in question---Subject goods in their form as described in orders of lower fora were utilizable predominantly by end consumers---These were not directly considered as consumer items but had formed a key component for many consumer products and were meant primarily for an industrial / commercial use---Fast Moving Consumer Goods were those which were supplied in retail market as per "their" daily demand and did not qualify to form part of definition provided in section 2 (13AB) and (22A) of Income Tax Ordinance, 2001---Insertion of phase 'durable' which excludes such product was additionally applied for tax return in question---All such products described as durable were excluded via Finance Act, 2017---Supreme Court set aside judgment passed by High Court---Appeal was allowed.