Law:

Section: 4, 4C, 4C(1), 4C(2), 37A, 53, 65E, 113, 113C, 114, 120, 171, 171(1)

    Brief Facts   1.    Background M/s Service Sales Corporation (Pvt) Ltd. challenged the order dated 25.02.2026 of the AC/DCIR charging Super Tax of Rs. 24,956,446/- under Section 4C of the Income Tax Ordinance, 2001, and the order dated 10.04.2026 of the CIR(A) confirming the same. 2. Assessment The taxpayer filed its return declaring income of Rs. 623,480,099/- (deemed assessment u/s 120). The assessing officer, after show-cause notice and reminders (no proper reply received), charged Super Tax @ 10% on income of Rs. 623,911,141/- computed after adding business income, other sources, dividend, imputable income and property income, and deducting WWF. 3. Taxpayer’s Grounds Lack of valid delegation u/s 210. Violation of natural justice and order passed on a non-fixed date. Super Tax levied without determination of income u/s 4C(2)/122. Tax credit u/s 65E and available refund not allowed against Super Tax liability. 4. CIR(A) Decision Appeal rejected. Jurisdictional objection held to be an afterthought; sufficient opportunity given; replies mainly legal in nature and settled by higher courts; order on non-fixed date held valid per 1975 PTD 58. 5. Tribunal Findings Constitutionality and chargeability of Section 4C for TY 2022 upheld by Federal Constitutional Court (C.A. 1243/2020 dated 27.01.2026). Super Tax is a standalone tax. No right to adjust tax credit u/s 65E against Super Tax. Refund cannot be adjusted without formal determination u/s 170 (Supreme Court in Hamid Ashraf). Procedural objections correctly rejected by CIR(A). 6. Final Decision Appeal and stay application dismissed. Orders of assessing officer and CIR(A) upheld.  ORDER   Zahid Sikandar (Member): The titled income tax appeal alongwith miscellaneous application for stay pertaining to tax year 2022 has been preferred at the instance of the taxpayer assailing the assessment order dated 25.02.2026 u/s 4C of the Income Tax Ordinance, 2001 (hereinafter referred as "ITO") passed by AC/DCIR Range-III, Unit-V, Zone-III LTO, Lahore (hereinafter called the 'assessing officer') and appellate order dated 10.04.2026 thereto passed by the…