ISLAMABAD: Islamabad High Court heard couple of important tax matters during third week of January and adjourned hearing to coming dates.
M/s Biofo Industries, M/s Hasas Engineering and Construction Company Private Limited and M/s Pakistan Tobacco Company Limited had filed these cases.
IHC single bench comprising Justice Aamer Farooq and division bench comprising Justice Athar Minallah and Justice Miangul Hassan Aurengzeb heard the cases. Justice Farooq heard the case filed by M/s Biofo Industries.
The company had challenged a recovery notice claiming Rs 783,325,701, as outstanding tax amount. The bench adjourned hearing of the matter.
M/s Biafo Industries had filed the case challenging a show cause notice issued by the Large Taxpayers Unit, Islamabad.
M/s Biafo Industries had named Federal Board of Revenue (FBR), officers of LTU including commissioner Inland Revenue, and others as respondent in the case.
Hearing on M/s Hasas Engineering and Construction Company Private Limited’s case was also adjourned by Justice Aamer Farooq.
Justice Aamer Farooq heard the case and adjourned after Large Taxpayers’ Unit submitted detailed reply over issuance of show cause notice to appellant.
M/s Hasas Engineering and Construction Company Private Limited had filed the reference in which the company had challenged a show cause notice issued by the Large Taxpayers Unit, Islamabad.
A division bench of Islamabad High Court adjourned hearing of a tax matter challenging issuance of recovery under ‘super tax regime 2015’.
M/s Pakistan Tobacco Company Limited had filed the case which was heard by IHC division bench comprising Justice Athar Minallah and Justice Miangul Hassan Aurengzeb for the second time.
The bench adjourned hearing of the matter for further arguments. Earlier this case was heard by a single bench of IHC, The appellant had approached the court challenging the previously given decision.
Through the petition, M/s Pakistan Tobacco Company Limited had challenged imposition of ‘super tax regime 2015.’
M/s Pakistan Tobacco Company Limited had filed the petition challenging collection of “super tax” against the formulated terms and conditions.
Super tax is being imposed for collecting funds for rehabilitation of temporarily displaced persons under provisions of Income Tax Ordinance, 2001 after inserting section 4-B of Finance Act, 2015 in the Income Tax Ordinance, 2001.
The petition has challenged super tax imposition stating that double tax was being charged under section 4-B of Finance Act, 2015 as the Federal Board of Revenue was using the said section (4-B) of Finance Act, 2015 for charging of Super Tax separately under Income Tax Ordinance, 2001. Hence, the section was being used to charge tax twice, petitioner stated.
M/s Pakistan Tobacco Company Limited also submitted before the court that super tax should be imposed on rich people only under particular division, 11A, of first schedule on income of every person specified in ‘sold division.’
“The tax is being imposed on taxpayers under section 4-B, which itself is charging section, hence, under this provision it cannot be charged twice”, M/s Pakistan Tobacco Company Limited stated.
M/s Pakistan Tobacco Company Limited had filed the case against officers of ministry of finance (MoF) and Federal Board of Revenue (FBR).
Commissioner Inland Revenue (Audit) additional commissioner Inland Revenue (Audit) and deputy commissioner Inland Revenue (Audit), Large Taxpayers’ Unit was made respondents in the case.
