Customs Today
  • Home
  • Islamabad
  • Karachi
  • Lahore
  • National
  • Transfers and Postings
  • Chambers & Associations
  • Business
No Result
View All Result
Customs Today
  • Home
  • Islamabad
  • Karachi
  • Lahore
  • National
  • Transfers and Postings
  • Chambers & Associations
  • Business
No Result
View All Result
Customs Today
No Result
View All Result
Home Breaking News

Peshawar High Court strikes down Section 7E of Income Tax Ordinance 2001

byCT Report
15/02/2024
in Breaking News, Latest News, National, Slider News
Share on FacebookShare on Twitter

PESHAWAR: The Peshawar High Court (PHC) has struck down Section 7E of the Income Tax Ordinance, 2001, terming it beyond the legislative competence of the Parliament.

The decision, delivered by a division bench, holds that the Parliament has no jurisdiction to impose income tax specifically on immovable property.

You might also like

Goods transport body announces 5pc raise in fares after fuel price hike

01/05/2026

Govt announces reduction in jet fuel, kerosene prices

01/05/2026

The crux of the matter revolves around Entry No. 50 of the Fourth Schedule to the Constitution, which, according to the PHC, limits the Parliament’s authority to tax the Capital Value of Assets. The court clarified that “capital value of assets” encompasses an inseparable complete whole of the property, both movable and immovable.

d2022, lacked compliance with the test of capital value of assets. The court concluded that the imposition of taxes on immovable property through a deeming clause, as per the impugned legislation, exceeded the legislative competence of the Parliament.

The division bench resolved the petition filed by Latif Hakeem and several others who challenged the insertion of Section 7E into the Income Tax Ordinance, 2001, through the Finance Act, 2022.

Section 7E, as contested by the petitioners, stipulates that, for the tax year 2022 and onward, a resident person shall be treated as having derived income chargeable to tax, equivalent to 5% of the fair market value of the capital assets situated in Pakistan, chargeable to tax at a rate of 20%.

The challenges to the legislation were based on three primary grounds: the alleged legislative incompetence of the Parliament, claims of discrimination, and accusations of being confiscatory.

The petitioners’ counsel argued that the right to hold property is a fundamental right of every citizen of Pakistan and that the impugned legislation directly affects this right by subjecting non-income-producing property to taxation. The counsel contended that Parliament lacks the power, under Entry No. 47 of the Fourth Schedule to the Constitution, to legislate on this subject.

Referring to a judgment by the Lahore High Court in Constitutional Petition No. 5255912022 dated 06.04.2023, the counsel asserted that, post the 18th amendment to the Constitution, Parliament is without jurisdiction to tax immovable property in any form. Additionally, it was argued that no tax can be levied through a deeming provision unless there is an event of taxation tied to income, as outlined in the Ordinance.

In summary, the Peshawar High Court’s decision has not only nullified Section 7E but has also underscored the importance of adherence to constitutional provisions when legislating on matters of taxation. This ruling sets a precedent for the protection of citizens’ property rights and reinforces the limits of parliamentary authority in imposing taxes.

Related Stories

Goods transport body announces 5pc raise in fares after fuel price hike

byCT Report
01/05/2026

ISLAMABAD: Pakistan Goods Transport Alliance President Malik Shahzad Awan has expressed strong reaction to the increase in the prices of...

Govt announces reduction in jet fuel, kerosene prices

byCT Report
01/05/2026

ISLAMABAD: The government has announced a reduction in jet fuel and kerosene prices, in contrast to an increase in petrol...

Pakistani ship carrying 80 million liters of diesel crosses Strait of Hormuz

byCT Report
01/05/2026

KARACHI: A Pakistani oil tanker carrying 80 million litres of diesel has successfully crossed the Strait of Hormuz and entered...

Aurangzeb reaffirms commitment to fostering collaborative environment with businessmen

byCT Report
01/05/2026

ISLAMABAD: Federal Minister for Finance and Revenue, Senator Muhammad Aurangzeb reaffirmed the government’s commitment to fostering a collaborative and consultative...

Next Post

Pakistan’s imports from Iran increase by 25pc in January

  • Terms and Conditions
  • Disclaimer

© 2011 Customs Today -World's first newspaper on customs. Customs Today.

No Result
View All Result
  • Transfers and Postings
  • Latest News
  • Karachi
  • Islamabad
  • Lahore
  • National
  • Chambers & Associations
  • Business
  • About Us

© 2011 Customs Today -World's first newspaper on customs. Customs Today.