| Case ID |
2e118aab-9001-4b74-a8ed-d86206b889a6 |
| Body |
View case body. Login to View |
| Case Number |
W.P. No. 12283 of 2020 |
| Decision Date |
Mar 09, 2020 |
| Hearing Date |
Mar 09, 2020 |
| Decision |
The Lahore High Court ruled against the petitioner, NATIONAL POWER PARKS MANAGEMENT COMPANY (PVT.) LTD., by dismissing their constitutional petition. The court found that the Federal Board of Revenue had the jurisdiction to reject the advance tax estimate submitted by the petitioner based on the provisions of the Income Tax Ordinance, 2001, particularly section 147. The court emphasized that the advance tax liability must be computed in accordance with the prescribed formula, and the rejection of the estimate was justified given the lack of adequate documentary evidence from the petitioner. The court stated that any claims regarding tax credits would need to be resolved through the appropriate legal channels and could not delay the recovery of due advance tax payments. |
| Summary |
This case revolves around the rejection of advance tax estimates submitted by NATIONAL POWER PARKS MANAGEMENT COMPANY under the Income Tax Ordinance, 2001. The Lahore High Court, presided by Justice ASIM HAFEEZ, ruled that the Federal Board of Revenue acted within its jurisdiction when it rejected the petitioner's tax estimates on the grounds that they did not meet the necessary requirements as outlined in the law. The court highlighted the importance of adhering to the statutory provisions regarding advance tax computations, reinforcing the principle that taxpayers must provide sufficient evidence to support their claims. The decision underscores the legal framework governing tax assessments and the responsibilities of taxpayers to comply with established regulations. |
| Court |
Lahore High Court
|
| Entities Involved |
FEDERAL BOARD OF REVENUE,
NATIONAL POWER PARKS MANAGEMENT COMPANY (PVT.) LTD.
|
| Judges |
ASIM HAFEEZ
|
| Lawyers |
Munawar-us-Salam,
Shoaib Rashid,
Muhammad Yahya Johar,
Usman Rathore
|
| Petitioners |
NATIONAL POWER PARKS MANAGEMENT COMPANY (PVT.) LTD.
|
| Respondents |
FEDERAL BOARD OF REVENUE AND OTHERS
|
| Citations |
2020 SLD 844,
2020 PTD 1001,
(2020) 122 TAX 305
|
| Other Citations |
1993 PTD 343,
2005 PTD 833,
2010 PTD 2502,
2012 PTD 1003,
2018 PTD 719,
1974 (2) Tax 212,
1992 PTD 523,
1993 SCMR 39,
2001 PTD 1180,
2002 PTD 877,
2006 PTD 333,
2008 PTD 877,
2011 PTD 647,
2019 SCMR 1081,
1993 SCMR 1810,
PLD 1992 SC 847,
2015 PTD 863,
2009 PTD 1473,
2017 PTD 1774
|
| Laws Involved |
Income Tax Ordinance, 2001,
Income Tax Rules, 2002
|
| Sections |
122(5A),
120,
53,
140,
127,
210,
147,
137,
65D,
147(1),
147(4),
147(6),
168,
205(1B),
113A,
147(A),
147(B),
147(7),
Part-II of Chapter X,
15B
|