LHC orders suitable amendments in Income Tax Ordinance 2001

LAHORE, Nov 15 (APP):The Lahore High Court (LHC) has ordered suitable amendments in Income Tax Ordinance 2001 after holding that it was unconstitutional to collect an unadjustable advance income tax from a person who was not liable to pay income tax or file income tax return.

The court observed that advance tax could not be levied on a person who did not fall in the bracket of taxable.

Justice Shahid Jamil Khan passed the orders on 22 petitions filed by Rao Tariq Islam and others challenging advance income tax on functions held at marriage halls and mobile phone services, says a written order released here on Tuesday.

The court referred the petitions to Chairman Federal Board of Revenue after converting them into representations and ordered to do needful within 90 days after consultation with the attorney general for Pakistan, besides seeking a report. The court further observed that till the decision, interim relief already granted to the petitioners would continue.

The petitioners had challenged the amendment in Section 236D of the Income Tax ordinance, 2001, introduced through Finance Act 2018, whereby advance income tax was imposed on holding functions at marriage halls and mobile phone services.