ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

C.P.No.D-5476 of 2020

DATE

ORDER WITH SIGNATURE OF JUDGE.

PRESENT:

Mr. Justice Aqeel Ahmed Abbasi

Justice Mrs. Rashida Asad

1. For hearing of CMA No. 23347/2020.

2. For hearing of main case.

07.12.2020

Mr. Nasir Latif Khan, Advocate for Petitioner

Mr. Muhammad Aminullah Siddiqui, Assistant Attorney General.

-.-.-.-.-.-.

O R D E R

Aqeel Ahmed Abbasi, J.- Pursuant to Court’s Notice, Mr. Touqeer Ahmed Seehar, Advocate has shown appearance, filed vakalatnama on behalf of respondents, which is taken on record. Counsel for the petitioner, at the very outset, submits that through instant petition, levy of Super Tax under Section 4B of the Income Tax Ordinance, 2001 imposed through Finance Act, 2015, has already been decided by a Division Bench of this Court in C.P No.D-1849/2016 & others vide Judgment dated 21.07.2020, therefore, submits that instant petition can be disposed of in similar terms. Accordingly, by consent the instant petition is disposed of in terms of Para-17, which reads as under:-

(a) The Super Tax imposed under Section 4B of the Income Tax Ordinance, 2001 through Finance Act 2015 along with Money Bill possess the characteristics of a tax, for being a compulsory exaction of money by public authority for the purposes of general revenue, whereas, the amount to tax so charged goes to Federal Consolidated Fund, therefore, has been rightly introduced under Article 73(2)(a) of the Constitution of the Islamic Republic of Pakistan, 1973, hence intra-vires to the Constitution;

(b) The Super Tax imposed under Section 4B of the Income Tax Ordinance 2001, through Finance Act 2015, along with Money Bill is an additional tax on income covered under Entry 47 of the IV Schedule to the Constitution “taxes on income”, and does not amount to double taxation, therefore, falls within the legislative competence of the National Assembly to impose, abolish, remit, alter or regulate a tax, through Finance Act along with Money Bill under Article 73 (2)(a) of the Constitution of the Islamic Republic of Pakistan, 1973, hence intra-vires to the Constitution;

(c) The Super Tax imposed under Section 4B of the Income Tax Ordinance, 2001 through Finance Act, 2001 along with Money Bill is not violative of the Article 25 of the Constitution of the Islamic Republic of Pakistan, 1973 as it is neither discriminatory nor creates any unreasonable classification amongst the same class of person upon whom its charge has been created, while applying the common burden through uniform rate of tax upon Banking Companies @ 4% of the income, and person other than Banking Company, having income equal to or exceeding Rs.500 Million @ 3% of the income.

(d) The Super Tax imposed under Section 4B of the Income Tax Ordinance, 2001 through Finance Act 2015 along with Money Bill, is not a fee as there is no element of quid pro quo, nor the amount of Super Tax is charged as consideration for rendering any services to its payer in any manner.

The petition stands disposed of in the aforesaid terms.

JUDGE

Farhan/PS