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MESSRS TAPAL ENERGY LTD. versus FEDERATION OF PAKISTAN


Income Tax Ordinance 1979 Sections 52, 86, 50 (9), 9, 11, 24 (b), Second Schedule, CL 176 and Schedule I, Part I. Article E, subparagraph (ii), total (b), (c) Constitution of Pakistan (1973), Article 199 Applicant paying exemption income tax, failed to deduct tax at lower rate than required, applicant 'S revenue was exempt under CL. The Second Schedule to the Income Tax Ordinance, 1979, prohibited 176 applicants from paying taxes to non-resident contractors in connection with the construction, erection, testing, and contractual agreements between applicants and the federal government. Deduct Power plant issuers deduct tax deductions and deposit in contract according to the official rate The department makes the applicants liable for tax deductions as there is an 8 percent trunk contract, resulting in the applicants default. I was declared SC and the demand notice was issued for the correctness of proceedings for the applicant's income tax assessment process, such a default could not be initiated because the alleged default was not the Income Tax Ordinance 1979 Based on a statement filed under K5 143B of non-governmental residential contractors In the Income Tax Ordinance, the Department can review the facts, rights and responsibilities of the applicants. The expenses incurred under Section 24 (b) of the Income Tax Ordinance were to be made legally; the orders passed by the Department of 1979 were not considered to be valid and lawful orders and were dismissed by the High Court.

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