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AL-WARIS TRADERS versus FEDERATION OF PAKISTAN


The plaintiff sought this declaration by the effect of the payment of advance income tax for the declaration of the Income Tax Ordinance 1979 Section 50 (7A), 80 C&162 Special Relief Act (of 1877), Articles 42 and 54, and permanent injunction. It was not like that. Section 50 (7A) of the Income Tax Ordinance 1979 is obliged to pay any advance income tax, since such obligation was solely on the plaintiff corporation, the further claim of the plaintiff was that between the plaintiff and the plaintiff corporation. The specific clause of the contract that was binding was to pay the advance taxpayer the plaintiff in accordance with the principle of jurisdiction, illegal, revocable and unenforceable provisions of section 50 (7A) of the Income Tax Ordinance, 1979 Advance tax has to be paid by the government buyer. The property which was to be determined on a fixed rate and such property was to be deposited to the seller and finally to be deposited with the state treasury, the purchase of public property, payment of advance income tax and income tax In the absence of any provision of the Ordinance 1979, the Authority was prohibited from demanding tax which was payable as a matter of law; the Assistant Commissioner of Advance Tax was entitled to advance income tax by the plaintiff. From the obligation to pay and demand / not violate any clause of the law by the claimant Due to, the suit filed by the plaintiff was not workable

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