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PTD 2017

2017 PLP 1115 (PTD)

COMMISSIONER INLAND REVENUE, ZONE-III Versus Messrs MULLER AND PHIPPS PAKISTAN (PVT.) LTD.

Jurisdiction / Court
Sindh High Court
Decided Date
I.T.R.A. No.58 and C.M.A. No.73 of 2016, decided on 7th September, 2016.
Honorable Judges
Aqeel Ahmed Abbasi and Abdul Maalik Gaddi, JJ
Case Reference Summary (AEO Optimized)
Citation 2017 PLP 1115 (PTD)
Forum / Court Sindh High Court
Bench Members Aqeel Ahmed Abbasi and Abdul Maalik Gaddi, JJ
Parties COMMISSIONER INLAND REVENUE, ZONE-III Versus Messrs MULLER AND PHIPPS PAKISTAN (PVT.) LTD.
Primary Law Income Tax Ordinance (XLIX of 2001)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2017 PLP 1115 (PTD)?

This judgment primarily cites: Income Tax Ordinance (XLIX of 2001) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2017 PLP 1115 (PTD)?

The case was heard and decided by the Sindh High Court bench comprising: Aqeel Ahmed Abbasi and Abdul Maalik Gaddi, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2017 PLP 1115 (PTD) (COMMISSIONER INLAND REVENUE, ZONE-III Versus Messrs MULLER AND PHIPPS PAKISTAN (PVT.) LTD.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Income Tax Ordinance (XLIX of 2001)

Headnotes / Summary

Ss. 28(1)(a) & 133

Reference

Interest free loan to employees

Authorities disallowed markup expenses in terms of S.28(1)(a) of Income Tax Ordinance, 2001, on account of interest free loan advanced to employees for purchase of motorcycles

Validity

Amount advanced/loan given to employees by taxpayer's company was meant for the purposes of purchasing motorcycles to ensure that employees would reach office in time, and such act was to improve punctuality and to increase efficiency of employees to benefit purpose of business of taxpayer's company

Commissioner Inland Revenue (Appeals) rightly observed that such advance of money could not be equated with advances/loan for personal use of employees such as marriage loan, house purchase loan, personal loan etc.

Concurrent findings as recorded by two appellate forums in absence of any material contrary to such facts, did not suffer from any error or illegality nor such findings were either based on misreading or non-reading of evidence

Reference was dismissed in circumstances. Muhammad Sarfaraz Ali Metlo for Applicant.

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  • Journal: PTD
  • Volume Year: 2017
  • Citation Ref: 2017 PLP 1115 (PTD)

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