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Investment Tax Scheme 2008

Investment Tax Scheme 2008 legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2009 PTD 1491 LAHORE-HIGH-COURT-LAHORE Judicial Precedent
Income Tax Ordinance (XLIX of 2001), S.120-AC.B.R. Circular No.3 of 2008 dated 1-7-2008C.B.R. Circular No.7 of 2008 dated 19-7-2008C.B.R. Circular No.8 of 2008, dated 5-9-2008Investment Tax schemeApplicabilityScope

Investment Tax Scheme, 2008 which was made for allowing the undisclosed income by payment of tax thereon was "subject to the provisions of Income Tax Ordinance, 2001" which meant that said clause was not a non obstante clause

All the provisions of Income Tax Ordinance, 2001 shall remain intact while making any scheme

Investment scheme would not apply 'on the income which had not escaped assessment and was still subject-matter of the proceedings in some assessment

Phrase "but was not so charged" had made the position very clear

If an amount had already been charged or was subject to charge and the proceedings were pending in respect thereto, the Investment Tax Scheme, 2008 could not be extended on such income

Even if the Board had not issued C.B.R. Circular No.8 of 2008 dated 5-9-208, the Investment Tax Scheme, 2008, because of the definition of "undisclosed income" given therein, could not have been allowed in respect of the income for which department had already issued notices or that the same was in respect of an income which pertained to tax year 2008

Scheme had to remain within the parameters fixed by S.120-A, Income Tax Ordinance, 2001

Principles.

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Precedents & Case Laws citing "Investment Tax Scheme 2008"

PTD 2018
I.T.A. No.599/LB of 2018, decided on 23rd April, 2018.

2018 P T D (Trib

Messrs AL-RAHEEM TEXTILE PROCESSING, FAISALABAD Versus C.I.R., LYALLPUR ZONE, R.T.O., FAISALABAD

Court: Inland Revenue Appellate Tribunal
SCMR 2009
Civil Petition No. 1520 of 2008, decided on 6th March, 2009.

2009 S C M R 973

Messrs FAZAL DIN & SONS (PVT.) LTD. — Petitioner Versus FEDERAL BOARD OF REVENUE, ISLAMABAD and others — Respondents

Court: Supreme Court of Pakistan
PTD 2011
Complaint's Nos.275-279/LHR-IT(233-237)492-496/2010, decided on 28th June, 2010.

2011 PTD 1196

Sh. ZAFAR ABBAS and 4 others Versus SECRETARY, REVENUE DIVISION, ISLAMABAD

Court: Federal Tax Ombudsman
PTD 2009
N/A

2009 P T D 1491

RIZWAN AHMED Versus COMMISSIONER OF INCOME TAX, AUDIT DIVISION-II and 2 others

Court: Lahore High Court
PTD 2013
I.T.As. Nos. 391/KB to 394/KB of 2012, decided on 25th July, 2012.

2013 P T D (Trib

Messrs MUHAMMAD YASEEN Versus C.I.R., AUDIT ZONE-III, R.T.O.-III, KARACHI

Court: Inland Revenue Appellate Tribunal of Pakistan
PTD 2019
I.T.A. No.683/KB of 2018, decided on 22nd November, 2018.

2019 P T D (Trib

Messrs NIT INCOME FUND, KARACHI Versus The C.I.R., ZONE-I, C.R.T.O., KARACHI

Court: Inland Revenue Appellate Tribunal
PTD 2019
P.T.R. No.142 of 2009, decided on 12th September, 2019.

2019 P T D 2305

COMMISSIONER INCOME TAX Versus RIAZ BOTTLERS (PVT.) LTD.

Court: Lahore High Court
PLC 2010
Constitutional Petition No.D-2764 of 2009, decided on 12th May, 2010.

2010 P L C 306

Messrs MUTUAL FUNDS ASSOCIATION OF PAKISTAN (MUFAP) Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Government

Court: Karachi High Court
PTD 2013
I.T.As. Nos.853/IB and 960/IB of 2012, decided on 28th February, 2013.

2013 P T D (Trib

Messrs OVERSEAS PAKISTANIS FOUNDATION, ISLAMABAD Versus C.I.R., L.T.U., ISLAMABAD

Court: Inland Revenue Appellate Tribunal of Pakistan
PTD 2010
I.T.A. No.389/KB of 2010, decided on 22nd June, 2010.

2010 P T D (Trib

N/A

Court: Inland Revenue Appellate Tribunal of Pakistan