Tax
Tax legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Distinction.
Meaning. Webster's Unabridged Dictionary of English Language; Black's Law Dictionary, 5th Edn.; The Oxford Dictionary Fourth Edn. and Ahmad Khan v. The Chief Justice and the Judges of the High Court, West Pakistan, through the Registrar, High Court of West Pakistan, Lahore and 2 others PLD 1968 SC 171 ref.
Tax" and "fee" and distinction.
In the case of a fee, it is the special benefit or privilege accruing to an individual which is the reason for its payment, whereas in case of a tax the particular advantage, if the same exists at all, is an incidental result of a State action
Prohibition levied by a statute amounts to a fee or tax will always be a question of fact to be determined in the circumstances of each case.
Tax is levied as part of a common burden whereas fee is levied because of certain benefits derived by the person on whom it is levied.
Distinction.
Distinction.
Distinction.
While imposition of a tax being essentially a burden, and having no element of any quid pro quo, charge of "fees" must be co-relative with rendition of some services which need neither be commensurate with an advantage to the person charged, nor necessarily uniform.
Tax, held, was a rate or sum of money assessed on person or property of-citizen by Government for use of the nation or State
Tax was compulsory exaction of money by public authority for public purposes enforceable by law and was contribution imposed by Government on individuals for services of the State.
"Tax", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/1406
Precedents & Case Laws citing "Tax"
1971 S C M R 134
MESSRS Haji NAZIMUDDIN MD. AMANULLAH AND OTHERS‑Petitioners Versus THE COMMISSIONER OF SALES TAX, DACCA ZONE, DACCA‑Respondent
Court: Sales Tax Act (III of 1951), S. 5 (1) read with Income‑tax Act (XI of 1922), S. 2 (7) as amended‑Person appointed as "Examin ing Officer" under Income‑tax Act, 1922‑A Sales Tax Officer as well under Sales Tax Act, 1951.1971 P T D 182
MESSRS Haji NAZIMUDDIN MD. AMANULLAH AND OTHERS‑Petitioners Versus THE COMMISSIONER OF SALES TAX, DACCA ZONE, DACCA‑Respondent
Court: Supreme Court Pakistan2015 P T D 545
COMMISSIONER OF WEALTH TAX, RAWALPINDI — Appellant Versus Mrs. NAHEED MUJTABA — Respondent
Court: Lahore High Court1998 P T D (Trib
N/A
Court: Income-tax Appellate Tribunal Pakistan2023 P T D 320
The COMMISSIONER INLAND REVENUE, KARACHI Versus Messrs ATTOCK CEMENT PAKISTAN LIMITED, KARACHI
Court: Supreme Court of Pakistan2023 S C M R 279
The COMMISSIONER, INLAND REVENUE, KARACHI — Appellant Versus Messrs ATTOCK CEMENT PAKISTAN LIMITED, KARACHI — Respondent
Court: Supreme Court of Pakistan2003 P T D (Trib
N/A
Court: Income‑tax Appellate Tribunal Pakistan2004 P T D (Trib
N/A
Court: Income‑tax Appellate Tribunal Pakistan2025 P T D 1364
Messrs PAKISTAN TELECOMMUNICATION AUTHORITY through Director (Budget and Accounts) and others Versus FEDERATION OF PAKISTAN for the purpose of service through Chairman Federal Board of Revenue, Islamabad and 3 others
Court: Islamabad High Court2015 P T D 863
COMMISSIONER INLAND REVENUE Versus Messrs PEPCO PAKISTAN.
Court: Lahore High Court