Fiscal Legislation
Fiscal Legislation legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
"Tax" was a compulsory exaction of money by a public authority for public purposes, whereas a "fee" was a quid pro quo, and a recompense for services rendered
Distinction between a tax and the fee lay primarily in the fact that a tax was levied as a part of a common burden, while a fee was a payment for a special benefit or privilege
"Tax" was levied to raise funds for meeting the "necessary expenses" of the State, therefore, a "tax" was not co-related to services rendered or special benefit or privilege conferred on the taxpayer and accordingly the taxpayer was sharing/discharging his obligation under a common burden without being a beneficiary of a corresponding benefit, whereas in contrast, a fee was not part of the common burden but was payment made in lieu of a benefit, service or privilege by the payer of such fee
Under Art.73(2) of the Constitution, a financial charge that neither fell within the ambit of the Federal Consolidated Fund or the Public Account of the Federation, could not fall within the scope of a "Money Bill".
"Tax" was a compulsory exaction of money by a public authority for public purposes, whereas a "fee" was a quid pro quo, and a recompense for services rendered
Distinction between a tax and the fee lay primarily in the fact that a tax was levied as a part of a common burden, while a fee was a payment for a special benefit or privilege
"Tax" was levied to raise funds for meeting the "necessary expenses" of the State, therefore, a "tax" was not co-related to services rendered or special benefit or privilege conferred on the taxpayer and accordingly the taxpayer was sharing/discharging his obligation under a common burden without being a beneficiary of a corresponding benefit, whereas in contrast, a fee was not part of the common burden but was payment made in lieu of a benefit, service or privilege by the payer of such fee
Under Art.73(2) of the Constitution, a financial charge that neither fell within the ambit of the Federal Consolidated Fund or the Public Account of the Federation, could not fall within the scope of a "Money Bill"
Power to impose a tax and to impose tax retrospectively rests with Legislature, which can exercise such power at any time unless prohibited by the Constitution.
Construction should be beneficial.
Fiscal Legislation Fiscal Legislation-Principle of The principle of all fiscal legislation is that if the person sought to be .taxed comes within the letter of the law, he must be taxed, however great the hardship may appear to the judicial mind to be. On the other hand if the Crown, seeking to recover the tai, cannot bring the subject within the letter of the law, the subject is free, however apparently within the spirit of the law, the case might otherwise appear to be.
"Fiscal Legislation", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/21832
Precedents & Case Laws citing "Fiscal Legislation"
1993CLC66
and others‑‑‑Petitioners Versus AZAD GOVERNMENT OF THE STATE OF JAMMU & KASHMIR
Court: And Jammu and Kashmir2004 P L C (C
Mst. RIFFAT NAHEED, LADY MEDICAL TECHNICIAN Versus DISTRICT HEALTH OFFICER, BAHAWALPUR and 2 others
Court: Lahore High CourtP L D 1956 (W
Messrs. EBRAHIM PAPER MART LTD. — ‑Petitioner Versus THE ASSISTANT COLLECTOR OF CUSTOMS — Respondent
Court:2000 P T D 2609
DEPUTY COMMISSIONER OF INCOME-TAX and others Versus CENTRAL CONCRETE AND ALLIED PRODUCTS LIMITED and another
Court: 236 I T R 595P L D 1966 (W
KARACHI MUNICIPAL CORPORATION‑Plaintiffs Versus MESSRS MUHAMMAD ALI SHAIKH ISMAILJI & Sorts‑Defendants
Court:2019 P L C (C
SHAUKAT ALI KHAN Versus FEDERATION OF PAKISTAN through Secretary and 5 others
Court: Lahore High Court (Multan Bench)1995 P T D 368
M. MOHAN SHET Versus STATE OF KARNATAKA and others
Court: 206 I T R 1741998 P T D 1558
COMMISSIONER OF INCOME-TAX Versus M.K. VAIDYA
Court: 224 I T R 1862025 P T D 10
SURFACTANT CHEMICAL COMPANY (PVT.) LTD. through Authorized Officer Versus FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Islamabad and 5 others
Court: Sindh High Court1993 P T D 500
COMMISSIONER OF WEALTH TAX Versus BOWRING INSTITUTE
Court: 194 I T R 287