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LHC upholds legality of super tax, reduces rate to 4%

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In a significant ruling, the Lahore High Court on Tuesday upheld the legality of the super tax that was imposed by the federal government last year.

The court’s decision comes in response to several petitions filed against the tax’s enforcement. Over 350 petitioners approached the court following the implementation of the super tax by the government in the year 2022.

Justice Jawad Hassan of the Lahore High Court had reserved judgement on the petitions on April 12 and pronounced it Tuesday. In his ruling, Justice Jawad Hassan affirmed the legality of the super tax. However, the court reduced the rate of the super tax from 10 percent to 4 percent on 16 sectors, including banking. The petitions were opposed by representatives of the federal government and the Federal Board of Revenue.

The petitioners argued that the super tax was enforced under section 4C of the Income Tax Ordinance in the Finance Act 2022. They contended that the super tax could not be applied retrospectively to the year 2022, and that its imposition for the previous period was an unlawful act.

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