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Supreme Court Presses Super Tax Case, Adjourns to Thursday as Bench Probes Double Taxation

The court is accelerating arguments to clear its docket ahead of constitutional challenges to the 26th Amendment set for October 7.

Overview

  • A five-member constitutional bench led by Justice Aminuddin Khan continued hearings on petitions against the super tax under Section 4C and questioned whether it can lawfully apply to already taxed income.
  • Advocate Farogh Naseem argued that the statute does not describe the levy as an additional tax, warned against double taxation, and will resume his submissions on Thursday.
  • Counsel Shehzad Ata Elahi concluded his arguments on predictability in taxation, while Salman Akram Raja requested brief time at a later sitting to address a specific point.
  • Justices raised concerns about the levy’s downstream impact on ordinary consumers and on provident fund beneficiaries, with queries on how deductions and advance calculations would work.
  • FBR defended Parliament’s authority to impose the levy and noted the Lahore High Court upheld Section 4C’s legality while reducing rates to 4% for 16 sectors.