The Islamabad High Court has recently released a judgment on super tax imposed under section 4C of the Income Tax Ordinance, 2001 and has declared it unconstitutional for being inconsistent with the Fundamental Rights stipulated in the Constitution.
The judgment is unique and unprecedented in terms of format and writing. It has a list of contents at the outset. It has been divided into different topics and each topic has a separate section, heading and sub-headings. The submissions of the counsels have also been referred to in a unique way, responding each of them separately.
The judgment reads down section 4c of the ITO on many grounds but fundamental rights are the pivot of them which bound the Court to declare the said section as ultra vires the Constitution.IHC Super Tax Judgment