Islamabad High Court (IHC) halts implementation of a 40% windfall tax on banks' profits

 

Islamabad High Court (IHC) halts implementation of a 40% windfall tax on banks' profits

The Islamabad High Court (IHC) has temporarily halted the implementation of a 40% windfall tax on banks' profits from foreign exchange transactions over the past two years. This suspension, effective until December 8, responds to a statutory regulatory order (SRO) linked to Section 99D of the Income Tax Ordinance 2021, introduced through the Finance Act 2023.

The Prime Minister’s Office (PMO) clarified that the cabinet had approved the Federal Board of Revenue’s (FBR) proposal. This decision was prompted by the government's concern about significant profits, estimated at Rs110 billion, earned by banks in 2021 and 2022 through speculative rupee-dollar trading.

 

Pakistan imposes 40% tax on banks' windfall profits from forex transactions



Contrary to analysts’ expectations, the potential implementation of the windfall tax could generate over Rs40 billion in government revenue.

Justice Sardar Ejaz Ishaq Khan of the IHC issued notices for the upcoming hearing to the revenue division secretary and others. The court’s decision followed a writ petition from Askari Bank Ltd against the November 21 SRO, which mandated a 40% tax on banks' windfall income based on a specified formula.

During the proceedings, the FBR’s lawyer argued that the legislation would remain in effect until declared otherwise. However, the judge acknowledged the petitioner’s argument that interim relief was sought specifically concerning the SRO—an executive act, not legislation.

 

Proposed tax on forex exchange income to reduce banks’ profits up to 11%



As a result, Justice Khan ordered, “The foregoing submissions, therefore, demonstrate not only a prima facie case but also that the ingredients of the balance of convenience and irreparable loss operate in favour of the petitioner. Resultantly, the operation of the impugned SRO shall remain suspended till the next date of hearing.”

Source: Profit Pakistan

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