18/08/2026
The case F.C.P.L.A. Nos. 1276 & 1277 of 2026 was decided by the Federal Constitutional Court of Pakistan on 30 June 2026. The main issue before the Court was whether Super Tax payable under Section 4C of the Income Tax Ordinance, 2001 could be adjusted against tax credit available under Section 168. The Court answered this question in the affirmative.
The petitioner, CM Pak Limited, had approximately Rs. 2.212 billions of excess tax deducted at source relating to Tax Year 2022. The company requested FBR to adjust this available tax credit against its Super Tax liability under Section 4C. FBR refused the adjustment, and the Islamabad High Court also dismissed the company's petitions. The matter was therefore brought before the Federal Constitutional Court.
The Court mainly relied on Section 4C(3), which provides that Super Tax shall be paid, collected and deposited in the manner specified under Section 137 and that all provisions of Chapter X of the Income Tax Ordinance shall apply. Since Section 168 is part of Chapter X and provides a tax credit for tax collected or deducted, the Court held that Section 168 cannot be excluded from the Super Tax regime. In simple words, when Section 4C says that all provisions of Chapter X apply, the tax-credit mechanism under Section 168 also applies.
The Court also made an important distinction between tax credit and refund. A tax credit under Section 168 is different from a refund under Section 170. Therefore, the taxpayer is not restricted to claiming a refund under Section 170 merely because excess tax is available. The Court found no legal basis for saying that Super Tax must be paid first and the taxpayer can only recover the excess through the refund mechanism.
However, the Court did not automatically approve the adjustment of Rs. 2.212 billion. It clarified that its role was only to decide the legal question of whether such adjustment is permissible. Whether the taxpayer actually qualifies for the adjustment, and how much amount can be adjusted, must be determined by the competent tax authority according to the Income Tax Ordinance.
Finally, the Federal Constitutional Court allowed the appeals, set aside the Islamabad High Court judgment, and allowed the taxpayer to seek adjustment before the competent taxing authority. The tax authority must decide the claim in accordance with the Income Tax Ordinance and the
‘’Section 4C Super Tax → Chapter X applies → Section 168 Tax Credit can be considered for adjustment. However, actual adjustment is not automatic; the competent tax authority will determine the taxpayer's eligibility and the amount that can be adjusted.’’
https://drive.google.com/file/d/1EYSXbU4s8UPz51GV9L4AXQiGyt6jjPIQ/view?usp=drive_link