Super Tax upheld by pakistan’s Federal Constitution Court
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Pakistan’s Federal Constitution Court (FCC) affirmed the legality of the “super tax” on Tuesday, January 27, 2026, in a ruling with notable implications for the nation’s finances and constitutional law.
Legality of the Super Tax Confirmed
The FCC ruled that Parliament possesses the authority to legislate taxes, specifically upholding the validity of Sections 4-B and 4-C of the Income Tax Ordinance (ITO), 2001.
This decision means the super tax, as levied according to the prescribed rates, will be applicable retroactively from the dates of its initial implementation. The court’s short order was announced after a morning hearing, with the full detailed judgment to be released at a later date.
Impact on Public Revenue
The ruling resolves over 2,200 pending tax cases related to Sections 4-B and 4-C of the ITO, perhaps safeguarding approximately Rs310 billion (approximately $1.08 billion USD as of January 27,2026) in public revenue.
Hafiz Ahsaan Ahmad Khokhar,senior counsel representing the Revenue division secretary,stated the FCC’s decision protects this substantial amount of public funds.
Constitutional Basis for the Ruling
The cases were transferred to the FCC following the ratification of the 27th Constitutional Amendment. The three-member FCC bench consisted of Chief Justice Aminuddin Khan, Justice Syed Hasan Azhar Rizvi, and Justice syed Arshad Hussain Shah.
The Income Tax Ordinance, 2001, as amended, can be found at the Federal Board of Revenue website.
