17/08/2026
FCC Verdict Summary: Adjustability of Tax Credit
u/s 168 Against Section 4C Super Tax.
Core Issue:
The Federal Constitutional Court (FCC) specifically adjudicated whether tax collected/ deducted at source or paid in advance under Chapter X (giving rise to tax credits under Section 168) is adjustable against Super Tax liability determined under Section 4C of the Income Tax Ordinance, 2001.
Interpretation of Section 4C(3): Section 4C(3) specifies that tax shall be paid, collected, and deposited per Section 137(1), and explicitly provides that "all provisions of Chapter X of the Ordinance shall apply."
Rejection of FBR’s Stand:
The Court rejected the Federal Board of Revenue's (FBR) stance that Section 4C is an unadjusted standalone levy without credit set-offs. The FCC held that excluding Section 168 adjustments would render the statutory incorporation of Chapter X redundant, as Section 137(1) already handles procedural payment mechanics.
Final Ruling:
The FCC ruled in favor of the taxpayer, holding that advance tax and withholding tax credits under Section 168 are legally adjustable against the tax liability computed under Section 4C.