25/03/2026
Islamabad High Court Clarifies Tax Treatment on Sale of Immovable Property
Reference: I.T.R. No. 339 of 2025 (Islamabad High Court, decided on 12 March 2026)
Key Ruling:
Gain on disposal of immovable property is taxable under Section 37(1A) as Capital Gains, not as business income under Section 18.
Important Takeaways:
→ Section 37(1A) is a special provision for immovable property
→ It overrides general provisions relating to business income
→ Applies even if the taxpayer is engaged in a real estate business
→ No need to classify property as stock-in-trade for this purpose
→ Ambiguity in tax laws must favor the taxpayer
Conclusion:
Sale of immovable property = Capital Gains taxation regime applies