Legal Case Summary

Case Details
Case ID 5148adf3-221c-4109-a71f-54e53b1af2af
Body View case body.
Case Number I.C.A. No. 55195 of 2020
Decision Date Jan 17, 2024
Hearing Date Jan 17, 2024
Decision The Lahore High Court allowed the appeal filed by Fauji Fresh and Freeze Ltd. against the order of a Single Judge. The court found that the Single Judge had erred in not applying the amendment made by the Finance Act, 2015, which allowed for a deemed approval of tax return revisions when the Commissioner did not make a decision within 60 days. The court ruled that the amendment was relevant for pending proceedings and applicable to the tax years in question, thus setting aside the previous order and granting the appeal.
Summary In this case, the Lahore High Court addressed the issue of tax return revisions under the Income Tax Ordinance, particularly focusing on the amendment introduced by the Finance Act, 2015. The court clarified that the amendment allowed the Commissioner to be deemed to have approved a tax return revision if no decision was made within 60 days. This ruling emphasized the retrospective application of the amendment to pending cases, ensuring that taxpayers' rights were upheld. The decision is significant in the context of tax law and administrative procedures, providing clarity on the powers of the Commissioner and the timelines for tax return assessments. This case is crucial for tax practitioners and businesses alike, highlighting the importance of timely decisions in tax matters.
Court Lahore High Court
Entities Involved COMMISSIONER INLAND REVENUE, FAUJI FRESH AND FREEZE LTD.
Judges RASAAL HASAN SYED, SHAHID KARIM
Lawyers Khurram Shahbaz Butt, Shahzad Ahmad Cheema
Petitioners FAUJI FRESH AND FREEZE LTD.
Respondents 3 OTHERS, COMMISSIONER INLAND REVENUE
Citations 2024 SLD 3651, 2024 PTD 1068
Other Citations Not available
Laws Involved Income Tax Ordinance, 2001, Law Reforms Ordinance, 1972
Sections 114(6), 114(6)(ba), 3