| Case ID |
5148adf3-221c-4109-a71f-54e53b1af2af |
| Body |
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| 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
|