SYNTHETIC PRODUCTS ENTERPRISES LIMITED vs FEDERAL BOARD OF REVENUE Ss — 2023 PTD 252 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2023 PTD 252 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2023
Reporter: PTD
Parties: SYNTHETIC PRODUCTS ENTERPRISES LIMITED vs FEDERAL BOARD OF REVENUE Ss
Subject matter: Tax & Customs
Provisions referred to: S. 4---W; S. 120; Workers Welfare Fund Ordinance (XXXVI of 1971); Income Tax Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

SYNTHETIC PRODUCTS ENTERPRISES LIMITED VS FEDERAL BOARD OF REVENUE Ss.120(2a) & 170(3)(a)---Workers Welfare Fund Ordinance (XXXVI of 1971), S.4---Workers Welfare Fund (WWF)---Recovery---Refund, determining of---System generated notice, non-issuance of---Dispute was with regard to adjustment of Workers Welfare Fund (WWF) as to whether it was part of deemed assessment---Validity---On furnishing of complete return Commissioner was taken to have made assessment order of "taxable income" and "tax due thereon"---Order under S.120 of Income Tax Ordinance, 2001, was taken to be assessment order for all purposes of Income Tax Ordinance, 2001--- Provision of subsection (2a) was inserted in S.120 of Income Tax Ordinance, 2001 and after the date it was notified, return of income was processed through automated system---Certain adjustments of incorrect claim were allowed to be made by Commissioner, before the return had attained status of assessment order by operation of law---On identifying incorrect claim, a system generated notice was issued, before making adjustment--- If no adjustment was made within six months of filing the return, amounts specified in the return were deemed to be rightly adjusted amounts, therefore, would be part of assessment order under S.120 of Income Tax Ordinance, 2001---No system generated notice under S.120(2a) of Income Tax Ordinance, 2001 was issued, therefore, WWF adjusted or allowed to be adjusted was part of order under S.120 of Income Tax Ordinance, 2001, under third proviso to S.120(2a) of Income Tax Ordinance, 2001---Constitutional petition was allowed in circumstances.

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