K&N's FOODS (PVT.) LTD. vs FEDERATION OF PAKISTAN S — 2024 PTD 1520 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 PTD 1520 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: PTD
Parties: K&N's FOODS (PVT.) LTD. vs FEDERATION OF PAKISTAN S
Subject matter: Tax & Customs
Provisions referred to: S. 153; Finance Act; 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

K&N's FOODS (PVT.) LTD. VS FEDERATION OF PAKISTAN S. 153 [as substituted by Finance Act, 2024]---Constitution of Pakistan, Art. 199---Constitutional petition---Tax exemption---Amendment in law---Retrospective effect---Petitioners / companies were aggrieved of revoking of tax exemption certificates on the basis of amendment in S. 153(4) of Income Tax Ordinance, 2001 incorporated by Finance Act, 2024---Validity---Legislature is competent to make law on a particular subject and also has power to legislate such law on a particular subject with retrospective effect and can by legislative authorization even take away vested rights---When legislature give retrospective effect to a law, either by express provision or by necessary implication, no protection can be afforded to vested rights contrary to that law---When legislature enacts a law with retrospective effect, the person affected cannot plead imposition of a previously non-existent civil obligation as a ground for declaring such law invalid---There was no provision of Finance Act, 2024 that expressly or by necessary implication had given any retrospective effect or application to amended S. 153(4) of Income Tax Ordinance, 2001---Amendment in question could not be construed to affect exemption certificates issued in favour of petitioners / companies in accordance with the law existing at the relevant time---Amendment introduced through Finance Act, 2024 was applicable on all exemption certificates issued after its effective date i.e. 01-07-2024---High Court set aside order passed by authorities and petitioners / companies were held entitled to avail benefit of exemption pursuant to exemption certificates issued in their favour---Constitutional petition was allowed accordingly.

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