Law: Income Tax Ordinance, 2001

Section: 13(2)(c),133

Law: General Clauses Act, 1897

Section: 6

Law: Constitution of Pakistan, 1973

Section: 264

(a) Income Tax Ordinance (XLIX of 2001)-- --Ss. 113(2)(c) 133--Constitution of Pakistan Art. 264--General Clauses Act (X of 1897) S.6--Minimum tax on income of certain persons--Carry forward and adjustment of excess tax under S.133(2)(c) against tax liability in subsequent years --Amendments in S.113(2)(c) of the Income Tax Ordinance, 2001 to apply prospectively--Vested rights of taxpayer--Scope--Question before High Court was whether taxpayer while filing his return in 2009 could claim adjustment on account of excess tax paid under S.113(2)(c) Income Tax Ordinance, 2001 for years 2004 to 2008, when such provision to carry forward excess tax was deleted by Finance Act, 2008--Validity--Excess amount of tax paid, in the present case, which was carried forward related to years 2004 to 2008 and under the repealed provision of S.113(2)(c) of Income Tax Ordinance, 2001 prevailing at the relevant time, said amount was adjustable against tax liability for a period of five years and per subsequent change in law, such period was reduced to three years--Said amendment in law, however, would not curtail period of adjustment of five years for taxpayer as a substantive and vested right had accrued in favour of taxpayer -- Once vested right of taxpayer accrued under the statute, such right could not be disregarded if such statutory provision was subsequently repealed, and said principle was enshrined in Art. 264 of Constitution and S.6 of General Clauses Act, 1897--Reference was answered, accordingly. Idrees Ahmad and others v. Hafiz Fida Ahmad Khan and 4 others PLD 1985 SC 376; Gulshan Spinning Mills Ltd. and others v. Government of Pakistan and others 2005 PTD 259 and Shahnawaz (Pvt.) Ltd. through Director Finance v. Pakistan through The Secretary Ministry of Finance Government of Pakistan, Islamabad and another 2011 PTD 1558 ref.  Molasses Trading and Export (Pvt.) Limited v. Federation of Pakistan and others 1993 SCMR 190S and North Star Textile Limited’s case, Constitution Petition No. D-2408 of 2010 distinguished. (b) Interpretation of statutes-- --Effect of repeal or amendment --Retrospective effect of such repeal or amendment -- Principles of construction where…

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