| Citation(s) |
|---|
| 2025 SLG 1152 2025 SLD 1152 = 2025 SCP 152 = (2025) 131 TAX 673 = 2025 SCMR 1073 = 2025 PTD 1072 = 2025 PTCL 734 |
CIVIL PETITION NO.687-L OF 2024 [Against order dated 31.01.2024 passed by the Lahore High Court, Lahore in ITR No.77169 of 2022]
PRESENT: Mr. Justice Munib Akhtar Mrs. Justice Ayesha A. Malik Mr. Justice Aqeel Ahmed Abbasi
For the Petitioner(s) : Mrs. Kausar Parveen, ASC For the
Respondent(s) : Mr. M. Amir Sohail, ASC Date of Hearing : 23.04.2025
Commissioner Inland Revenue, Corporate Zone, Regional Tax Office, Faisalabad …Petitioner(s)
VERSUS
M/s National Public Welfare Society, Jinnah …Respondent(s) Colony, Faisalabad and another
Law: Income Tax Ordinance, 2001
Section: 2(36), 100C, 122(9), 122(5A), 237
Law: Income Tax Rules, 2002
Section: 212, 214, 217
SUMMARY;
Income Tax Ordinance (XLIX of 2001)---
----Ss. 2(36), 122 & 237(1)---Income Tax Rules, 2002, R. 214---Notification SRO No. 754 (I)/2016, dated 15-08-2016---Welfare society---Tax credit---Nature of amendment---Authorities issued notice for tax recovery to respondent / taxpayer on the ground that it did not have valid approval in its favour for claiming tax credits--Validity---Provision of Rule 214 of Income Tax Rules, 2002 was to apply for subsequent three years---Such amendment was to apply prospectively as the words subsequent three years did not suggest that the amendment was to apply retrospectively---Notification SRO No. 754 (I)/2016, dated 15-08-2016did not contain any provision which could suggest that the notification would apply retrospectively---Approval obtained by respondent / taxpayer in year 2007 was valid and it did not expire in year 2010, on account of notification SRO No. 754 (I)/2016, dated 15-08-2016---Retrospective application of law cannot be made unless specifically provided for, particularly in tax cases---Notification SRO No. 754 (I)/2016, was issued on 15-08-2016, the period of three years was to be counted subsequent thereto which meant that the approval granted would expired in August 2019---Supreme Court declined to interfere in the matter as the respondent / taxpayer had relevant approval necessary for claiming tax credit for the tax year 2019 and was entitled to it---Petition for leave to appeal was dismissed and leave to appeal was refused.