5113/2021 Const. P. OBS Pakistan Ltd (Petitioner) V/S Fed. of Pakistan and Others (Respondent)
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Mahmood A. Khan
5113/2021 Const. P. OBS Pakistan Ltd (Petitioner) V/S Fed. of Pakistan and Others (Respondent) Sindh High Court
Bench: Hon'ble Chief Justice Mr. Justice Muhammad Shafi Siddiqui(Author), Hon'ble Mr. Justice Mahmood A. Khan Order Date: 17-NOV-21
The impugned Circular has only restored the process of Section 170 of Ordinance 2001 for claiming refund only however actions which have already been taken thereunder are not open for a scrutiny at least under Section 221 of Ordinance 2001. For convenience however we may say that impugned Circular has prospective effect only. The adjustments made and allowed on the basis of Circular 4 cannot be subjected to provisions of Section 221 of Ordinance 2001. Applications made under section 170 of Ordinance 2001 for refund has the limitation of three years in terms of Section 170(2) i.e. deemed assessment or when tax was paid whereas deemed assessment itself could be subjected to amendment within five years of such deemed assessment hence the purpose which cannot be achieved under Section 170 is available under other provisions of Ordinance 2001.