09-17-2011, 12:03 AM
My opinion is as follows
banks and insurance companies were brought in the definition of industrial estblishment in WWF Ordinance by insertion of clause (iva)in section 2(f) of the Ordinance. As the amendment is declared ultra vires of the Constitution, so banks and insurance companies would not be required to pay WWF any more.
I think WWF paid earlier would not be claimed as refund in current year return. Rather one would have to revise returns of previous tax years. This will entitle them to refund. Then same refund process is to be undertaken.
For your question No.5, I think refund without revising return is not possible. Income Tax Return is an assessment order. Unless assessment order is revised how one can claim refund.
For your last question, Government , not FBR, may give effect to the extent of covering bank and insurance company in WWF regime. WWF Ordinance is applicable on all industrial establishments. Industrial Establishment is defined in WWF ordinance. Clause (vi)of its definition says that Federal Government may declare any concern to be industrial establishment. So instead of making amendments illegally Federal Government could adopt legal path of issuing gazetted notification to the effect that all establishments which West Pakistan Shops & Establishments Ordinance applies (it applies to banks and insurance company) is an industrial establishment for WWF Ordinance. Other amendments could not be given effect after the judgment, unless enacted by Act of Parliament passed by National Assembly as well as Senate
banks and insurance companies were brought in the definition of industrial estblishment in WWF Ordinance by insertion of clause (iva)in section 2(f) of the Ordinance. As the amendment is declared ultra vires of the Constitution, so banks and insurance companies would not be required to pay WWF any more.
I think WWF paid earlier would not be claimed as refund in current year return. Rather one would have to revise returns of previous tax years. This will entitle them to refund. Then same refund process is to be undertaken.
For your question No.5, I think refund without revising return is not possible. Income Tax Return is an assessment order. Unless assessment order is revised how one can claim refund.
For your last question, Government , not FBR, may give effect to the extent of covering bank and insurance company in WWF regime. WWF Ordinance is applicable on all industrial establishments. Industrial Establishment is defined in WWF ordinance. Clause (vi)of its definition says that Federal Government may declare any concern to be industrial establishment. So instead of making amendments illegally Federal Government could adopt legal path of issuing gazetted notification to the effect that all establishments which West Pakistan Shops & Establishments Ordinance applies (it applies to banks and insurance company) is an industrial establishment for WWF Ordinance. Other amendments could not be given effect after the judgment, unless enacted by Act of Parliament passed by National Assembly as well as Senate
