2012 P T D 501

2012 P T D 501

[Supreme Court of Pakistan]

Present: Sarmad Jalal Osmany and Amir Hani Muslim, JJ

COMMISSIONER OF INCOME TAX and another

Versus

Messrs PAKISTAN PETROLEUM LTD. and 2 others

Civil Petitions Nos. 340-K, 385-K to 389-K, 520-K of 2009, 392-K to 394-Kand627-K to 630-Kof2011,decidedon19thDecember,2011.

(a) Workers' Welfare Fund Ordinance (XXXVI of 1971)---

----S. 2(f)(vi)---Income Tax Ordinance (XXXI of 1979), S. 156---Income Tax Ordinance (XLIX of 2001), S. 221---Constitution of Pakistan, Arts. 4 & 185(3)---Contribution under Workers' Welfare Fund Ordinance, 1971 paid by Respondents

corporation voluntarily and its reflection in assessment order by Assessing Officer---Assessment order challenged in appeal by respondent without claiming exemption from payment of such contribution---Rectification application by respondent claiming exemption by alleging such contribution made due to an inadvertent and bona fide mistake---Order of Assessing Officer dismissing such application upheld upto High Court---Validity---Under S. 156 of Income Tax Ordinance, 1979, Revenue had power to correct a mistake in tax calculation resulting in a short levy after terming such mistake to be apparent on face of record---When a mistake resulting in a short levy could be termed as one apparent on face of record and rectifiable, then a mistake resulting in excess payment on part of taxpayer could be similarly treated, otherwise its denial would violate Art.4 of the Constitution guaranteeing everyone equality before law---Respondent was admittedly a corporation in which majority shares were owned by Government, thus, same was covered by S. 2(f) of Workers' Welfare Fund Ordinance, 1971---Supreme Court refused to grant leave to appeal in circumstances.