The Supreme Court (Practice and Procedure) Act, 2023, officially known as Act No. XVII of 2023, was enacted on April 21, 2023. This landmark legislation addresses various practices and procedures concerning the Supreme Court of Pakistan. Let’s break down the key aspects of this act in clear and concise terms.

1. Title and Commencement:

• The act is titled the “Supreme Court (Practice and Procedure) Act, 2023.”
• It came into force immediately upon enactment.

2. Constitution of Benches:

• The act establishes a Committee to constitute Benches for the Supreme Court.
• The Committee consists of the Chief Justice of Pakistan and the two most senior Judges.
• Decisions within the Committee are reached by a majority vote.
• The Committee’s first meeting aims to determine its procedure and rules.

3. Exercise of Original Jurisdiction:

• Matters invoking the original jurisdiction of the Supreme Court under clause (3) of Article 184 of the Constitution are initially placed before the Committee.
• If the Committee deems that a matter involves a question of public importance related to enforcing Fundamental Rights, it constitutes a Bench of at least three Judges for adjudication.

4. Interpretation of the Constitution:

• When interpreting constitutional provisions, a Bench comprising no less than five Judges of the Supreme Court is constituted by the Committee.

5. Appeal:

• An appeal may be filed within thirty days from an order issued by a Bench exercising jurisdiction under clause (3) of Article 184 of the Constitution.
• Appeals are directed to a larger Bench of the Supreme Court, and they must be scheduled for hearing within fourteen days.
• The right to appeal also applies to orders made under clause (3) of Article 184 before the commencement of this Act, provided they are filed within thirty days of the Act’s commencement.

6. Right to Appoint Counsel of Choice:

• For filing a review application under Article 188 of the Constitution, a party has the right to select its counsel. In this context, ‘counsel’ refers to an Advocate of the Supreme Court.

7. Application for Urgent Matters:

• Applications that assert urgency or request interim relief in a cause, appeal, or matter must be scheduled for a hearing within fourteen days from the date of filing.

8. Act’s Precedence:

• The provisions of this Act take precedence over any other existing laws, rules, regulations, or court judgments, including those of the Supreme Court and High Courts.

In summary, the Supreme Court (Practice and Procedure) Act, 2023, is a significant legal development in Pakistan, streamlining the procedures and practices of the Supreme Court and reinforcing the right to appeal and the appointment of counsel of choice. It empowers the Committee to effectively manage the Court’s operations and interpretations of the Constitution. Additionally, the Act emphasizes the prompt handling of urgent matters.

Eligibility Criteria for Tax Refunds

Under Section 170 of the Income Tax Ordinance 2001, taxpayers who have paid more tax than required are eligible to apply for a refund. This provision ensures that taxpayers are not burdened with excessive tax payments and that they receive a fair return of overpaid taxes. To qualify for a refund, taxpayers must meet certain conditions outlined in the ordinance.

Application Process

Applying for a tax refund in Pakistan involves a specific procedure laid out by tax authorities. This includes submitting a refund application in the prescribed form and following a verification process. We’ll provide you with a step-by-step breakdown of how to apply for a tax refund, ensuring you navigate the process seamlessly.

Compensation for Delayed Refunds

Section 171 of the Income Tax Ordinance 2001 addresses the issue of delayed refunds. If a taxpayer’s refund is not paid within three months of becoming due, the Commissioner is liable to pay additional compensation. We’ll discuss the compensation rate and the circumstances under which it applies, ensuring taxpayers are aware of their rights in case of delays.

Recent Developments and Amendments

Tax laws are subject to change, and it’s crucial for taxpayers to stay updated. We’ll highlight any recent amendments or developments related to tax refunds and the Income Tax Ordinance 2001. Being informed about the latest changes can help you make informed decisions regarding your taxes.

Conclusion

Tax refunds are a crucial aspect of the taxation system in Pakistan, ensuring fairness and transparency. By understanding the provisions of the Income Tax Ordinance 2001, taxpayers can navigate the refund process confidently. Whether you’re eligible for a refund or curious about recent changes, this guide equips you with the knowledge you need to make the most of Pakistan’s tax refund system.

Reference:

• Income Tax Ordinance 2001 (Amended up to June 30, 2023)

Key Amendments and Their Impact (Section 4B and Section 4C):

Super Tax for Rehabilitation of Temporarily Displaced Persons (Section 4B)

In an effort to support the rehabilitation of temporarily displaced persons, Pakistan has introduced a super tax. This tax, applicable from the year 2015 onwards, is levied at rates specified in Division IIA of Part I of the First Schedule. The affected income includes profits on debt, dividends, capital gains, brokerage, and commission, among others. For a detailed understanding, refer to Section 4B of the Income Tax Ordinance 2001.

Super Tax on High Earning Persons (Section 4C)

Another notable amendment is the introduction of a super tax targeting high-earning individuals. This tax, applicable from the tax year 2022 onwards, is imposed at rates specified in Division IIB of Part I of the First Schedule. The types of income subjected to this tax are similar to those in Section 4B, and it follows the payment and collection procedures detailed in Chapter X of the Ordinance. Please note that this section excludes banking companies for the tax year 2022. For further details, consult Section 4C of the Income Tax Ordinance 2001.

Understanding the Tax Credits (Section 4 – Subsection 3):

To provide relief and incentives to taxpayers, the Ordinance allows for various tax credits. These credits are applied in a specific order, starting with foreign tax credits, followed by tax credits under Part X of Chapter III, and finally, tax credits under sections 147 and 168. This systematic approach ensures that taxpayers receive the maximum benefit while complying with tax laws. Refer to Section 4, Subsection 3 for comprehensive details.

Conclusion:

As the income tax landscape in Pakistan evolves, it’s crucial for taxpayers and high earners to stay informed about these recent amendments. The Income Tax Ordinance 2001, as amended up to June 30, 2023, represents the latest changes in tax law. Understanding these changes is vital for ensuring compliance and managing financial responsibilities effectively.

In conclusion, these amendments, primarily outlined in Section 4B and Section 4C, aim to strike a balance between revenue collection and providing relief to specific groups, all while aligning with Pakistan’s economic and social goals. Stay updated and navigate these changes wisely for a more tax-efficient future.

References:

• Income Tax Ordinance, 2001 (Sections 4, 4B, and 4C)
• First Schedule of the Income Tax Ordinance, 2001

Mandatory Display of Tax Numbers and Licenses

As per Section 181C of the Income Tax Ordinance, 2001, it is now mandatory for all businesses to display their NTNs at every location of their business. Additionally, Section 181D of the same ordinance mandates that businesses, professions, or vocations obtain and prominently display a business license specified by the FBR. Failure to do so can result in fines and penalties.

Penalties for Non-Compliance

Businesses and individuals failing to display their NTN or business license will face a penalty of five thousand rupees, as stipulated under Section 181C of the Income Tax Ordinance, 2001. Furthermore, the Commissioner has the authority to impose varying fines depending on the circumstances. Taxpayers deriving income subject to tax under this ordinance may face a fine of twenty thousand rupees, while all other cases could incur a fine of five thousand rupees.

Cancellation of Business Licenses

The Commissioner also possesses the authority to cancel a business license under specific conditions, such as failure to report changes in particulars within thirty days of such changes or conviction of any offense under any federal tax law.

Enhancing Transparency and Compliance

These measures are part of the FBR’s ongoing efforts to enhance transparency and compliance within the business community and to ensure a fair and effective tax system. Compliance with these regulations is essential for business owners to avoid penalties and maintain legal compliance with tax laws.

For more information and guidance regarding the display of NTNs and business licenses, individuals and businesses are encouraged to contact the Federal Board of Revenue. Stay compliant and informed to avoid penalties under these new regulations.

Reference: Income Tax Ordinance of 2001, Sections 181C and 181D.

What Is a Partnership Firm?

Before we dive into the registration process, let’s clarify what a partnership firm is. In Pakistan, a partnership firm is essentially a legal structure where two or more individuals, known as partners, come together to run a business. They share responsibilities, profits, and losses. The rules and regulations for partnership firms are outlined in the Partnership Act, 1932.

Creating the Partnership Deed: The Foundation

Reference: Partnership Act, 1932, Section 4

The Partnership Deed is a critical document for your partnership firm. It’s a legally binding agreement that spells out essential details such as the firm’s name, the names and addresses of partners, how profits and losses are shared, and other important terms and conditions. This deed must be written on a non-judicial stamp paper worth Rs. 1,000 and signed in the presence of at least two witnesses.

Filling Out Form I

Reference: Partnership Act, 1932, Section 58

To make your partnership official, you’ll need to complete Form I, a specific registration form for partnership firms. You can obtain this form from the District Registrar Firms office in your area.

Paying the Registration Fee

Reference: Partnership Act, 1932, Section 59

As part of the registration process, you’ll be required to pay a registration fee determined by the authorities. You can do this by following the instructions on the bank challan provided by the District Registrar Firms.

Providing CNIC Copies and Notarizing Documents

Reference: Partnership Act, 1932, Section 25

To verify the identities of all partners and witnesses, you’ll need to provide copies of their Computerized National Identity Cards (CNICs). Additionally, all documents, including the Partnership Deed, must be notarized by a notary public.

Physical Appearance (If Required)

In some cases, the Registrar Firms may ask the partners to appear in person for verification or to address any questions or concerns they might have.

Processing Time

Typically, the Registrar Firm processes your application within seven days after receiving all the necessary documents for Partnership Firm Registration.

Receiving Your Registration Certificate

Once your registration is complete, you’ll be issued a Partnership Registration Certificate. This marks the official establishment of your partnership firm.

In Conclusion

Registering a partnership firm in Pakistan follows a structured process outlined in the Partnership Act, 1932. By following these steps and meeting the legal requirements, you can kickstart your business venture confidently. Remember that consulting with legal professionals, like Hamza and Hamza Law Associates, can be incredibly helpful to protect your interests and ensure you’re complying with all the regulations.

Now, armed with this straightforward guide, you’re well-prepared to embark on your entrepreneurial journey and establish your partnership firm in Pakistan.

Success starts with proper registration!

Key Points:

• A partnership firm in Pakistan involves two or more individuals sharing responsibilities and profits.
• The Partnership Deed is a crucial document outlining important terms and conditions.
• Form I is the specific registration form for partnership firms.
• Pay the registration fee using the instructions provided by the District Registrar Firms.
• Provide CNIC copies for identification and notarize all documents.
• Be prepared for a physical appearance if requested by the Registrar.
• The registration process usually takes about seven days.
• Upon successful registration, you’ll receive a Partnership Registration Certificate, marking your firm’s official establishment.

FBR’s Unrelenting Commitment to Tax Compliance

The most recent update to the ATL for the tax year 2022, disclosed by the FBR on Monday, is a testament to the significant strides made in Pakistan’s fiscal responsibility journey. Impressively, over 60,000 new tax return filers have been successfully incorporated into the prestigious ATL, highlighting the vigor of the ongoing tax compliance campaign.

Cracking Down on Tax Evasion

Under the stewardship of the caretaker government, a comprehensive crackdown on potential taxpayers has been initiated. The FBR’s scrupulous examination of individuals involved in substantial financial transactions but conspicuously absent from the tax roster reflects a commitment to bringing all eligible entities into the formal tax system. This effort aligns with the relevant sections of the Income Tax Ordinance, 2001.

Encouraging Tax Formalization

One of the pivotal driving forces behind the ATL’s expansion is the government’s strategy to shift the responsibility onto individuals operating within the informal economy. This includes the imposition of elevated withholding income tax rates on those not featured in the ATL. This move has been further reinforced by an increase in electricity bills for those outside the ATL, encouraging taxpayers to formalize their tax obligations. These actions align with the Income Tax Ordinance, 2001.

Benefits of ATL Membership

Membership in the ATL offers numerous advantages, including reduced income tax rates and specific exemptions from tax obligations. These incentives have enticed a growing number of individuals and businesses into the structured tax system, as outlined in Section 114 of the Income Tax Ordinance, 2001.

Bolstering Revenue Collection for National Progress

The significant surge in ATL membership signifies a commendable advancement in Pakistan’s revenue collection endeavors. By broadening the tax base and ensuring tax conformity, the government aims to achieve a more equitable distribution of the tax burden among citizens and corporate entities. The resultant increase in revenue can be allocated to vital sectors such as healthcare, education, and infrastructure, benefitting the entire nation.

Embracing Digitalization and Transparency

The FBR’s commitment to fostering tax compliance through initiatives like the ATL and digital tax systems has yielded notable results. These actions have not only streamlined the tax collection process but have also ushered in an era of heightened transparency within the tax framework, aligning with the government’s vision for a more accountable and efficient tax system.

A Promising Future for Tax Compliance

In light of the FBR’s unwavering commitment to regular ATL updates, it is anticipated that the ranks of active taxpayers will continue to grow in the months ahead. The government’s dedication to stimulating tax compliance, coupled with vigorous enforcement measures, is poised to fortify Pakistan’s comprehensive tax collection endeavors. These efforts are in accordance with Pakistan’s vision for sustainable economic advancement and prosperity.

Pakistan’s achievement of 4.6 million active taxpayers represents more than just a statistical milestone; it’s a reflection of the nation’s progress towards fiscal stability, economic growth, and a fair and transparent tax system for all.

Rule 15 – Foreign Income Tax:

Rule 15 serves as a cornerstone for the taxation of foreign income by residents. It lays out the following crucial provisions:

Applicability: Rule 15 applies to sections 102 and 103 of the Income Tax Ordinance, which offer relief from international double taxation.

Foreign Income Tax: The rule defines a foreign levy as a foreign income tax if two conditions are met. First, the levy must be a tax, and second, it should be substantially equivalent to the income tax imposed by the Income Tax Ordinance.

Defining Tax: A foreign levy is considered a tax if it requires a compulsory payment under the authority of the foreign country to levy taxes. However, penalties, fines, interest, or similar obligations are not classified as taxes under this chapter.

Specific Economic Benefit: The rule makes a distinction by stating that a foreign levy is not considered a tax if the person subject to the levy receives an economic benefit from the foreign country in exchange for the payment.

Substantial Equivalence: For a foreign tax to be substantially equivalent to the income tax imposed under the Ordinance, certain conditions must be met, including the computation of the taxable amount and the treatment of dividend or interest income earned from foreign sources.

Examples of Equivalent Taxes: The rule provides examples of foreign taxes that are substantially equivalent to the income tax imposed under the Ordinance, such as withholding tax on dividends and tax on wages by withholding.

Rule 16 – Foreign Tax Credit:

Rule 16 complements the provisions of Rule 15 by addressing the foreign tax credit, which is a critical aspect for residents dealing with foreign income:

Application for Foreign Tax Credit: Residents who wish to claim a foreign tax credit for a tax year are required to submit an application for the credit along with their income tax return for that year.

Form Requirements: The application for a foreign tax credit should follow the specified form as outlined in Part I of the First Schedule to the Income Tax Rules, 2002.

Supporting Documentation: Taxpayers must submit certain documents with their application, including a declaration by the payer of income tax (if tax was deducted at source) and a certified copy of the receipt from the foreign tax authority for the deducted tax.

Secondary Evidence: In cases where a resident taxpayer cannot obtain evidence of tax deduction as required, the Commissioner may accept secondary evidence as determined by him.

These rules play a pivotal role in providing clarity and guidance to residents of Pakistan who earn income from foreign sources. Understanding the criteria for determining foreign income taxation and the procedures for claiming foreign tax credits is essential for individuals and businesses engaged in international financial activities.

As always, it’s important to stay up-to-date with the latest tax regulations and consult with tax professionals when dealing with foreign income to ensure compliance with the law and to optimize tax planning strategies.

For your reference, the original

CHAPTER – IV TAXATION OF FOREIGN-SOURCE INCOME OF RESIDENTS Income Tax Rules 2002

Identifying Fake and Flying Invoices: A Critical Task

The first line of defense against fraudulent tax activities involves identifying fake or flying invoices. Each Chief Commissioner of Inland Revenue is mandated to assign at least two senior officers with impeccable integrity to this task within their respective jurisdictions. This function is primarily entrusted to the Assessment & Processing Cell, where available. These officers are granted full access to sales tax and FED data through IRIS, ITMS, CREST, FASTER, and other automated systems. This access enables them to perform effective data analysis and scrutinize the entire supply chain by examining the sales tax returns and registrations of registered individuals or entities.

Characteristics of Fake/Flying Invoices

When identifying potential cases of fake or flying invoices, officers focus on several key characteristics. These include high transaction volumes with minimal net sales tax payments, matching values of purchases and input tax with supplies and output tax, consistent carry forwards with unrealistic stock levels, and meager capital declarations compared to substantial stock holdings. Frequent and significant use of credit notes to avoid tax payments, recent registrations with substantial transactions, and addresses in low-income or remote areas also raise red flags.

Uncovering Networks and Supply Chains

Fraudulent tax activities involving fake and flying invoices often operate within networks. Once an issuer of such invoices is identified, scrutinizing both forward and backward transactions in Annex A and Annex C of their sales tax returns becomes crucial. This process helps uncover other wrongdoers within the supply chain and allows for a comprehensive response.

Suspension and Blacklisting: Swift Action Required

Upon identifying dubious or fake registrations or the use of fake/flying invoices, the concerned Commissioner of Inland Revenue must promptly suspend the registration according to Section 21 of the Sales Tax Act of 1990, in conjunction with Rule 12(a) of the Sales Tax Rules of 2006. Following suspension, statutory action for blacklisting must be initiated within seven days as stipulated in Rule 12(a)(vi) of the Sales Tax Rules of 2006.

Action Against Beneficiaries: Going Beyond the Surface

Suspending and blacklisting fake firms is not sufficient to eliminate the problem. Fraudsters often create new registrations to continue their illegal activities. Therefore, officers must pursue beneficiaries, who are real and existing firms, to reach the actual culprits. Immediate action, under relevant assessment, enforcement, and penal provisions, should be taken against beneficiaries for the recovery of evaded sales tax or false refunds.

Registration of FIRs: Strengthening Legal Measures

To deter misuse of trust within the self-assessment system, officers, upon establishing cases of tax fraud involving fake or flying invoices, must not hesitate to register FIRs against the perpetrators under the relevant legal provisions. Tracing IP addresses and coordinates of the criminals through automated systems is vital for effective enforcement.

Action Against e-Intermediaries: Shared Responsibility

Section 52A of the Sales Tax Act of 1990 holds e-intermediaries jointly and severally liable for the consequences if they knowingly or willfully submit false information to avoid tax payment. Therefore, officers must also proceed against e-intermediaries under Section 37A of the Act and initiate proceedings for the suspension and subsequent cancellation of their licenses.

Action Against Insiders: Vigilance Within the System

It is implausible that numerous firms openly issue false sales tax invoices without some form of insider assistance. Chief Commissioners and Commissioners of Inland Revenue must maintain constant vigilance over their staff to detect any complicity in fraudulent activities. Action based on evidence of complicity should be swift, with legal consequences imposed on departmental officials involved or in connivance with those using fake or flying invoices.

Collaboration Across Jurisdictions: Sharing the Burden

Cases involving buyers or suppliers of fake/bogus firms that fall within other jurisdictions require collaboration. Chief Commissioners should promptly share case details with the relevant jurisdictions, highlighting that registered persons within their jurisdiction are involved in transactions related to fake or flying invoices.

Reporting to the Board: Continuous Improvement

In addition to detecting fraudulent activities, field formations are responsible for sharing reports with the Board. These reports aid in analyzing how to enhance existing automated systems and statutory procedures to eliminate tax fraud involving fake and flying invoices, thus safeguarding government revenues.

In conclusion, Pakistan’s Federal Board of Revenue is taking significant steps to combat tax fraud associated with fake and flying invoices. Through comprehensive SOPs and adherence to the Sales Tax Act of 1990, the government aims to protect its revenue and ensure a fair and transparent taxation system.