KARACHI: The Sindh High Court (SHC) fixed May 9 as the date of hearing of a petition filed by M/s Fuji Film Pakistan (Private) Limited against impugned demand notice of Rs 1,681,737 in respect of Workers Welfare Fund (WWF) for the tax year 2013.
A two-member bench, comprising Justice Munib Akhter and Justice Abdul Malik Gaddi heard the petition.
During the hearing, the counsel for the petitioner submitted that the issues raised in the petition are already before the court. The court directed the office that this petition may be fixed along with other petitions.
The counsel of the petitioner stated that respondents issued notice under section 21 of the income tax ordinance, 2001 read with section 4 of the WWF ordinance, 1971 alleging that petitioner has not paid WWF for the tax year 2013, and demanded Rs. 16,81,737/-which is completely without jurisdiction unlawful, mala fide, illegal.
Counsel said that in terms of the judgment of the learned full beanch of this court refereed to in para 8 it has been declared and held that the contribution of WWF is a tax on the “income of industrial establishment, the 1971 ordinance is a federal status but the 4” schedule to the constitution which prescribed the federal legislative list does not contain an entry which authorized a having for the “tax in income of industrial establishment.
Petitioner pleaded that SHC may declared section of the Finance act 2006, and 5 8 of the finance act 2008, whereby the workers welfare ordinance 1971 has been amended to be completely illegal without jurisdiction, and restrain the respondents for taking any action in any measures whatsoever.
