Constitutional Petition No.D-1901 of 2009


            Date                             Order with signature of Judge                                    


1.       For orders on Misc. No. 9969/2009.

2.       For Katcha peshi.

3.       For orders on Misc. No. 9599/2009.


25th November 2009.


Mr. Farrogh Nasim, Advocate for the petitioners.

Mr. Asim Iqbal, Advocate for the petitioners in C.P.No. D-2392/2009.

Mr. Ashiq Raza, D.A.G. for the State.

Mr. Abdul Ghaffar, Advocate for respondent No. 4 in C.P.No.D-1902/2009.

Mr. Chaman Lal Oad, Advocate for respondent Commissioners.

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1.       Learned counsel for the petitioners states that through Circular No. 9 of 2009, dated 25.9.2009, issued by the Federal Board of Revenue, the Federal Board of Revenue has directed for e-filing of return. The petitioners’ counsel states that the computer programme, which has been developed by the Federal Board of Revenue is not accepting e-filing of the return where Court order is passed and the petitioner is unable to e-file its Return of Income Tax and seeks exemption from doing so by filing manual return.


          Learned D.A.G. states that he is prepared to argue the main petition for its final disposal and, at the same time, also states that the last date for filing of e-Returns has been extended till 20th December 2009. He, however, submits that if the petition is not finally decided by that date, the petitioners will be exempted from filing e-Returns and manual Returns will be accepted from them.


          As it is stated at the Bar that a large number of petitions involving same question of facts and law are also pending, consequently, the office is directed to fix all such petitions in Court for hearing on 15.12.2009. A list of such petitions will be supplied by the petitioners’ counsel, so also by the D.A.G. to the office.


          This application is disposed off with the observation that in case the pending petitions are not decided by 20th December 2009, the petitioners will stand exempted from filing e-Returns and would be allowed to file manual Returns in its place.


          To come up on 15.12.2009. Interim order passed earlier to continue till then.


2-3.          Adjourned.


J U D G E