LAHORE: A Lahore High Court (LHC) division bench on Friday declared as unconstitutional the Federal Board of Revenue (FBR) move to seek particulars of the taxpaying clients from their lawyers.
The bench comprising Justice Syed Mansoor Ali Shah and Justice Shujaat Ali Khan passed the order while dismissing an appeal, filed by the FBR against the LHC single bench order on a petition, filed by Advocate Aslam Hashim Butt. The division bench upheld single bench order wherein FBR's move to seek particulars of a taxpaying client from the petitioner-lawyer was set aside.
The FBR, through its appeal, contended that in order to collect record of taxpayers, authentic information could be obtained from lawyers.
However, Aslam Hashim Butt submitted that the FBR was putting pressure to secure particulars of his client.
The amicus curies - Assistant Advocate General Punjab Anwaar Hussain and Miss Rotaba Gull - submitted that the lawyers were not bound to share the particulars of their taxpaying clients with any institution, as per international laws and traditions.
The division bench, in its detailed order, observed that the FBR did not have any authority to seek particulars of clients from their lawyers. The court further held that the lawyers could not be used as a tool to collect data of taxpayers and if the FBR wanted to stop tax evasion, then other methods could be used for the purpose.
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