26/07/2026
⚖️ CASE LAW UPDATE | 2026 PTD 185
Routine Inspection ≠ Search & Seizure
The Lahore High Court has clarified an important principle under the Sales Tax Act, 1990:
✅ Section 38 empowers FBR to conduct routine inspections of business premises without obtaining a Magistrate's warrant.
✅ Section 40 applies only to search & seizure, where a Magistrate's warrant is mandatory.
📌 Key Takeaways:
• Section 38 and Section 40 operate independently.
• Routine inspection does not require a warrant.
• Search & seizure requires a Magistrate's warrant.
• Constitutional Petition dismissed.
Understanding this distinction is essential for taxpayers, tax practitioners, and corporate businesses dealing with FBR inspections.
Hasnain A Rind Baloch & Co.
Taxation | Corporate | SECP | Litigation
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