2000 PLP 1767 (PTD)
COMMISSIONER OF INCOME-TAX Versus OSWAL ENTERPRISES (P.) LTD.
| Citation | 2000 PLP 1767 (PTD) |
| Forum / Court | 234 I T R 483 |
| Bench Members | Y. K. Sabharwal and Lokeshwar Prasad, JJ |
| Parties | COMMISSIONER OF INCOME-TAX Versus OSWAL ENTERPRISES (P.) LTD. |
| Primary Law | Income-tax |
Q1: What are the key laws and sections cited in 2000 PLP 1767 (PTD)?
This judgment primarily cites: Income-tax as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2000 PLP 1767 (PTD)?
The case was heard and decided by the 234 I T R 483 bench comprising: Y. K. Sabharwal and Lokeshwar Prasad, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2000 PLP 1767 (PTD) (COMMISSIONER OF INCOME-TAX Versus OSWAL ENTERPRISES (P.) LTD.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
Income from export business earned by a concern Or--Tribunal finding that O an independent entity and not a benami of assessee
O carrying on business activity in its own name
No evidence to show that income from export business carried on by O was income of assessee
Finding of Tribunal is a finding of fact
No question of law arose for reference
Indian Income Tax Act, 1961, S. 256(2). Held, that. the Tribunal had recorded a finding of fact that concern O, was not a benami of the assessee and the business activity was carried on by O in its own name and that no evidence had been brought on record - to show that the income from export business carried on by O was the income of the assessee. The finding of the Tribunal had not been challenged as perverse and hence no question of law arose for reference. R.D. Jolly with R.K. Chaufla for the Commissioner.
Judgment & Decree
On consideration of material on record Tribunal has recorded a finding of fact that Oswal Tailors is an independent entity and is not the benami of the assessee-company and the business activity is being carried on by Oswal Tailors in its own name and that no evidence has been brought on record to show that the income from the export business carried on by Oswal Tailors is the income of the assessee-company. The finding of the Tribunal has not been challenged as perverse. No question of law arises. Dismissed. M. B. A./4011/FC Order accordingly.