2002 PLP (Trib (PTD)
N/A
| Citation | 2002 PLP (Trib (PTD) |
| Forum / Court | Income-tax Appellate Tribunal Pakistan |
| Bench Members | Muhammad Tauqir Afzal Malik, Judicial Member and |
| Parties | N/A |
| Primary Law | Income Tax Ordinance (XXXI of 1979) |
Q1: What are the key laws and sections cited in 2002 PLP (Trib (PTD)?
This judgment primarily cites: Income Tax Ordinance (XXXI of 1979) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2002 PLP (Trib (PTD)?
The case was heard and decided by the Income-tax Appellate Tribunal Pakistan bench comprising: Muhammad Tauqir Afzal Malik, Judicial Member and.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 PLP (Trib (PTD) (N/A). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zia Haider Rizvi for Appellant (in I.T.As. Nos.3977/LB to 3979/LB of 1996 and 2462/LB to 2466/LB of 1998).
- Nemo for Respondent (in I.T.As. Nos.3977/LB to 3979 of 1996 and 2462/LB to 2466/LB of 1998).-
- N.emo for Appellant (in I.T.As. Nos.408/LB to 410/LB, 6600/LB, 7017/LB of 1992-93, 4666/LB to 4668/LB of 1997, 128/LB, 2480/LB and 2481./LB of 1998).
- Zia Haider Riavi for Respondent (in I.T.As. Nos.408/LB to 410/LB, 6600/LB, 70'17/LB of 1992-93, 4666/LB to 4668/LB of 1997, 128/LB, 2480/LB and 2481/LB of 1998).
- Date of hearing: 22nd December, 2001.
- Nemo for Respondent (in I.T.As. Nos.3977/LB to 3979 of 1996 and 2462/LB to 2466/LB of 1998).‑
- Zia Haider Riavi for Respondent (in I.T.As. Nos.408/LB to 410/LB, 6600/LB, 70'17/LB of 1992‑93, 4666/LB to 4668/LB of 1997, 128/LB, 2480/LB and 2481/LB of 1998).
Headnotes / Summary
First Sched., Part II
Super tax
Income Tax Appellate Tribunal applying the rule laid down by the Supreme Court in Union Council Ali Wahan, Sukkur v. Associated Cements (Pvt.) Ltd. 1993 SCMR 468 held that assessee was not entitled to 5 % rebate on super-tax. 1993 SCMR 468 fol.
Judgment & Decree
4. A.R. is present and has been heard. None present for the Revenue
5. The order of the Supreme Court and the specific directions contained therein are as under:‑‑
10. We have heard the parties' counsel who after long debate consented for disposal of these appeals by passing following order:‑‑ (i) Let the Income Tax Appellate Tribunal, Lahore reconsider the cases of appellants after taking into consideration Form "A" issued by Registrar, Joint Stock Companies under section 156 of the Companies Ordinance, 1984 pertaining to years 1989‑90 and 1990‑91. (ii) If Tribunal on having gone through Form "A" formed opinion that Government of Punjab and shares in these companies not less than 5096 only then they would be entitled for rebate of 5% on super tax. (iii) If the Income Tax Tribunal on having gone through these Forms opined that prior to dissolution of PIDB by Government of Punjab vide Notification, dated January 1,1998 less than 50% shares of the Company were not in the name of Provincial Government Punjab but it were in the name of Board then appellants shall not be entitled for 5 % rebate on super tax in view of the judgment of this Court reported in 1993 SCMR 468 and in such situation appellants shall, be bound to pay super tax without claiming rebate and they will also be estopped to agitate their grievance in this behalf in any other manner. (iv) Let the Tribunal dispose of cases expeditiously as far as possible within a period of two months preferably after receipt thereof. (v) Parties are left to bear their own costs.
6. A.R. of the assessee and Mr. Khalil Ahmed, Stenotypist of the Registrar, Joint Stock Companies is present with record. He was ordered to place the original relevant record before the Court and with the assistance of the A.R.‑‑ (1) Form‑A for Annual Return starting from 28‑6‑1989‑(Exh. Mark "A"). (2) Exh. Mark "B: 30‑6‑1990. (3) Exh. Mark "C" 30‑6‑1991. have been perused. Photostat copies of the same have been requisitioned from the concerned clerk, who have attested them, and placed on record exhibited as Marks‑A, B and C. The relevant information is on page 3 in all exhibits which have been highlighted and signed (by me the author of this judgment). In Exhs. Marks‑A, B and C shares of the Board are to the tune of 4999990 out of 500000.
7. In this view of the matter the assessee is not entitled to 5% rebate on super tax in view of the judgment reported as 1993 SCMR 468.
8. Both the abovesaid appeals are disposed of in the abovesaid manner . . . . C.M.A./M.A.K./264/Tax(Trib.)?????????????????????????????????????????????? Appeals disposed of.