PTD 2009

2009 PTD 1499 (PLP)

COMMISSIONER OF INCOME TAX Versus ZAHID BASHIR

Jurisdiction / Court
Karachi High Court
Decided Date
I.T.A. No.73 of 1999, decided on 20th February, 2009.
Honorable Judges
Muhammad Athar Saeed and Syed Mehmood Alam Rizvi, JJ
Case Reference Summary (AEO Optimized)
Citation 2009 PTD 1499 (PLP)
Forum / Court Karachi High Court
Bench Members Muhammad Athar Saeed and Syed Mehmood Alam Rizvi, JJ
Parties COMMISSIONER OF INCOME TAX Versus ZAHID BASHIR
Primary Law Income Tax Ordinance (XXXI of 1979)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 2009 PTD 1499 (PLP)?

This judgment primarily cites: Income Tax Ordinance (XXXI of 1979) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 2009 PTD 1499 (PLP)?

The case was heard and decided by the Karachi High Court bench comprising: Muhammad Athar Saeed and Syed Mehmood Alam Rizvi, JJ.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 2009 PTD 1499 (PLP) (COMMISSIONER OF INCOME TAX Versus ZAHID BASHIR). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Income Tax Ordinance (XXXI of 1979)

Representation

  • Javed Farooqui for Appellant.
  • Khaleeq Ahmed for Respondent.

Headnotes / Summary

Ss.18 & 136

Deduction of Zakat

Appeal to High Court

Question proposed for the opinion of the High Court was "whether the Tribunal was justified in directing the Assessing Officer to allow deduction of Zakat against the income including other head of Income"

Said issue having already been settled by the High Court in case 2003 PTD 1309, question was answered in affirmative in favour of assessee and against the department. Commissioner of Income Tax, Companies-III, Karachi v. Azlak Enterprises (Pvt.) Ltd., Karachi 2003 PTD 1309 ref.

Judgment & Decree

By both these Income Tax Appeals, filed against the order of the I.T.A. No.395-KB of 1997-98, the following question has been proposed for the opinion of this Court:-- (i) "Whether under facts and circumstances of case the learned Tribunal was justified in directing the assessing officer to allow deduction of Zakat pertaining to the Income Tax Ordinance, 1979, against the income including other head of Income?" The learned counsel for the respondent pointed out that this issue has already been settled by this court in the case of Commissioner of Income Tax, Companies-III, Karachi v. Azlak Enterprises (Pvt.) Ltd., Karachi 2003 PTD 1309. From the perusal of the above judgment. We have seen that the contention of the learned counsel for the respondent is correct. Respectfully following this judgment, we answer this question in affirmative in favour of respondent and against the applicant. H.B.T./C-16/K Order accordingly.