2005 PLP 1918 (PTD)
Messrs HYBRID TECHNICS (PVT.) LTD. Versus INCOME TAX APPELLATE TRIBUNAL and others
| Citation | 2005 PLP 1918 (PTD) |
| Forum / Court | Lahore High Court |
| Bench Members | Mian Saqib Nisar and Sh. Azmat Saeed, JJ |
| Parties | Messrs HYBRID TECHNICS (PVT.) LTD. Versus INCOME TAX APPELLATE TRIBUNAL and others |
| Primary Law | Income Tax Ordinance (XXXI of 1979) |
Q1: What are the key laws and sections cited in 2005 PLP 1918 (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 2005 PLP 1918 (PTD)?
The case was heard and decided by the Lahore High Court bench comprising: Mian Saqib Nisar and Sh. Azmat Saeed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1918 (PTD) (Messrs HYBRID TECHNICS (PVT.) LTD. Versus INCOME TAX APPELLATE TRIBUNAL and others). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zia Haider Rizvi for Appellant.
- Shahid Jamil Khan for Respondents.
- Date of hearing: 15th December, 2004.
Headnotes / Summary
Ss. 55, 80-C & 136 & Sched. II, Part 4, cl.(9)
Option for, assessment
Appeal before High Court
Assessee, for the assessment year 1995-96, which was for the income year 1994-95, was assessed under provisions of S.80-C of Income Tax Ordinance, 1979
Contention of assessee was that according to Sched-II, Part 4, cl.(9) Income Tax Ordinance, 1979 which was amended through Finance Act, 1996, option had been given to assessee, either to be assessed under the provisions of S.80-C or under the normal law
Before the said amendment, no option was available to assessee except to be assessed under S.80-C of Income Tax Ordinance, 1979
As case of assessee was for the year prior to the amendment which had no retrospective effect, S.80-C of Income Tax Ordinance, 1979 was inapplicable to the case of assessee.
Judgment & Decree
For the assessment year 1995-96, which was for the income year, 1994-95, the appellant was assessed under the provisions of section 80C of the Income Tax Ordinance. The question posed in the present reference, is as follows:-- "Whether on the facts and in the circumstances of the case the Assessing Officer was legally correct that assessee liable to be tax under section 80-C once he had filed Return in compliance to section 55 of the Ordinance."
2. Learned counsel for the appellant contends, that according to Schedule-II, part. 4, Clause 9, which was amended through Finance Act, 1996, the option has been given to the assessee, either to be assessed under the provisions of section 80C, or under the normal law; the view taken by the DCIT as also by the Tribunal, that the option was not available for the relevant year, is erroneous. We are afraid that the above contention has no force; the position is otherwise. Before the above amendment, there was no option available to the appellant, except to be assessed under section 80-C of B the Ordinance, as the case of the appellant is for the year prior to the amendment, which has no retrospective effect and thus was inapplicable to the appellant's case. Answered accordingly. H.B.T./H-72/L???????????????????????????????????????????????????????????????????????????????????? Appeal dismissed.