PTD 2006

2006 PLP 660 (PTD)

COMMISSIONER OF INCOME TAX/WEALTH TAX Versus LAHORE CANTT. COOPERATIVE HOUSING SOCIETY

Jurisdiction / Court
Lahore High Court
Decided Date
Income Tax Appeal No. 642 of 1999, decided on 27th October, 2005.
Honorable Judges
Muhammad Sair Ali and Sh. Azmat Saeed, JJ
Case Reference Summary (AEO Optimized)
Citation 2006 PLP 660 (PTD)
Forum / Court Lahore High Court
Bench Members Muhammad Sair Ali and Sh. Azmat Saeed, JJ
Parties COMMISSIONER OF INCOME TAX/WEALTH TAX Versus LAHORE CANTT. COOPERATIVE HOUSING SOCIETY
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 2006 PLP 660 (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 2006 PLP 660 (PTD)?

The case was heard and decided by the Lahore High Court bench comprising: Muhammad Sair Ali and Sh. Azmat Saeed, JJ.

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

Cite this legal precedent as: 2006 PLP 660 (PTD) (COMMISSIONER OF INCOME TAX/WEALTH TAX Versus LAHORE CANTT. COOPERATIVE HOUSING SOCIETY). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Income Tax Ordinance (XXXI of 1979)

Representation

  • Shahid Jamil Khan for Appellant.
  • Date of hearing: 27th October, 2005.

Headnotes / Summary

Ss. 2(16) & 80-B

Cooperative Society registered under Cooperative Societies Act, 1925

Status

Such Society not a company within meaning of and as defined by Income Tax Ordinance, 1979. Commissioner of Income Tax, Companies Zone-II, Lahore v. Messrs Iqbal Avenues Cooperative Housing Society Ltd., Lah 2005 PTD 2343 fol.

Judgment & Decree

This appeal under section 136 of the Income Tax Ordinance, 1979 arises out of a decision of the Income Tax Appellate Tribunal dated 30-8-1999. The sole question attempted to be raised by the Appellate department for expression of opinion by this Court is that whether the respondent assessee, a Cooperative Society registered under the Cooperative Societies Act, 1925 is company for the purposes of Income Tax Ordinance, 1979.

2. An identical legal question came up for expression of opinion before this Court in PTR No.68 of 2001. This Court in its decision reported as Commissioner of Income Tax, Companies Zone-II, Lahore versus Messrs Iqbal Avenues Cooperative Housing Society Ltd., Lahore 2005 PTD 2343 (Lahore High Court) held that a Cooperative Society registered under the Cooperative Societies Act, 1925 is not a company within the meaning of and as defined by the Income Tax Ordinance, 1979.

3. This Court has already expressed the opinion in respect of the question attempted to be raised through this appeal, in the case of Commissioner of Income Tax (Supra). Hence, this appeal is disposed of in the above terms. Order accordingly. S.A.K./C-4/L Order accordingly.