2006 PLP 1557 (PTD)
COMMISSIONER OF INCOME TAX, COMPANIES ZONE-I, LAHORE Versus S.M. RIAZ & SONS (PVT.) LTD.
| Citation | 2006 PLP 1557 (PTD) |
| Forum / Court | Lahore High Court |
| Bench Members | Nasim Sikandar, J |
| Parties | COMMISSIONER OF INCOME TAX, COMPANIES ZONE-I, LAHORE Versus S.M. RIAZ & SONS (PVT.) LTD. |
| Primary Law | Income Tax Ordinance (XXXI of 1979) |
Q1: What are the key laws and sections cited in 2006 PLP 1557 (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 1557 (PTD)?
The case was heard and decided by the Lahore High Court bench comprising: Nasim Sikandar, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1557 (PTD) (COMMISSIONER OF INCOME TAX, COMPANIES ZONE-I, LAHORE Versus S.M. RIAZ & SONS (PVT.) LTD.). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ilyas Khan for Appellant.
- Zia Haider Rizvi for Respondent.
- Date of hearing: 17th November, 2005.
Headnotes / Summary
Ss. 134, 136 & 156
First order of Appellate Tribunal disposing of appeal while maintaining order-in-original
Second order of Appellate Tribunal dismissing appeal for want of merit after recalling its first order on a miscellaneous application for rectification under S.156 of Income Tax Ordinance
Appeal before High Court against such second order of Appellate Tribunal
High Court with consent of parties, set aside both such orders of the Tribunal, resultantly, appeal would be deemed to be pending before Appellate Tribunal to be heard and decided afresh in accordance with law.
Judgment & Decree
NASIM SIKANDAR, J.
Through this single judgment we intend to dispose of Income Tax Appeals Nos. 528 to 532 of 1998.
2. The Lahore Bench of Income Tax Appellate Tribunal on 4-4-1998 heard and disposed of five departmental appeals for the assessment years 1991-92, 1992-93, 1994-95,_1995-96, 1996-97 in re: DCIT/Wealth Tax, Companies Zone-I, Lahore v. Messrs S.M. Riaz & Sons (Pvt.) Ltd., Lahore. In the order so recorded it was concluded that "total sales of the assessee/respondent are the real turnover and the tax on cigarettes sale @ 0.1% and tax 0.5% on the other turnover/sales have been rightly charged."
3. Subsequently on a miscellaneous application moved by the assessee learned Members of the Tribunal on 30-6-1998 recalled the above order and fixed the departmental appeals for afresh hearing. On second hearing all departmental appeals were dismissed for want of merit on 2-9-1998. The second order has been assailed before us in these. Income Tax Appeals.
4. Heard the learned counsel for the parties. Both of them agree that the proposition if minimum tax under section 80-D was chargeable on commission instead of gross turnover of the assessee needs to be reconsidered by the Tribunal. It is so far the most important reason that the learned counsel representing the assessee has not seriously contested the reversal of original order on a miscellaneous application for rectification under section 156 of the late Ordinance, 1979. The contention of the learned counsel for the Revenue that the second order . dated 2-9-1998 which is impugned in these appeals could not have been passed under section 156 (rectification application of mistake) of the late Income Tax Ordinance, 1979, therefore, is a foregone conclusion. At the same time he agrees that setting aside of the second order, dated 2-9-1998 would prejudice the case of the respondent-assessee in as much as the restoration of the first order, dated 4-4-1998 will bar his further remedy on account of the time which has passed since then.
5. Therefore, with the consent of the parties both the orders of the Tribunal, dated 4-4-1998 and 2-9-1998 recorded on the above stated departmental appeals shall be set aside. These appeals shall be deemed pending before the Tribunal to be heard and decided afresh in accordance with law.
6. Appeals succeed to the above extent. S.A.K./C-15/L???????????????????????????????????????????????????????????????????????????????????? Order accordingly.