1992 PLP 332 (PTD)
COMMISSIONER OF INCOME-TAX, CENTRAL ZONE, KARACHI Versus Messrs BATH ISLAND PROPERTY & COMPANY LTD
| Citation | 1992 PLP 332 (PTD) |
| Forum / Court | Karachi High Court |
| Bench Members | Nasir Aslam Zahid and Muhammad Hussain Adil Khatri, JJ |
| Parties | COMMISSIONER OF INCOME-TAX, CENTRAL ZONE, KARACHI Versus Messrs BATH ISLAND PROPERTY & COMPANY LTD |
| Primary Law | Income Tax Ordinance (XXXI of 1979) |
Q1: What are the key laws and sections cited in 1992 PLP 332 (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 1992 PLP 332 (PTD)?
The case was heard and decided by the Karachi High Court bench comprising: Nasir Aslam Zahid and Muhammad Hussain Adil Khatri, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1992 PLP 332 (PTD) (COMMISSIONER OF INCOME-TAX, CENTRAL ZONE, KARACHI Versus Messrs BATH ISLAND PROPERTY & COMPANY LTD). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shaikh Haider for the Department.
- Rehan Hassan Naqvi for Respondent.
- Date of hearing: 21st October, 1991.
- Learned counsel for the respondent points out that similar question has already been considered and answered by this Court in the case of Commissioner of Income-tax v. Pakistan Tobacco Company Ltd. (1988 PTD 66) and that in other references the said decision has been followed including the case of Commissioner of Income-tax v. Grindwheel (Pak.) Ltd. (1991 PTD 859). Mr. Shaikh Haider, learned counsel for the department concedes to this position but informs that the department has taken the matter before the Supreme Court where appeals filed by the department are pending.
Headnotes / Summary
Sched. 1, Part III, para. A, Explanation (a) [as substituted by Finance Ordinance (II of 1978)]
Tax payable could be treated as "retained income" for purposes of levy of surcharge. Commissioner of Income-tax v. Pakistan Tobacco Company Ltd. 1988 PTD 66 and Commissioner of Income-tax v. Grindwheel (Pak.) Ltd. 1991 PTD 859 fol.
Judgment & Decree
NASIR ASLAM ZAHID, J.
On the application under section 136(1) of the Income Tax Ordinance filed by the department the following question has been referred by the Income-tax Tribunal for our opinion in respect of the assessment year 1979-80 of the assessee:-- "Whether on the facts and in the circumstances of the case, the Appellate Tribunal was justified in holding that the tax payable could be treated as retained income for purposes of levy of surcharge?" Learned counsel for the respondent points out that similar question has already been considered and answered by this Court in the case of Commissioner of Income-tax v. Pakistan Tobacco Company Ltd. (1988 PTD 66) and that in other references the said decision has been followed including the case of Commissioner of Income-tax v. Grindwheel (Pak.) Ltd. (1991 PTD 859). Mr. Shaikh Haider, learned counsel for the department concedes to this position but informs that the department has taken the matter before the Supreme Court where appeals filed by the department are pending. Following our earlier decisions, the question referred to us by the present reference application is also answered in the affirmative. There will be no order as to costs. M.B.A./C-244/K. Reference answered in the affirmative.