PTD 1997

1997 PLP 70 (PTD)

MAUSER M/S SH. SPINNING MILLS and others Versus FEDERATION OF PAKISTAN

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Civil Petitions for Leave to Appeal Nos. 293, 295, 297, 298, 280, 302 to 314, 316 to 326 and 333 to 343-L of 1995, decided on 12th April, 1995.
Honorable Judges
Saad Saood Jan, Manzoor Hussain Sial and Zia Mehmood Mirza, JJ
Case Reference Summary (AEO Optimized)
Citation 1997 PLP 70 (PTD)
Forum / Court Supreme Court of Pakistan
Bench Members Saad Saood Jan, Manzoor Hussain Sial and Zia Mehmood Mirza, JJ
Parties MAUSER M/S SH. SPINNING MILLS and others Versus FEDERATION OF PAKISTAN
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 1997 PLP 70 (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 1997 PLP 70 (PTD)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Saad Saood Jan, Manzoor Hussain Sial and Zia Mehmood Mirza, JJ.

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

Cite this legal precedent as: 1997 PLP 70 (PTD) (MAUSER M/S SH. SPINNING MILLS and others Versus FEDERATION OF PAKISTAN). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Income Tax Ordinance (XXXI of 1979)

Representation

  • Mian Saqib Nisar, Advocate Supreme Court, Ch. Muhammad Aslam, Advocate-on-Record, Syed Zahid Hussain, Advocate Supreme Court, S. Inayat Hussain, Advocate-on-Record, Mehmood A. Qureshi, Advocate-on -Record and Umer Atta Bindial (with permission of Court for Petitioners).
  • Nemo for Respondent
  • Date of hearing: 12th April, 1995

Headnotes / Summary

Ss. 80-C, 80-CC & 80-D

Constitution of Pakistan (1973), Art. 185(3)-- Leave to appeal having been granted in some other cases to consider similar legal issue as had been raised in petitions for leave to appeal under consideration, therefore, leave to appeal was granted to petitioners

During pendency of appeals if appellants undertook that they would pay tax as levied or leviable under Ss. 80-C, 80-CC & 80-D, Income Tax Ordinance, 1979, with interest at the rate of 2 per cent. over bank rate in the event appeals were dismissed, recovery of tax would remain suspended.

Judgment & Decree

SAAD SAOOD JAN, J.

Leave to appeal has been granted in C.P No.234-L of 1995 on 4-4-1995 to consider the same legal issue as has been raised in these petitions. Leave to appeal is therefore granted in these petitions as well. All the appeals should be heard together at an early date.

2. During the pendency of the appeals if the appellants undertake that they shall pay the tax as levied or leviable under sections 80-C, 80-CC and 80-D of the Income Tax Ordinance, with interest at the rate of 2 % over the bank rate in the event the appeals are dismissed, the recovery of the tax shall remain suspended. A.A/S-1060/S Leave granted