Law: Income Tax Ordinance, 1979

Section: 62,23,24(i),47,80D,156,Third Schedule,5(i)(c),First Schedule,16(2)(b)

JUDGMENT This order is intended to dispose off have cross appeals of the assessee and the department relating to assessment years 1993-94 to 1996-97. 2. The assessee, for the assessment year 1993-94 has assailed the order dated 21.03.1995 of the learned CIT (A) on the following grounds:- (i) that the impugned order was bad in law, on facts and in the circumstances of the case; (ii) that learned CIT (A) has erred in confirming the addition made by the Assessing Officer on account of Urea Price Adjustment (UPA) payable by the company to the Government of Pakistan; and (iii) that the learned CIT.(A) has also erred in not allowing extra shift depreciation on all fixed assets appearing under the head "Other plant and machinery". 3. For the assessment year 1994-95, the assessee, besides terming the order dated 23.06.1997 of the learned CIT (A) as being bad in law and on facts and in the circumstances of the case, has raised the following:- (i) that the learned CIT (A) has erred in not allowing extra shift depreciation on all fixed assets appearing under the head "other plant and machinery" (ii) that the learned CIT (A) has also erred in confirming the addition made by the assessing Officer on account of alleged excess perquisities under section 24(i) of the Income Tax ordinance, 1979 in respect of recreational facilities; and (iii) that the assessee may be given consequential relief in Worker's Welfare Fund. 4. In respect of assessment year 1995-96, the assessee, while terming the order dated 23.06.1997 of the learned CIT (A) as bad in law and on facts and in the circumstances of the case has impugned the same on the grounds as follows:- (i) that the learned CIT (A) has erred in not allowing extra shift depreciation on all fixed assets appearing under the head 'other plant and machinery'" (ii) that the learned CIT (A) has also erred in confirming the addition made by the Assessing Officer on account of alleged excess perquisites under section 24(i) of the Income Tax Ordinance, 1979 in respect of recreational facilities; (iii) that the learned CIT (A) has further erred in not allowing rebate on donations claimed by the assessee; and (iv) that the assessee may be given…

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