Law: Income Tax Ordinance, 2001

Section: 122(5A),133(1),SecondSched.,Part-I,Cl.10 0

Income Tax Ordinance (XLIX of 2001)--- ----Ss.122(5A), 133 (1) & Second Sched., Part-I, Cl. (100)---Reference to High Court---Scope---Nature of business, determination of---Trading receipts---Concurrent findings of fact by two forums below---Controversy related to receipts which were earned by assessee on account of operational and maintenance of generators' service provided by it to its customers, without being involved into any trading activity---Neither there was any sale transaction involved nor any goods or property was transferred by assessee to its customers---Validity---Authorities did not assign any reason while treating the receipts earned from operation and maintenance of generators' services as trading activity and his order was based on mere presumption and mis-interpretation of a decision which did not relate to subject controversy---Finality was attached to all judicial and quasi-judicial orders and unless all conditions which might be provided under law to recall, amend and modify such order, such order could not be recalled, amended or modified on mere presumption or by merely given a different interpretation to facts of the case---Controversy was decided by recording concurrent finding on facts of the case and the same could not be interfered with by High Court while exercising its reference jurisdiction under S. 133(1) of Income Tax Ordinance, 2001, unless such concurrent finding on facts was perverse or some grave illegality had been pointed out---Authorities failed to point out any such error or illegality in order passed by Appellate Tribunal, which otherwise depicted correct factual and legal position and did not require any interference by High Court in its reference jurisdiction, as the same was limited only to the extent of deciding question of law which could arise from the order passed by Appellate Tribunal---Reference was dismissed in circumstances. Messrs Tanveer Textile Mills Ltd. v. Commissioner of Income Tax, Central Zone 'C', Karachi 1989 PTD 1137 distinguished. Messrs Ahmad Karachi Halva Merchants and Ahmad Food Products v. The Commissioner of Income-Tax, South Zone, Karachi 1982 SCMR 489 and Messrs Japan Storage Battery…

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