Law: Income Tax Ordinance, 2001

Section: 80(2)(b)(v),113, 80, 80(2)

Law: Societies Registration Act, 1860

Section: 1

(a) Income Tax Ordinance (XLIX of 2001) ----Ss. 80(2)(b)(v) & 113---Societies Registration Act (XXI of 1860) S.1---Categories of "persons" under the Income Tax Ordinance, 2001---"Company" definition of---Society registered under the Societies Registration Act, 1860 to mean to be a "company" for the purpose of the Income Tax Ordinance, 2001---Scope---Contention of the assessee Society was that it did not fall within the definition of "Company" under S.80(2)(b)(v) of the Income Tax Ordinance, 2001 as it was merely registered under the Societies Act, 1860 and was not "established or constituted under any law for the time being in force"---Validity---Under S.80(2)(b)(v) of the Income Tax Ordinance, 2001 a Society established or constituted by or under any law for the time being in force shall mean to be a "company" for the purposes of the Income Tax Ordinance, 2001----Society, in the present case, was registered under the Societies Act, 1860---Society formed by the Societies Act, 1860 meant that the entity was the creation of the statute itself, in other words, the primary legislation itself established the Society, and the source being the Legislature itself; and the phrase "under an Act" meant that an entity was formed by complying with the procedure set out in the Societies Act, 1860 and not directly by the Societies Act, 1860---Society was formed under the umbrella of the Societies Act, 1860 by complying with the procedure under S.1 of the Societies Act, 1860 and did not have legal existence prior to it---Assessee Society, therefore, squarely fell within the definition of "company" under S.80(2)(b)(v) of the Income Tax Ordinance, 2001---Society, registered under the Societies Registration Act, 1860 was a body corporate established and constituted "under the Societies Registration Act, 1860" and therefore fell within the definition of "company" under the Income Tax Ordinance, 2001; hence the respondent Society was liable to pay minimum tax under S.113 of the Income Tax Ordinance, 2001---Reference was answered in negative, in circumstances. Commissioner of…