Law: Income Tax Ordinance, 2001

Section: 21(l),21(m),22(15),122(1),133

Income Tax Ordinance (XLIX of 2001)----Ss.21(l)(m), 22(15) & 133-Depreciation, claim of-Disallowance of expenses-Concurrent findings of facts-Authorities were aggrieved of finding of Appellate Tribunal holding that claim of initial and normal depreciation were allowable in spite of facts that same related to repair and maintenance-Validity-Question relating to disallowance of expenses or claiming depreciation on fixed assets while transferring expenses on construction work incurred in previous years which was completed during tax year under consideration were questions of fact which had been dealt with in detail by forums below by recording concurrent findings on such facts-Such finding of facts could not be disturbed in Reference under S. 133 of Income Tax Ordinance, 2001, unless such concurrent finding was either perverse or contrary to record-Findings of facts did not give rise to a question of law which could be entertained by High Court under its reference jurisdiction- No merit was found in reference application, whereas questions proposed ^were questions of facts and no question of law had arisen from order passed by Appellate Tribunal --- Reference was dismissed in circumstances. Commissioner of Income Tax v. Electronic Industries Ltd. Karachi 1988 PTD 111 and E.M. Oil Mills and Industries Ltd. v. Commissioner of Income Tax, Audit Division II, Companies III, Karachi 2011 PTD 2708 rel. ORDER AQEEL AHMED ABBASI, J.-Through instant reference application, applicant department has proposed the following questions, which according to the learned counsel for the applicant, are questions of law arising from the impugned order passed by the Appellate Tribunal Inland Revenue of Pakistan, Karachi, ITA No.352/KB/2010 (Tax Year 2007) under Section 122(1):- "(1) Whether on the facts and under the circumstances of the case learned ATIR, Karachi was justified in holding that the claim of initial and normal depreciation are allowable inspite of the facts that the same relates to 'repair and maintenance' keeping in view the provisions of Section 22(15) of the Income Tax Ordinance, 2001, disentitled the taxpayer in claiming the depreciation on both the corners? (2)…

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