Law: Income Tax Ordinance, 2001

Section: 34(5),122(5A),133,133(5)

Income Tax Ordinance (XLIX of 2001)-- --S.133--Reference to High Court--Scope--Only substantial legal questions can be examined which may arise from an order passed by the Appellate Tribunal whereas questions requiring no interpretation of any provision of law, rules or regulations or its application on undisputed facts of a case do not constitute a question of law to be decided by the High Court under its reference jurisdiction. Messrs F.M.Y. Industries Ltd. v. Deputy Commissioner Income Tax 2014 SCMR 907; Commissioner Inland Revenue, Zone-I v. Messrs Ltd. Industrial Chemicals (Pvt.) Ltd. 2017 PTD 756; Commissioner of Income Tax v. Ghee Corporation of Pakistan (Pvt.) Ltd. 2017 PTD 1167; Commissioner Inland Revenue v. Messrs Adeel Brothers 2017 PTD 1579 and Commissioner Inland Revenue, Zone-II v. Al-Hamad International Container Terminal (Pvt.) Ltd. 2017 PTD 2212 ref. ORDER Through instant Reference Application under Section 133 of the Income Tax Ordinance, 2001 ("Ordinance of 2001"), the following question of law, asserted to have arisen out of impugned order dated 09.08.2010, passed by learned Appellate Tribunal Inland Revenue, Lahore Bench, Lahore ("Appellate Tribunal"), has been proposed for our opinion:- "Whether under the facts and in the circumstances of the case, the learned Appellate Tribunal was justified to make its own interpretation of section 34(5) of the Income Tax Ordinance, 2001?" 2. Brief facts of the case arc that assessment for the tax year 2005, filed by respondent-taxpayer, was amended under Section 122(5A) of the Ordinance of 2001 to determine income at Rs. 162,281,433/- which was inclusive of addition of Rs. 25,266,317/- on account of bad debts/receivable written off made under Section 34(5) of the Ordinance of 2001. Feeling aggrieved, respondent-taxpayer challenged the said order in appeal before CIR (Appeals), which was partly allowed vide order dated 31.03.2007 and addition made under section 34(5) was reduced to Rs. 16,342,153/-. Being dissatisfied, applicant-department and respondent-taxpayer filed their respective appeals before learned Appellate Tribunal, wherein addition has been deleted and both the appeals were disposed of.…

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