Law: Income Tax Ordinance, 2001

Section: 88a,103,122(5A),122(9),133,133(1)

Law: General Clauses Act, 1897

Section: 24A

Income Tax Ordinance (XLIX of 2001)-- --Ss. 133 & 88A [since omitted]--Share profits of company to be added to taxable income--Reference to High Court--Findings of facts--Scope--Department assailed order passed by Appellate Tribunal on the ground that it ignored the provisions of S.88A of Income Tax Ordinance, 2001 while holding that share from Association of Persons (AOP) was not liable to be charged in the hands of taxpayer-- Validity--Appellate Tribunal, after appreciating the available record had endorsed the findings given by Commissioner of Inland Revenue (Appeals) whereby he had held that the taxpayer had filed its separate statement of final taxation based on separate audited accounts and that the taxpayer had 70% shares in the total receipts and expenses of AOP and on the basis of IAS-31, which was incorporated in the final accounts of the taxpayer, hence, there was no occasion for any proration as the same was never part of its income tax return-- Concurrent findings of facts recorded by two appellate fora under the Income Tax Ordinance, 2001, unless found to be perverse and contrary to record, could not be interfered with by the High Court, while examining questions of law proposed under S. 133 of Income Tax Ordinance, 2001--Scope of Reference jurisdiction was restricted to the extent of examining questions of law arising from order passed by Appellate Tribunal and it did not extend to deciding questions of facts or determination of disputed facts--Only substantial legal questions could be examined, which arose 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 did not constitute a question of law to be decided by High Court--High Court declined to exercise its advisory jurisdiction-- Reference application was decided against the applicant department. Messrs F.M.Y. Industries Ltd. v. Deputy Commissioner Income Tax 2014 SCMR 907; Commissioner Inland Revenue, Zone-I v. Messrs Industrial Chemicals (Pvt.) Ltd. 2017 PTD 756; Commissioner of Income Tax v. Ghee Corporation of Pakistan (Pvt.) Ltd. 2017 PTD 1167,…

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