Law: Income Tax Ordinance, 2001

Section: 80,113,122,122(5A),80(2)(b)(v),SecondSch ed.,Cl.(92)

[Income Tax Ordinance (XLIX of 2001)].....Sections. 80(2)(b)(v), 113, 122(5A) & Second Sched, Cl. (92)---Amendment of assessment---Exemption---Society registered under Societies Registration Act, 1860---Status---Taxpayer was society registered under Societies Registration Act, 1860, was a non-profit organization imparting deduction on no profit no-gain basis---Taxation Officer treated the taxpayer within the definition of a `company' on the' ground that taxpayer had filed its return of income of return claiming exemption under Cl. 92 of the Second Schedule to the Income Tax Ordinance, 2001 and passed an ex parte order and charged minimum tax under S.113 of the Income Tax Ordinance, 2001---First Appellate Authority annulled the order by holding that the taxpayer being an educational society, did not fall within the definition of 'company' and that the definition of 'company' made exclusion of societies registered under Societies Registration Act, 1860: and that society was not established under the specific Act---Validity---Order of First Appellate Authority, annulling that of the Taxation Officer, was based on correct interpretation of provisions of law and had been passed by applying judicious mind after going through the facts of the case and keeping in view the settled law---Order of First Appellate was upheld by the Appellate Tribunal. 1998 PTD 2017; CIT v. Messrs Engineering Cooperative Housing Society Lahore 2000 PTD 388 and CIT v. Messrs Spring Field Secondary School Karachi 2003 PTD 1264 rel. THIS ORDER PASSED BY: SYED MUHAMMAD JAMIL RAZA ZAIDI, JUDICIAL MEMBER:-------------- These departmental appeals are directed against the consolidated order of learned CIT(A) dated 28-1-2010. The Department has taken the following common grounds of appeal for tax years 2004 and 2005: "(2) That learned CIR (Appeals) Hyderabad was not justified to hold that the taxpayer being an educational society, did not fall within the definition of company. (3) That learned CIR(Appeals) Hyderabad was not justified to hold that definition of company made exclusion of Societies registered under Societies Registration Act. (4) That learned CIR (Appeals) Hyderabad was not…

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