Case Details

Citation(s)
1998 SLD 583 = 1998 PTD 3702

I. T. A. No. 10198/LB/DB of 1991-92, decided on 20th April, 1998.
Muhammad Taquir Afzal Malik, Judicial Member and Inam Ellahi Sheikh, Accountant Member

Ahmad Nauman Sheikh, I.T.P. for Appellant. Abdul Rauf, D.R. and Rana Munir Hussain, L.A. for Respondent

Law:

Section:

INAM ELLAHI SHEIKH (ACCOUNTANT MEMBER).---A private limited company/deriving income from manufacture and supply of electricity meters has filed this further appeal against an order, dated 14-12-1991 recorded by the learned C.I.T. (Appeals), Zone-II, Lahore whereby the refusal of the assessing officer to treat export award received as exempt income was confirmed by the first appellate authority.   The relevant facts in brief are that the assessee supplied meters to WAPDA under an international tender arrangement and such supplies were treated as export. Such applies were said to have been made in the income year ended 30-6-1988 pertaining to the assessment year 1988-89. The assessee was awarded the export award of Rs.1,000,000 which was instituted by the Government of Pakistan vide a Notification No.3-15/88-P & C, dated 26-6-1988, The assessee was advised by the Export Promotion Bureau that it had been selected for receiving the export award on account of "Highest Engineering Goods Exports" during the year 1987-88, vide a letter, dated 19-2-1989. The assessee accounted for this award as income in the accounts and declared the same as exempt income in the return. The assessing officer confronted the assessee on this issue and thereafter, refused the claim of exemption treating the income as taxable under section 22(c) of the Income Tax Ordinance (hereinafter called the Ordinance). The learned C.I.T. (Appeals) confirmed this treatment.   The main issue decided by the learned C.I.T. (Appeals) is the assessee's claim of exemption of such income in this order which has been decided against the assessee and now agitated before us. The main contention of the learned A.R. of the assessee is that this amount of Rs.1000,000 being the export award, is at best the casual income and attracts the exemption under clause (65) of the Second Schedule to the Ordinance. The learned A.R. of the assessee has strongly objected to the application of the provision of section 22(c) of the Ordinance. The other main argument of the learned A.R. of the assessee is that this is in fact no income at all and he has referred to the meaning of the income given in the…
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