Law: Constitution of Pakistan, 1962

Section: 98(2)

Law: Income Tax Act (XI of 1922)

Section: 4(1),30,33,2(3-A),P-A(3),34(2-A)

  Constitution of Pakistan (1962)-----Art. 98 (2) -Writ -Jurisdiction - (Income-tax Assessment) - Relief available under Income-tax Act (XI of 1922) not invokable with as much facility and convenience as by recourse to writ jurisdiction of High Court Exercise of discretionary jurisdiction, in circumstances, cannot be declined-Income-tax Act (XI of 1922), Ss. 30 & 33.   Nagina Silk Mill, Lyallpur v. The Income-tax Officer, Lyallpur PLD 1963 SC 322 fol.   Income-tax Act (XI of 1922)---S. 4(1)-Remuneration of Managing Agents Accrual or calculation depends ,got upon closing of books of account but on ascertainment of managed Company's profits-Mercantile system kept by assessee im1haterial to such determination.   E. D. Sassoon & Co. Ltd. v. Commissioner of Income-tax, Bombay A I R 1954 S C 470 and Octavius Steel ck Co. Ltd. v. The Commissioner of Income-tax, Dacca P L D 1960 S C 371 ref.   Income-tax Act (XI of 1922)-----Ss. 2 (3-A), P-A (3) & 34 (2-A)-"British India"-Company assessed before 14th August 1947 in "British India" but not in territory now comprised in Pakistan-Such company, held, "person not hitherto assessed" in Pakistan.   Income-tax Act (XI of 1922)----S. 34 (2-A)-Operation of provision retrospective-Assessment framed in pursuance there of validity not open to challenge on ground of lapse of time Interpretation of statutes.   Dates of hearing: 5th, 6th and 7th January 1965.   JUDGMENT   WAHIDUDDIN AHMED, J.----Messrs Cement Agencies (Private) Ltd., Bombay the petitioners are the Managing Agent of Associated Cement Companies Limited, Bombay, who owns two cement factories in Pakistan; one at Rohri and the other at Wah. By agreement dated 14th January 1937, the petitioners were appointed as the Managing Agent of the Associated Cement Companies Limited for a period of fifteen years from the date of the registration of the Managed Company. The Income-tag Officer, Central Circle II, Karachi, issued a notice on 11th December 1962, to them under section 34(2-A) of the Income-tax Act on the ground that their income assessable to income-tax for the year ending 31st…