Law:

Section:

a) Punjab Finance Act (IX of 1963)- -- S. 16 (1) and Provisional Constitution Order (1 of 1981), Art. 9--Immovable property-Words "sale of transfer"-Meaning--Sale of immovable property means transfer of ownership of immovable property but transfer of immovable property means transfer of any right in immovable property not necessarily right of ownership which has effect of immovable property getting out of hands of one person and coming into those of another-To hold otherwise, held, would make words "or transfer" meaningless. =[Words and phrases]. (b) Interpretation of statutes- -- Legislature-Does not use any word in a statute without a purpose. (c) Punjab Finance Act (IX of 1963)- -- S. 16(1)-Transfer of rights in disputed land, held, transfer of immovable property, Trader and Miners Ltd. v. Commissioner of Income-tax, Bihar Orissa (1955) 27 1 T R 341 rel. (d) Punjab Finance Act (IX of 1963)- -- S. 16 (1) .and Provisional Constitution Order (1 of 1981), Art. 9-Transfer-Capital Gain Tax-Transaction by which lessee and her co-lessee transferred their rights as lessees of disputed land amounting to transfer of immovable property and liable to pay capital gain tax. JUDGMENT The facts giving rise to this Constitutional petition are that the petitioner, Mst. Tasneem Sana, and another, namely, Fauzia Adeeb, obtained a piece of land from the Military Estate Officer, Rawalpindi Division, Rawalpindi, on lease. This land is situate in the area of the Rawalpindi Cantonment. Consideration for the lease was Rs. 9,000. It was created for thirty years and this period could be extended upto ninety years. The annual rent was fixed at Rs. 450. After getting the said land, the lessees transferred it in favour of Mst. Samar lqbal for a sum of Rs. 35,000 by executing a sale-deed. The Excise and Taxation Officer, Rawalpindi, did not treat the consideration of Rs. 35,000 as adequate and made the following assessment for the purpose of realising capital gains tax : "(1) Cost of the plot Rs. Nil (2) Payment to M. E. O. Rs.4,500 (3) Expenses of construction of Gate and Road to the best judgment Rs. 8,000 (4) Fair Price determined Rs. 2,50,000 The petitioner challenged the order of the…

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