Law: Income Tax Rules, 1922

Section: 134

(a) Income-tax Ordinance (XXXI of 1979)-- ---S. 134--Additional ground--Legal question can be raised as an additional ground at any stage. CIT v. Ebrahim D. Ahmad 1982 PTD 211; 1983 PTD 246; 1984 PTD 113; 1984 PTD 48; PLD 1968 Lah. 148; PLD 1968 Lah. 372; PLD 1966 Lah. 53; PLD 1956 Lah. 916; and M.E. Mola Sons Ltd. v. Perim R. Burgorjee AIR 1932 PC 118; PLD 1958 Dacca 26 and 94 ITR 616 ref. (b) Income-tax Act (XI of 1922)--S. 15-BB (4-AA) [as amended by Finance Act, 1972]--Tax-holiday was available to assessee for a period of four years ending on 30-9-1970--Insertion of subsection (4-AA) in S.14-BB vide- Finance Act, 1972 could not have been given retrospective effect from a date prior to 20-12-1971--Assessee thus enjoyed tax ¬holiday from 1-10-1969 to 30-9-1970 and its income for this period of twelve months was exempt from tax. 1982 PTD 211 and I.-TAs. Nos. 95/96/201 of 1974-75 rel. ORDER MIAN ABDUL KHALIQ, (JUDICIAL MEMBER).--The assessee, a Public Limited. Company, deriving income from manufacture and sale of sugar has filed three further appeals impugning the separate orders passed by the learned C.I.T. (A), Zone-1, Lahore dated 10-6-1984, 30-10-1985 and 12-1-1986. For the involved assessment year 1971-72 the assessee company's accounting period was from 1-10-1969 to 30-9-1970. 2. The facts pertaining to I.TA. Nos.607/LB of 1984-85 filed on 8-8-1984 are as these. On 5-11-1973 the I-T.O. while processing ex parte assessment under section 23 (4) of the repealed Income tax Act, 1922 (hereinafter referred to as the Act) processed assessment at an income of Rs.89,89,034 against claimed exemption under Section 15 BB of the Act. The assessee took up the matter in direct appeal wherein the Tribunal vide its order in I.TA. No.3158 of 1973-74 dated 26-8-1974 without adjudicating or expressing any opinion on exemption claimed under Section 15 BB of the Act vacated the ex parte proceedings and remitted the matter for de novo decision by the I-T.O. Thereafter, on 30-6-1980 the I-T.O. while passing order under Section 23 (3)/33 of the Act, processed assessment at an income of Rs.80,84,963. In first appeal the learned C.I.T. (A) by his order dated 10-6-1984 maintained…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492