| Citation(s) |
|---|
| 1976 SLG 34 1976 SLD 34 (1996) 76 TAX 126 1998 PTD 290 |
Appellate Tribunal Inland Revenue
I.T.As. Nos.905/113; 906/113 of 1991-92, 963/113 of 1993-94,1053/IB, 1054/IB, 960/113 to 962/113 of 1993-94, 140/113 and141/113 of 1994-95, decision dated: 10-07-1997, hearing DATE: 8th April 1997.
MUHAMMAD MUJIBULLAH SIDDIQUI, CHAIRMAN, RASHID A. SHEIKH, JUDICIAL MEMBER AND HAMIDULLAH MALIK, ACCOUNTANT MEMBER.
Abdul Jalil, D.R. for Appellant (in I.T.As. Nos.905/IB and 906/113 of 1991-92)Khalid Majeed, F.C.A. for
Respondent (in I.T.As. Nos.905/IB and 906/113 of 1991-92)Khalid Majeed, F.C.A. for Appellant (in I.T.A. No. 963/IB of 1993-94)Abdul Jalil, D. R.
I.T.As. Nos.905/113; 906/113 of 1991-92, 963/113 of 1993-94,1053/IB, 1054/IB, 960/113 to 962/113 of 1993-94, 140/113 and141/113 of 1994-95, decision dated: 10-07-1997, hearing DATE: 8th April 1997.
MUHAMMAD MUJIBULLAH SIDDIQUI, CHAIRMAN, RASHID A. SHEIKH, JUDICIAL MEMBER AND HAMIDULLAH MALIK, ACCOUNTANT MEMBER.
Abdul Jalil, D.R. for Appellant (in I.T.As. Nos.905/IB and 906/113 of 1991-92)Khalid Majeed, F.C.A. for
Respondent (in I.T.As. Nos.905/IB and 906/113 of 1991-92)Khalid Majeed, F.C.A. for Appellant (in I.T.A. No. 963/IB of 1993-94)Abdul Jalil, D. R.
Law: Income Tax Ordinance, 1979
Section: 26(b),FifthSched.,PartI,R.6(6),12(5),32
Law: Regulation of Mines and Oil-Fields and Mineral Development (Federal Control) Act, 1948
Section: 2,3A&4
Law: Pakistan Petroleum Production Rules, 1949
Section: 8.41
Law: Pakistan Petroleum (Refining Blending and Marketing) Rules, 1971
Section: 41
(a) Income Tax Ordinance XXXI of 1979)----S. 26(b) & Fifth Sched., Part I, R. 6(6)---Pakistan Petroleum Production Rules, 1949, R. 41---Regulations of Mines and Oilfields and Mineral Development (Government Control) Act (XXIV of 1948), Ss. 2, 3-A & 4--¬Income from exploration and production of petroleum---Liquefied petroleum gas (L.P.G.) and Petroleums, crude oil, natural gas and casing-head petroleum spirit---Natural---Expression "petroleum" had not been defined in Fifth Sched to Income Tax Ordinance, 1979 but by way of legislation by reference, the definition contained in Pakistan Petroleum Production Rules, 1949 had been incorporated with further restriction that refined petroleum would not be included in the said definition-- "Petroleum", meant crude oil, natural gas and casing-head petroleum spirit but excluded refined petroleum products ---Liquefied petroleum gas (L.P.G.) being mainly consisting of propane and butane was to be taken as crude oil, natural gas and casing-head petroleum spirit with exclusion of refined petroleum products. (b) Pakistan Petroleum Production Rules, 1949--- ---8. 41---"Petroleum" concession agreement---Definition of terms--¬Existence of conflict between definition of terms---Effect---In case of conflict between definition of any terms contained in the Rules and Agreement, terms of Agreement shall prevail. (c) Income Ordinance (XXXI of 1979)--- --Fifth Sched., Part I, R. 6(6)---Regulations of Mines and Oilfields and Mineral Development (Government Control) Act, 1948---Petroleum concession agreement--- Cumulative effect----Cumulative effect of all the provisions is that the profits and gains of, the business in pursuance of petroleum concession agreement were to be computed in accordance with the Fifth Sched to the Income Tax Ordinance, 1979. (d) Income Tax Ordinance (XXXI of 1979)--- ---Fifth Sched., Part I, R. 6(6)---Liquefied Petroleum Gas (L.P.G.)---Not a refined petroleum---Reasons stated in details. (e) Income Tax Ordinance (XXXI of 1979)--- ----Fifth Sched., Part I, R. 6(6)---Income from business of L.P.G.--¬Assessment of ---Liquified Petroleum Gas being not refined petroleum product was included in expression…
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