| Citation(s) |
|---|
| 1997 SLG 9 1997 SLD 9 1997 PTD 71 (1999) 79 TAX 1 |
Supreme Court of Pakistan
Civil Petitions for Leave to Appeal Nos. 201-K, 207-K, 210-K to 215-K and 223-K to 227-K of 1995, decision dated: 3rd July, 1995.hearing DATE : 3rd July, 1995.(On appeal from the common judgment, dated 7-2-1995 of the High Court of Sindh, Karachi, passed
AJMAL MIAN AND MUKHTAR AHMED, JUNEJO, JJ
Yawar Farooqi Advocate with Special Permission of the Court with Faizanul Haq, Advocate-on-Record for Petitioner (in C.P. No. 201-K of 1995). Shahenshah Hussain, Advocate Supreme Court with A. Aziz Khan, Advocate-on-Record for Petitioner (in C.P. No. 207
Civil Petitions for Leave to Appeal Nos. 201-K, 207-K, 210-K to 215-K and 223-K to 227-K of 1995, decision dated: 3rd July, 1995.hearing DATE : 3rd July, 1995.(On appeal from the common judgment, dated 7-2-1995 of the High Court of Sindh, Karachi, passed
AJMAL MIAN AND MUKHTAR AHMED, JUNEJO, JJ
Yawar Farooqi Advocate with Special Permission of the Court with Faizanul Haq, Advocate-on-Record for Petitioner (in C.P. No. 201-K of 1995). Shahenshah Hussain, Advocate Supreme Court with A. Aziz Khan, Advocate-on-Record for Petitioner (in C.P. No. 207
Messrs CENTRAL INSURANCE CO. LTD. and others
VS
COMMISSIONER OF Income Tax and others
Law: Income Tax Ordinance, 1979
Section: 26(a),65,66A&FirstandFourthScheds
Law: Constitution of Pakistan, 1973
Section: Art.185(3)
Income Tax Ordinance (XXXI of 1979)-----Ss. 26(a), 65, 66-A & First and Fourth Scheds.---Constitution of Pakistan (1973), Art. 185(3)---Insurance Companies---Notices issued to such companies under Ss.65 & 66-A, Income Tax Ordinance, 1979, for reopening of assessment already finalised---Validity---Leave to appeal having already been granted against the of High Court which was also subject matter of petitions under consideration, in order to follow rule of consistency, leave was also granted to petitioners to consider, inter alia, whether High Court had correctly interpreted provisions of S. 26(a), Income Tax Ordinance, 1979 alongwith provisions relating to tax rate structure of First Sched. applicable to dividend income as also whether notice issued under S. 65(2), Income Tax Ordinance, 1979, was based on definite information as contemplated under law. ORDER AJMAL MIAN, J.---By this common order we intend to dispose of the above petitions which are directed against a common judgment dated 7-2-1995 passed by a Division Bench of the High Court of Sindh in Constitution petition No.D-1695 of 1993 and the other connected Constitution petitions filed by the petitioners against the notices issued by the official respondents under sections 65 and 66-A of the Income Tax Ordinance, 1979, for reopening the assessments already finalized on the ground that the dividend income received by the- petitioners which are Insurance Companies was not treated in terms of section 26-A read with the First Schedule, dismissing the same. 2. The learned counsel for the petitioners has invited our attention that this Court has already granted leave in Civil Petitions Nos.98-K to 105-K, 138-K to 142-K of 1995 and 145-K to 150-K of 1995 by an order dated 5-4-1995 to consider inter alia the following question:--- "Whether the learned Judges of the Sindh High Court at Karachi correctly interpreted the provisions of section 26(a) read with the provisions relating to Tax Rate Structure of the First Schedule applicable to dividend income as also whether notice issued under section…
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