Law: Income Tax Ordinance, 1979

Section: 80D&SecondSched.,Cls.118C,112D&118-E,8

(a) Income Tax Ordinance (XXXI of 1979)----Preamble---Any clarification by the C.B.R. or by the Justice and Law Division would not curtail the powers vesting in the adjudicating Authorities under the Income Tax Ordinance, 1979 for decision of issue. (b) Income Tax Ordinance (XXXI of 1979)--- ----S.8---Circular No.2(98)IT-Jud/94, dated 11-12-1997---Circular by C.B.R. being of no, legal effect could not affect the jurisdiction of the adjudicating officer in taking an independent decision. (c) Income Tax Ordinance (XXXI of 1979)-- ----S.80-D & Second Sched., Cls. 118-C, 112-D & 118-E---C.B.R. Circular No.C.2(98)IT-Jud/94, dated 11-12-1997---Protection of Economic Reforms Act (XII of 1992), Preamble---Deduction of tax---Application for refund---Department would consider the application for the refund of amount of tax deducted under S. 80-D of the Ordinance in the light of of the Supreme Court on the subject and the Authorities are legally bound to decide the application without being influenced by the C.B.R. Circular--¬Protection of Economic Reforms Act (XII of 1992), being a special statute and subsequent in time would prevail over S.80-D of the Ordinance. (d) Income-tax--- ----Question of fact- --Questions as to whether a particular assessee fulfils the conditions of the notification being a question of fact would be determined by the hierarchy of forums provided under the Ordinance. JUDGMENT This order will dispose of Writ Petitions Nos.6673 of 1998 and 6667 of 1998, as the same arise in the similar situation and raise common questions of law. 2. The petitioners, in these Constitutional petitions, are aggrieved by refusal of the respondents to consider their request for waiver of charge of minimum tax under section 80-D of the Income Tax Ordinance, 1979 and for refund of payment made in lieu thereof. The case of the petitioner, is that the incentive was given for rapid industrialisation and to provide equitable economic opportunities. The petitioner, in view of the incentive given and protection provided by the Economic Reforms Act, 1992 was exempt from tax under Clause (118-A) of Part I of Second Schedule of the Income Tax Ordinance, 1979. The issue…

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