Law: Income Tax Ordinance, 1979

Section: 136,SecondSched.,137

(a) Income Tax Ordinance (XXXI of 1979)---Second Sched., para.118-E---Constitution of Pakistan (1973), Art. 185(3)---Exemption---Leave to appeal was granted by Supreme Court to consider as to whether assessment was correctly made and whether the assessee-company was denied the benefit, of exemption granted under para. 118-E, Second Sched. to Income Tax Ordinance, 1979 on solid and good grounds. (b) Income Tax Ordinance (XXXI of 1979)--- ----S.136---Reference---"Question of law" or "question of fact"---Tist to determine. Oriental Investment Co. Ltd. v. Commissioner of Income-tax, Bombay PLD 1958 SC (Ind.) 151; Commissioner of Income-tax, Karachi v. Edulji F.E. Dinshaw and others 1967 PTD 317; Commissioner of Income­tax, Patiala-II v. Avtar Singh and Sons (1981) 29 ITR 671; Commissioner of Income-tax, Patiala-I v. Hindustan Wire Products Ltd. (1978) 113 ITR 727; Messrs Abbot Laboratories Ltd. v. Commissioner of Income-tax, Central Zone, Karachi 1989 PTD 602 and Premier Machinery Works, Karachi v. Commissioner of Income-tax 1993 PTD 223 = PLD 1993 SC 233 ref. (c) Income Tax Ordinance (XXXI of 1979)-- ----Second Sched. para 118-E---Exemption---Benefit---Quantum of production by an undertaking engaged in manufacturing was not a necessary condition for availing of the benefits granted by para. 118-E, Second Sched. to the Income Tax Ordinance, 1979---Assessing Officer was to satisfy himself that the assessee was an industrial undertaking engaged in the manufacturing of goods or material---Principles. (d) Income Tax Ordinance (XXXI of 1979)-- ----S.137---Constitution of Pakistan (1973), Art.185(3)---Appeal to Supreme Court---Maintainability---Where the appeal before Supreme Court was admitted by the leave of the Supreme Court, certificate under S.137, Income Tax Ordinance, 1979 for filing appeal before the Supreme Court was not necessary. (e) Income Tax Ordinance (XXXI of 1979)-- ----Second Sched, para. 118-E---Exemption---Object and interpretation--­Principal object of para. 118-E to the Second Sched. to the Income Tax Ordinance, 1979 was to encourage setting up of industrial undertakings by offering tax incentives to boost up industrial growth, a beneficial view was…

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