Law:

Section:

Income Tax Ordinance (XXXI of 1979)--- ----Ss. 80-CC & 80-D---Notification S.R. O.60(1)/87, dated 22-1-1987---Protection of Economic Reforms Act (XII of 1992), S.6---Constitution Pakistan (1973), Art. 185(3)---Exemption from income-tax---Industrialist industrial estate of Gadoon Amazai---Contention of the Authorities was that the High Court did not apply properly, the law laid down by Supreme Court in the case of Elahi Cotton Mills reported as PLD 1997 SC 582---Validity---Leave to appeal was granted by Supreme Court to consider as to whether view of S. 6 of Protection of Economic Reforms Act, 1992, exemption from the payment of income-tax under S.80-CC and Sâ-ž 80-D of Income Tax Ordinance, 1979, would be available to the assessees; that whether cl.(122-C), which was incorporated in the Second Sched, of Income Tax Ordinance, 1979, by means of Notification S.R. O.60(I)/87, dated 22-1-1987 would provide protection to the assessees from not making the payment of income-tax under S. 80-CC and S.80-D of Income Tax Ordinance, 1979 and that whether the rule laid down by Supreme Court in Elahi Cotton Mills Limited's case, had rightly been applied by the High Court keeping in view the facts of the case of the assessees. Elahi Cotton Mills Ltd. v. Federation of Pakistan PLD 1997 SC 582 ref. ORDER IFTIKHAR MUHAMMAD CHAUDHRY, J.---This petition for leave to appeal is directed against the judgment of the Peshawar High Court, Peshawar, dated 29-4-1999 passed in Writ Petition No. 1404 of 1999. 2. Precisely stated the facts of the case are that the respondent approached the Income Tax Authorities for exemption from the payment of income-tax under-sections 80-CC and 80-D of the Income Tax Ordinance, 1979 (hereinafter called as the Ordinance) for the reason that as per Notification No. S.R. O.60(1)/87 dated 22-1-1987, the industrialists who have established their industries in the Industrial Estate of Gadoon Amazai are ALSO exempted from the payment of the minimum + presumptive tax. The request so made by the respondent was not conceded to, as such, Writ Petition No. 1404 of 1999 was preferred by it, which has given rise to the instant proceedings. 3. Learned counsel for the…

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