Law:

Section:

Wealth Tax Act (XV of 1963)---- ----First Sched., Part I, Para. B---Pakistan Citizenship Act (II of 1951), S.14(1) & (3)---S.R.O. 581(9)/2002, dated 29-8-2002---Rates of wealth tax ---Rebate---Assessee American citizen as well as citizen of Pakistan---First Appellate Authority allowed 50% rebate on wealth tax on the ground that assessee was not citizen of Pakistan at the time of making assessment---Validity---When a Pakistani citizen became an American citizen, he did not cease to be a citizen of Pakistan and such a person could hold a dual nationality---Section 14(3) of the Pakistan Citizenship Act, 1951 provided that the provisions of S.14(1) of the Pakistan Citizenship Act, 1951 shall not apply and shall never be deemed to have been applied at any stage to a person who was having at any time the citizenship of Pakistan ---Assessee who was holding the status of citizenship of U.S.A. did not cease to be a Pakistani citizen and therefore, no talc rebate was available as the same was available to an assessee who "was not resident of Pakistan"---First Appellate Authority was not justified to allow the rebate---Order of the First Appellate Authority was vacated and that of the Assessing Officer restored by the Appellate Tribunal. ORDER MAHMOOD AHMAD MALIK (ACCOUNTANT MEMBER).--­This is a department appeal directed against order, dated 9-4-2001 of the learned CIT(A) Zone-1, Islamabad. The department is aggrieved but the directions given by the learned CIT(A) that 50% tax rebate be allowed to the assessee under para B Part-1 of the First Schedule to the Wealth Tax Act, 1963. 2. The facts of the caste briefly stated are that the assessee had claimed wealth tax rebate under Para. B of Part I of the First Schedule to the Wealth Tax Act, 1963 which reads as under:-- "Where an assessee is an individual who is not a citizen of Pakistan and is not resident in Pakistan, the wealth tax payable by him in respect of any assessment year computed in accordance with the rates specified in the First Schedule shall be reduced by an amount equal to fifty per cent thereof." The Assessing Officer did not allow this claim on the ground that though the assessee was a non-resident…

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