Law: Income Tax Ordinance, 1979

Section: 80D-SecondSched.,cls.(118C),(118D)(118-E )

Law: Constitution of Pakistan, 1973

Section: 199

Law: Protection of Economic Reform Act, 1992

Section: 13

Income Tax Ordinance (XXXI of 1979)-----S.80-D-& Second Sched., cls.(118-C), (118-D) & (118-E)---Protection of Economic Reforms Act (XII of 1992)---C.13:R. Circular C. No. 150(it-JD/99, dated 25-2-2000---Constitution of Pakistan (1973), Art. 199-Constitutional petition---Minimum tax on income---Exemption---Loss---Central Board of Revenue Circular No. C. No. 150(it-JD/99, dated 25-2-2000 to the effect that the assessees, who had declared "losses" were not exempt from tax under S.80-D of the Income Tax Ordinance, 1979 in the year in which the "losses" were declared---Said circular by interpreting cl.(118), Second Sched.. read with S.80-D of the Income Tax Ordinance, 1979 had taken the view that those concerns which had suffered loss during the assessment year were no; entitled to exemption from payment of turnover ---Validitly,---Held, by issuing such a Circular the power of adjudicating officer to decide as to whether or not the exemption claimed by the assessee was valid had beer. completely, taken away and as such the Circular was void and of no legal effect. Messrs Elahi Cotton Mills Ltd. and others v. Federation of Pakistan and others PLD 1997 SC 582; Messrs Central Insurance Co. v. The Central Board of- Revenue, Islamabad and others 1993 SCMR 1232 and Central Board of Revenue, Islamabad and others v. Sheikh Spinning Mills Limited, Lahore 1999 SCMR 1442 rel. JUDGMENT This judgment shall dispose of W.Ps. Nos.13322/2000, 6095/2000, 13021 of 2000, 13170 of 2000, 13171 of 2000; 13172 of 2000, 13174 of 2000; 13175 of 2000, 13176 of 2000, 12808 of 2000, 11647 of 2000, 12285 of 2000 and 6597 of 2000 in which common question of law which arises for determination is as to whether those industrial units and undertakings which had suffered losses were exempt under clause (118-C) of the Income Tax Ordinance from payment of turn-over tax in terms of section 80-D of the said Ordinance. 2. The brief background in which this dispute arises is that on 13-12-1990 the Federal Government issued Notification No. S.R.O. 1283(1)/90 whereby Second Schedule to the Income Tax Ordinance was amended, clauses (118-C), (118-D) and (118-E) were added and exemption was granted to…

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