Law: Income Tax Ordinance, 1979

Section: 136

Income Tax Ordinance (XXXI of 1979)-----S.136---Reference to High Court---Scope---Absence of assessee at whose instance the questions were referred to the High Court---Effect---High Court was not bound to answer the questions in the absence of assessee at whose instance the questions had been referred--Reference was disposed of by the High Court without answering the questions referred. Dada Bhai H. Mama & Sons, Karachi v. Commissioner of Income-tax (1967) 16 Tax 43 and M.M. Ispahani Ltd. v. Commissioner of Excess Profits Tax, West Bengal (1955) 27 ITR 188 rel. THIS ORDER PASSED BY : NASIM SIKANDAR, J.---The Lahore Bench of the Income Tax Appellate Tribunal has framed the following for our consideration and reply: Assessment years 1986-87 and 1988-89 (i) Whether in view of the provisions contained in section 135 of the Income Tax Ordinance, 1979, the learned Appellate Tribunal was competent to set aside an order passed under section 66-A of the Income Tax Ordinance, 1979? (ii) Whether the Appellate Tribunal acted, in accordance with law by setting aside the order passed under section 66-A by the Inspecting Assistant Commissioner of Income Tax instead of cancelling the same? Assessment year 1987-88 (iii) Whether the learned Appellate Tribunal misdirected itself in law by holding that the applicant company which was the subsidiary of a Public Company whose. shares were the subject of dealings in a registered Stock Exchange, was not 'Public Company'? 2. Learned counsel for the revenue by relying upon a reported judgment of a Division Bench of the Karachi High Court in re: Dada Bhai H. Mama…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492