| Citation(s) |
|---|
| 2009 SLG 1473 2009 SLD 1473 2009 PTD 543 (2009) 99 TAX 1 |
Appellate Tribunal Inland Revenue
I.T.As. Nos. 207/IB to 210/IB, 121/IB to 126/IB and 360/IB to 363/IB of 2008, decision dated: 20-11-2008
MUNSIF KHAN MINHAS, JUDICIAL MEMBER AND CH. NAZIR AHMAD, ACCOUNTANT MEMBER
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I.T.As. Nos. 207/IB to 210/IB, 121/IB to 126/IB and 360/IB to 363/IB of 2008, decision dated: 20-11-2008
MUNSIF KHAN MINHAS, JUDICIAL MEMBER AND CH. NAZIR AHMAD, ACCOUNTANT MEMBER
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Law: Income Tax Ordinance, 2001
Section: 49(4),66A,2(16),218,114(4),121,176
Law: Pakistan Telecommunication (Re-organization) Act, 1996
Section: 3(1),19,16
Law: Finance Act, 1997
Section: 10
Law: Income Tax Ordinance, 1979
Section: SecondSched:Part-I,66A,63
[Income Tax)]........."Local Authority"---Definition and characteristics---Authority which is entrusted by the Government with a `local fund' shall be considered as a Local Authority if it has its own juristic personality distinct from its member; if within its own local area, exercises considerable powers of local self-government; chalks out its schemes for the development of a local area under its control and provides civic amenities for the inhabitants other relevant area; if prepares its own annual budget for submission to the Provincial Government; exercises its powers within a limited territory included in a Province; exercises powers which belong to the Province but, which by statute, are delegated to the local authority; has powers of imposing taxes; and maintains/administers a local fund. [Income Tax Ordinance (XLIX of 2001)].....Sections. 49(4) & 66-A---Income Tax Ordinance (XXXI of 1979), Second Sched: Part-I, Cl.(88)---Pakistan Telecommunication (Re-Organization) Act (XVII of 1996), Ss. 3(1), 19 & 16---Local Authorities Loan Act (IX of 1914)---General Clauses Act (X of 1897), S. 3(31)---Finance Act (XXII of 1997), S.10---Finance Act (IV of 2007), Preamble---Exemption---Local Authority---Regulatory Authority---Pakistan Telecommunication Authority---Thal Development Authority---Distinction between and status thereof---Pakistan Telecommunication Authority Act, 1996 did not contain the like of S.2 of Thal Development Act, 1949---Pakistan Telecommunication Authority did not exercise, within its own local area, the considerable powers of local self-government, which were hallmark of Thal Development Authority and a common feature of all local authorities---Pakistan Telecommunication Authority, unlike the Thal Development Authority, was entrusted with the powers to chalk out its schemes for the development of a local area under its control and provide civic amenities to the inhabitants of the area, which was a common feature of all local authorities---Pakistan Telecommunication Authority did not have sanction of the Parliament to levy taxes in its own local area---Thal Development Authority exercised its powers [which belonged to the Province but,…
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