Law: Income Tax Ordinance, 1979

Section: 50(5),62,66A,80C,136(2)

(a) Income Tax-Ordinance (XXXI of 1979)----Ss. 50(5), 62, 66-A, 80-C & 139(2)---Subjecting goods to tax under S.80-C, which had already suffered tax at import stage under S.50(5) of Income Tax Ordinance, 1979---Validity---Assessee showed profit earned on part sale of imported oil in open market under head "other income"---Assessing Officer applied S.80-C of the Ordinance to oil sold while imports made by assessee were brought to tax separately as commercial importer---Revising authority in its order not touched issue of assessee being treated as commercial importer, but found that Assessing Officer had charged tax under S.80-C only on deemed income of imports and had not charged tax on part supplies under S.80-C of the Ordinance at the prescribed rate--Tribunal was of the view that goods having suffered tax at import stage under S. 50(5) of the Ordinance, would be deemed to be final discharge of liability on presumptive basis, thus, such part supplies was not liable to tax under S.80-C of the Ordinance---Tribunal had riot agreed with two sets of fact and law as found by Assessing Officer and Revisions Authority---Answer to such question being not possible High Court declined to answer the same. (b) Income Tax Ordinance, (XXXI of 1979)--- ----S. 136(2)-Reference framed in general terms without referring to particular provisions of law under which charge was made by revenue and disapproved by the Tribunal---High Court declined to answer such question apprehending misinterpretation of its answer. JUDGMENT NASIM SIKANDAR, J.---This is an application under section 136(2) of the late Income Tax Ordinance, 1979 by the Revenue through Commissioner of Income Tax, Companies Zone-I, Lahore. It is claimed that the impugned order of the Tribunal, dated 30-9-2000 has given rise to the following question of law. "Whether on the basis of facts and circumstances of the case the learned ITAT is justified to hold that importer/supplier can be subjected to tax at the import stage only?" 2. The assessee-respondent is a private limited company and derived income from manufacturing of ghee and cooking oil. For the assessment year 1995-96 an assessment in its respect under…

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