Law: Income Tax Ordinance, 1979

Section: 136,136(2)

(a) Income Tax Ordinance (XXXI of 1979)--- ----S.136(2)---Reference to High Court---Question of law---For referring a question of law it is necessary that such question must arise out of order of Tribunal. (b) Income Tax Ordinance (XXXI of 1979)--- ----S.136(2)---Reference to High Court---Question of fact---Valuation of property---Question relating of property being a question of fact could not be raised by twisting the expression and language. (c) Income Tax Ordinance, (XXXI of 1979)---S.136(2)---Reference to High Court---Reference application was dismissed in limine by the High Court as question proposed did not arise out of the Tribunal's order and some of the questions related .to the factual controversy in respect of valuation determined by the Income Tax Department. ORDER MANSOOR AHMED, J.---The assessee seeks a reference under section 136(2) of the Income Tax Ordinance, 1979 and in that he formulates the, questions of law which are enumerated as under: (i) Whether in the facts and circumstances of the case the I.T.O. had. the jurisdiction to frame assessment on 3-5-1993 on the basis of original return dated 10-10-1989 or he was bound by law to make the assessment on the basis of revised return, dated 30-4-1992 and if so whether a consequential order passed by C.I.T. (Appeals) and Income-tax Appellate Tribunal without jurisdiction. (ii) Whether the order of the I.T.O. for the assessment year 1990-91 was bad in law for adopting calender as the assessment year when no business or professional income are declared or assessed in the case of assessee and if so whether the appellate order passed in pursuance thereto were illegal and violative of section 2(26)(b) of the Income Tax Ordinance, 1979. (iii) Whether the sale transaction, dated 5-1-1989 concluded and executed by an A.O.P. could be lawfully assessed in the hands of the petitioner company incorporated under Companies Ordinance, 1984 on 14-1-1989? (iv) Whether the assessment order, dated 3-5-1989 passed by the I.T.O. was violative of the mandatory requirements of section 13(2) of the Income Tax Ordinance and if so whether the proceedings initiated on 10-4-1992 after obtaining the approval of Income-tax…

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