Law: Income Tax Ordinance, 1979

Section: 34,80D,136,156,Second Schedule,Part-I,Clause118C

(a) Income Tax Ordinance (XXXI of 1979)---Ss. 156 & 136---Rectification of mistake---Reference to High Court---Scope---Order of the Appellate Tribunal made under S.156 of the Income Tax Ordinance, 1979 could not give rise to question of law unless such order merged into the main order---If the Appellate Tribunal had found some mistake apparent from record and the order was rectified up to the said mistake, the rectified order became part of the main order up to that extent and there could always be new question and the assessee or the department became entitled to raise the same---Where the Appellate Tribunal found that there was no mistake apparent from record, order under S.156 of the Income Tax Ordinance, 1979 could not become part of the main order and no question could be raised from the said rejected order---Reference application could only be filed by posing a question of law arising out of the order of the Appellate Tribunal decided under S.34 of the Income Tax Ordinance, 1979---No question of law could be proposed from an order under S.156 of the Income Tax Ordinance, 1979 if the same had been rejected---Conversely in case of acceptance, the same became part of the main order and if a new question from the said situation arose the same could always be referred. (b) Income Tax Ordinance (XXXI of 1979)--- ---Ss. 136, Second Sched., Part-I, Cls. (118C) & (80D)-Reference to High Court---Exemption---Trial production---Commercial production---Questions, "whether trial production in the Sugar Mill can be treated its commercial production in relation to determination of exemption period under Cl. (118C) of Part-I of the Second Schedule to the Income Tax Ordinance, 1979 and Appellate Tribunal was justified in confirming that assessment year 1999-2000 was seventh year and not sixth year of the exemption under the said Cl. (118C) of Part-I of the Income Tax Ordinance, 1979" was referred to High Court by the Appellate Tribunal for its opinion. 1999 PTD 4126; (1954) 26 IT; (1982) 133 ITR 879 and 1998 PTD (Trib.) 3742 ref. STATEMENT OF THE CASE The reference application filed by the assessee speaks as follows:-- "Applicant Chashma Sugar Mills Ltd. is a…

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