Law: Income Tax Ordinance, 1979

Section: 79

Law: Constitution of Pakistan, 1973

Section: 199

(a) Punjab Government (Tax on Transfer of Immovable Property) Rules, 2001---R.4(1)---Constitution of Pakistan (1973), Art.199---Constitutional petition---Transfer tax rate---Applicability---Dispute between parties was with regard to rate of transfer tax---Petitioner-company contended that rate on the date of registration of conveyance deed was applicable, while authorities demanded rate prevalent on the date of purchase of property--Validity---Transfer Tax had become due when sale-deed was registered within the contemplation of R.4(1) of Punjab Government (Tax on Transfer of Immovable Property) Rules, 2001---In case of transfer, it became due when mutation was sanctioned and in case transfer was not made either through registered deed or through oral transfer / mutation the same would become due when sale took place---As transfer in question took place through registered sale-deed, therefore, case of petitioner fell in first category, i.e. R.4 (1) of Punjab Government (Tax on Transfer of Immovable Property) Rules, 2001, and tax had become due on the date when sale deed was registered---Decision of authorities that transfer tax was payable at rate prevalent on date of auction and not on date when sale-deed was registered was without lawful authority having no legal effect---High Court, in exercise of Constitutional jurisdiction declared that transfer tax from petitioner was to be levied and collected under R.4 (1) of Punjab Government (Tax on Transfer of Immovable Property) Rules, 2001, at the rate which prevailed on the date on which sale deed was registered---Petition was allowed in circumstances. Ghulam Shabbir v. Commissioner, Rawalpindi Division, Rawalpindi and 4 others 2003 YLR 2640 and Municipal Committee, Tehsil Talagang through Chairman v. Ghulam Shabbir PLD 2006 SC 302 ref. (b) Interpretation of statutes--- ----Meaning of any provision of law---Principles---Nothing can be imported to assign a different meaning to provision of law and it has to be applied and interpreted in the manner as is prescribed by law. JUDGMENT SYED HAMID ALI SHAH, J.---The petitioner being the highest bidder in open auction held on 5-3-1998, purchased the property (Cecil Hotel…

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