Law: Income Tax Ordinance, 1979

Section: FirstSched.,Part-IV,para.2B,

Law: Companies Ordinance, 1984

Section: 14(3)(d)

(a) Income Tax Ordinance (XXXI of 1979)---First Sched., Part-IV, para. 2-B---Companies Ordinance (XLVII of 1984), S.14(3)(d)---Pakistan Council of Architects and Town Planners Ordinance (IX of 1983), S.2(a)---Exemption of supper tax for the firms of architects---Department pleaded that since the Pakistan Council of Architects and Town Planners Ordinance, 1983 did not put an embargo on formation of a limited company, by the Architects, this shall not be covered within the exemption provided under para.2B of Part-IV of the First Schedule of the Income Tax Ordinance, 1979---Validity---Architect in its status and professional duties held the same position as a Chartered Accountant or a lawyer and was barred to form a limited company---Firm formed by such an architect fully qualified within the provisions of para.(2-B) of Part-IV of the First Schedule of the Income Tax Ordinance, 1979---Assessee having enjoyed exemption for a pretty long time under the same language anal circumstances could not now be debarred from the vested right in his favour---Interpretation followed by the department in the past could not be departed by way of introducing a new interpretation in any case---Since limited company could not be registered as an architect though was a legal person there was an obvious prohibition of its incorporation---Finding of the First Appellate Authority was confirmed by the Appellate Tribunal being justified. 2004, PTD (Trib.) 583 and Black's Law Dictionary Seventh Edition ref. 1989 SCMR 353 rel. (b) Interpretation of statutes--- ----The language of law is to be reed in its natural meanings and not to add anything beyond intendments. (c) Income-tax--- ----Exemption---In respect of exemption clause the doubt is resolved in Favour of the department as against the assessee. (d) Income-tax--- ----Exemption---Exemption is a special concession and the same increases the burden of the other taxpayers. (e) Companies Ordinance (XLVII of 1984)--- ----S.14(3)(d)---Obligation to register certain associations, partnerships, etc., as companies---Provisions of S.14(3)(d) of the Companies Ordinance, 1984 indicate in unequivocal terms two professions, lawyers and accountants…

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