Law: Income Tax Ordinance, 1979

Section: 136,156

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Income Tax Appellate Tribunal Rules, 1981

Section: 20

Income Tax Ordinance (XXXI of 1979)----Ss. 136 & 156---Income Tax Appellate Rules, 1981, R. 20---Constitution of Pakistan (1973), Art. 185(3)---Order of Tribunal, dated 5-5-1996 dismissing appeal not challenged by way of reference---Tribunal dismissed application filed under R.20 of Income Tax Appellate Rules, 1981 against its such order---Tribunal dismissed application for rectification of its said order---Appeal to High Court on 16-6-1996 against said order---Acceptance of appeal by High Court despite objections as to maintainability of appeal and bar of limitation were raised---Validity---Supreme Court granted leave to appeal to consider questions, whether appeal to High Court filed on 16-6-1998 against original order, dated 5-5-1996 was time-barred and could be lawfully maintained; whether High Court failed to take into consideration various provisions of the statute and s rendered by Supreme Court on question of law involved; and whether impugned could be sustained in law in view of peculiar facts and circumstances of the case. ORDER RANA BHAGWANDAS, J.---Leave to appeal is sought against the judgment of a Division Bench of the Sindh High Court, dated 3-1-2000 allowing Income Tax Appeal No. 1.58 of,1998 and setting aside the order passed by Income Tax Appellate Tribunal (hereinafter referred to as the ITAT) on an application under section 186 of the Income Tax Ordinance, 1979 (hereinafter referred to as the Ordinance). 2. Respondent is a private limited company incorporated in 1963 with an authorized capital of Rs.10 million (Rs. 1,00,00,000) with the main object of manufacturing electric fittings. For raising the factory the company acquired four adjoining industrial plots in Korangi Industrial Area in the sum of Rs.2,42,069.27. Expenditure on construction work in the assessment year 1966-67 was Rs.30,495 in the assessment year 1966-67 was Rs. 30,495, in the assessment year 1967-68 it was Rs.36,698, in the assessment year 1969-70 it was Rs. 90,366 and in the assessment year 1970-71 it was Rs. 37,877. Boundary wall was constructed by spending a sum of Rs.59,911 while water connection was acquired by spending a sum of Rs.950. In 1997-98, respondent…

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