Law: Income Tax Ordinance, 1979

Section: 16,62,66A,136(1),136

Law: Income Tax Rules, 1982

Section: 3(2)(c)

(a) Income Tax Ordinance (XXXI of 1979)----Ss. 16, 62, 66A & 136(1)---Income Tax Rules, 1982, R,3(2)(c)--­Salary---Director of more than one companies---House rent/conveyance allowance ---Exemption---Assessee derived income from salary and allowances from only one company and served as director in other companies honorary---Validity---Person who was director of more than one companies, received rent allowance/perquisites from one company only and not from any other company--Assessee/director was entitled to claim deduction/exemption/relieves under Rr.3(2)(a)(b)(c) & 4 of the Income Tax Rules, 1982. The Commissioner of Income-tax Central Zone `A' v: S. Mazhar Hussain 1988 PTD 563 ref. C.I.T./Wealth Tax Companies Zone v. Rana Asif Tauseef 2000 PTD 497 ref. (b) Income Tax Ordinance (XXXI of 1979)--- ----5.136---Reference to High Court---Question of -fact---Question was more of an argument rather than a question of law, High Court declined to answer such question. JUDGMENT NASEEM SIKANDAR, J.---This is a case stated by the Lahore Bench of the Income-tax Appellate Tribunal. The following questions of law have been framed for our consideration and opinion:--- "(1) Whether under the facts and circumstances of the case the learned Income-tax Appellate Tribunal was justified to hold that the assessee was whole time employee of one company when he was, also, conducting business in his individual status. (2) Whether under the facts and circumstances of the case the learned Income-tax Appellate Tribunal was justified to hold that the assessee was to be taxed as salaried person and entitled to exemption in respect of house rent allowance and conveyance allowance notwithstanding the fact that the assessee had not fulfilled the requirement of" employee ,as envisaged under rule 3(2)(c) of the Income Tax Rules, 1982? 2. The facts in brief are that the assessee-respondent, at the relevant time, derived income from commercial imports besides salary and from a Private Limited Company namely Public Plastic Industries (Pvt.) Ltd. Faisalabad. For the assessment year 1992-93 the return filed by him was completed under section 62 of the Income Tax Ordinance, 1979 at the total…

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