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1992 PTD 757

C.I.T., CENTRAL ZONE KARACHI vs Messrs J.L. MORISON, SONS & JONES

Citation1992 PTD 757
CourtSindh High Court
Judge(s)Nasir Aslam Zahid, Muhammad Hussain Adil Khatri
ResultReference answered

' NASIR ASLAM ZAHID, J.---On an application under section 136(1) of the Income Tax Ordinance, 1979, moved by the Department, the Income-tax Appellate Tribunal has referred the following question for our opinion:--- "Whether under the facts and circumstances of the case the Income-tax Appellate Tribunal was justified in upholding the direction of learned Commissioner of Income Tax (Appeals) that the assessing officer should not impose any surcharge on amount of taxes payable?"

2. The matter refers to assessm ent year 1979-80 of the assessee. We have heard Mr. Sheikh Haider, learned counsel for the Department. In earlier decisions, this Court has decided this point against the Department. Detailed decision of the Court is given in the case of Commissioner of Income-tax v. Pakistan Tobbaco Company 1988 PTD 66. Mr. Sheikh Haider concedes to this position but submits that the Department has taken the matter to the Supreme Court where the appeals filed by the Department are pending.

3. Following our earlier decisions, the question referred to us in the present reference application is also answered in the affirmative. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

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