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2001 P.C.T.L.R. 999

C.I.T. vs MUHAMMAD MUMTAZ

Citation2001 P.C.T.L.R. 999
CourtLahore High Court
Case No.C.T.R. No. 15 of 1992
Date2001-02-06
Judge(s)Jawwad S. Khawaja, Nasim Sikandar
ResultNOT

ORDER

NASIM SIKANDAR, J.- This is a case stated by the Lahore Bench of the income Tax Appellate Tribunal.

The following question of law have been framed for our consideration and reply:- - Question of Law.

"Whether on the facts and. In the circumstances of the Case the Tribunal was justified in holding that transfer of property by way of gift in lieu of dower (Haq Mehr) without registered instrument was a valid transfer?

Whether on the facts and in the circumstances of the case, the Tribunal was justified in excluding income from property from the total income of the assessee?"

2. After hearing the learned counsel for the Revenue we are of the view that our answer to both the questions has to be in the negative. While recording our opinion in P.T.R. 50 of 1988, we considered the issue if a gift was complete without coming into existence of an intervening document. The opinion in the case though pertained to moveable property is very well applicable to immovable properties as well.

3. Accordingly for the reasons stated in the said opinion we will return a negative answer to both the questions. 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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