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2001 PTD 2382

COMMISSIONER OF INCOME-TAX, GUJRANWALA vs Messrs M. ANWAR

Citation2001 PTD 2382
CourtLahore High Court
Case No.C.T.R. No.79 of 1996
Date2001-04-19
Judge(s)Jawwad S. Khawaja, Nasim Sikandar
ResultReference answered

ORDER

NASIM SIKANDAR, J.---At the instance of the Revenue, Lahore Bench of the Income-tax Appellate Tribunal has framed the following question of law for our consideration and answer:--- "Whether on the facts and circumstances of the case and in the presence of sections 14 and 151 of the Income Tax Ordinance, 1979, the learned Income-tax Appellate Tribunal was justified in holding that claim of export rebate is also allowable to the partner of the registered firm."

2. Learned counsel for the Revenue at the outset agrees that an affirmative answer to similar question by a Division Bench of the Sindh High Court was subsequently maintained by the Hon'ble Supreme Court of Pakistan in re: Commissioner of Income-tax v. Nasir Ali and others reported as 1999 PTD 1173.

3. That being so the answer to the aforesaid question in accordance with the ratio settled by the Supreme Court of Pakistan is returned in the affirmative. .

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