| Case ID |
02f18821-9f37-4be9-855f-875310efc1a2 |
| Body |
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| Case Number |
C.T.R. No. 57 of 1996 |
| Decision Date |
Apr 17, 2001 |
| Hearing Date |
Apr 17, 2001 |
| Decision |
The Lahore High Court declined to answer the questions posed by the Income Tax Appellate Tribunal regarding the adoption of CIF sales while computing the income of the assessee. The court reasoned that the questions referred were not questions of law needing their opinion based on prior judgments. This decision indicates the court's position on the limits of appellate review concerning the discretion exercised by the income tax authorities. |
| Summary |
This case revolves around the Income Tax Ordinance, 1979, and the interpretation of specific sections concerning the computation of income for tax purposes. The Lahore High Court reviewed the directives of the Income Tax Appellate Tribunal, which had directed the adoption of CIF sales in calculating the income of the petitioner. The court highlighted that such directives must align with existing law provisions, specifically sections 32(3) and 136(1) of the Income Tax Ordinance. The court's decision not to answer the questions posed underscores a critical analysis of the limits of judicial intervention in tax matters. This case is significant for tax professionals and legal practitioners as it clarifies the judicial stance on tax computation issues and the boundaries of appellate authority. Keywords such as 'Income Tax Ordinance', 'tax computation', 'CIF sales', and 'judicial intervention in tax matters' are essential for understanding the implications of this ruling. |
| Court |
Lahore High Court
|
| Entities Involved |
Commissioner of Income Tax,
Messrs FINE MOOT INTERNATIONAL
|
| Judges |
NASIM SIKANDAR,
JAWWAD S. KHAWAJA
|
| Lawyers |
Muhammad Ilyas Khan,
Nemo
|
| Petitioners |
Muhammad Ilyas Khan
|
| Respondents |
Nemo
|
| Citations |
2004 SLD 65,
2004 PTD 1993
|
| Other Citations |
1999 PTD 1329
|
| Laws Involved |
Income Tax Ordinance, 1979,
Income Tax Rules, 1982
|
| Sections |
32,
32(3),
136,
136(1),
216,
216(3)(a)
|