| Case ID |
0c5c5862-c313-4baf-8321-ebf0bd3af472 |
| Body |
View case body. Login to View |
| Case Number |
Writ Petition No. 594 of 1965 |
| Decision Date |
Apr 29, 1969 |
| Hearing Date |
|
| Decision |
The Lahore High Court ruled that the petitioner, K. S. B. Pumps Company Limited, was entitled to an exemption from income tax for the entire period from October 1960 to October 1964. The court found that the company's operations did not constitute a new business formed by the transfer of a building that was in use prior to April 1, 1959. The court determined that the Board of Revenue's order limiting the exemption to only a brief period was without lawful authority. The court clarified that the definition of 'property' and 'building' were not interchangeable in the context of the Income Tax Act, thereby supporting the petitioner's claim for tax exemption. |
| Summary |
In the landmark case of K. S. B. PUMPS CO. LTD. v. PAKISTAN, decided by the Lahore High Court on April 29, 1969, the court examined the applicability of tax exemptions under the Income Tax Act, 1922. The petitioner, an industrial undertaking engaged in manufacturing centrifugal and deepwell turbine pumps, sought exemption from income tax for a specified period. The court explored the definitions and interpretations of 'new business' and 'building' under the relevant sections of the law. The decision emphasized that a mere lease of property does not equate to the transfer of a building, thereby affirming that the petitioner was entitled to the full tax holiday without restrictions. This case is significant for industrialists and legal practitioners alike, as it clarifies the legal framework governing tax exemptions and the criteria for eligibility. The detailed judgment not only addresses the nuances of tax law but also sets a precedent for future cases involving similar issues. |
| Court |
Lahore High Court
|
| Entities Involved |
Central Board of Revenue,
K. S. B. PUMPS CO. LTD.,
Pakistan Ordinance Factory
|
| Judges |
MUSHTAQ HUSSAIN,
SHAMEEM HUSAIN KADRI
|
| Lawyers |
A.K. Brohi,
Sharif Hussain Bokhari,
A.H. Najafi,
Sh. Abdul Haq
|
| Petitioners |
K. S. B. PUMPS CO. LTD.
|
| Respondents |
PAKISTAN Through, the Secretary, Ministry of Finance, Government of Pakistan, Rawalpindi,
Central Board of Revenue, Government of Pakistan, Rawalpindi
|
| Citations |
1969 SLD 741,
(1969) 20 TAX 126,
1969 PTD 908,
1969 PLD 830
|
| Other Citations |
Not available
|
| Laws Involved |
Income Tax Act, 1922
|
| Sections |
15BB(2)(e),
15BB,
15BB(4)
|