| Case ID |
2302fe3f-88d4-4096-8a10-c67497b2a7f8 |
| Body |
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| Case Number |
Income Tax Case No. 43 of 1996 |
| Decision Date |
May 16, 2007 |
| Hearing Date |
|
| Decision |
The Income Tax Reference Application filed by Messrs CYNAMID (PAKISTAN) LTD. against the order of the Income Tax Appellate Tribunal was dismissed. The Tribunal had refused to refer eight questions proposed by the applicant for the opinion of the High Court. The court held that the case of the assessee did not fall within the ambit of Section 79 of the Income Tax Ordinance, 1979, and thus no interference was warranted. The court noted that the applicant had not sufficiently argued the applicability of Section 79 during the proceedings. The decisions of the Income Tax Officer and the Tribunal were upheld. |
| Summary |
In the case of Messrs CYNAMID (PAKISTAN) LTD. against the Commissioner of Income Tax, Companies-II, Karachi, the Sindh High Court addressed the applicability of Section 79 of the Income Tax Ordinance, 1979. The applicant's contention was based on the assertion that the purchases made were valid and should not be subjected to additional assessment under the said section. The High Court found that the respondent had followed the due process, and the Tribunal's decision was based on the correct interpretation of the law. The case emphasizes the importance of substantiating claims in tax assessments and the necessity of adhering to established legal procedures. Keywords such as 'Income Tax Ordinance', 'Sindh High Court', 'Income Tax Assessment', and 'Judicial Review' are critical for understanding the implications of this ruling in tax law. |
| Court |
Sindh High Court
|
| Entities Involved |
COMMISSIONER OF INCOME TAX, COMPANIES-II, KARACHI,
Messrs CYNAMID (PAKISTAN) LTD., KARACHI
|
| Judges |
ANWAR ZAHEER,
JAMALI,
MUHAMMAD ATHAR SAEED
|
| Lawyers |
Iqbal Salman Pasha,
Aqeel Ahmed Abbasi
|
| Petitioners |
Messrs CYNAMID (PAKISTAN) LTD., KARACHI
|
| Respondents |
COMMISSIONER OF INCOME TAX, COMPANIES-II, KARACHI
|
| Citations |
2007 SLD 122,
2007 PTD 1946,
2007 PTR 264
|
| Other Citations |
Commissioner of Income Tax v. Pakistan Industrial Engineering Agencies Ltd. 1992 PTD 954,
Messrs Industrial Management v. The Commissioner of Income Tax 1978 PTD 208,
Lal Muhammad Abdul Sattar acid Co. v. Commissioner of Income Tax 1995 PTD 752,
Mehran Girls College v. Commissioner of Income Tax 2001 PTD 987,
Commissioner of Income Tax, Companies-II, Karachi v. Marck Sharp and Dhome of Pakistan Ltd. C.P.L.A. No.159/K of 1989,
I.T.R.A. No.76 of 2002; I.T.O. v. Beecham Pakistan Ltd. 1988 PTD (Trib.) 447,
Smith Kline and French of Pakistan Ltd. v. IAC Range-I, Companies-II, Karachi LT.A. No. 2202/KB of 1987-88,
Messrs Bayer Pharma (Pvt.) Ltd. v. I.T.O.. I.T.A. No. 17961KB of 1993-94,
Sindh High Court CIT v. Glaxo Laboratories Ltd. 1991 PTD 393,
Galaxo Laboratories Ltd. v. CIT Karachi, Civil Appeal No. 237-K of 1991
|
| Laws Involved |
Income Tax Ordinance, 1979
|
| Sections |
79
|