| Case ID |
f7090a31-0578-4d9f-9f40-ca6472a4b977 |
| Body |
View case body. Login to View |
| Case Number |
Civil Petition for Leave to Appeal No. 1791 of 199 |
| Decision Date |
Dec 05, 2000 |
| Hearing Date |
|
| Decision |
The Supreme Court granted leave to appeal to address the critical issues surrounding the exemption from income tax under sections 80-CC and 80-D of the Income Tax Ordinance, 1979. The court aimed to clarify whether the provisions of the Protection of Economic Reforms Act, 1992, provide adequate exemption to the industrialists in the Gadoon Amazai estate, and whether the High Court had correctly interpreted the law as established in the precedent case of Elahi Cotton Mills. The decision is significant as it will impact numerous cases involving similar tax exemption claims, thereby influencing the economic landscape for industrialists in the region. |
| Summary |
In the notable case of Civil Petition for Leave to Appeal No. 1791 of 1999, the Supreme Court of Pakistan deliberated on the tax exemption rights of industrialists under the Income Tax Ordinance, 1979, particularly focusing on sections 80-CC and 80-D. The court examined whether the provisions of the Protection of Economic Reforms Act, 1992 provided sufficient grounds for exemption from income tax for industries situated in the Gadoon Amazai estate. The case arose from a dispute where the petitioners, representing the Federation of Pakistan, challenged the decision of the Peshawar High Court which had denied the requested tax exemptions. The case referred to the precedent set in Elahi Cotton Mills Ltd. v. Federation of Pakistan, PLD 1997 SC 582, to evaluate if the High Court had misapplied the legal standards established in that ruling. The outcome of this case is poised to have far-reaching implications for similar matters in the future, making it a pivotal decision in the realm of tax law and economic reform in Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
FEDERATION OF PAKISTAN,
ZAMAN COTTON MILLS LIMITED
|
| Judges |
IFTIKHAR MUHAMMAD CHAUDHRY,
MIAN MUHAMMAD AJMAL
|
| Lawyers |
Mansoor Ahmad, Advocate Supreme Court,
Ch. Akhtar Ali, Advocate-on-Record
|
| Petitioners |
FEDERATION OF PAKISTAN through Secretary Finance, Finance Division, Islamabad
|
| Respondents |
Messrs ZAMAN COTTON MILLS LIMITED through General Manager
|
| Citations |
2001 SLD 1504,
2001 PTD 1203
|
| Other Citations |
PLD 1997 SC 582
|
| Laws Involved |
Income Tax Ordinance (XXXI of 1979),
Protection of Economic Reforms Act (XII of 1992),
Constitution of Pakistan (1973)
|
| Sections |
80-CC,
80-D,
6,
185(3)
|