These leave petitions, seven in number and filed by the same petitioner, arise in relation to income tax law. Six arise under the Income Tax Ordinance, 1979 ("1979 Ordinance") and one under the Income Tax Ordinance, 2001 ("2001 Ordinance"). However, the same question of law is presented, i.e., whether the petitioner was entitled to a certain exemption from tax on its income. As regards the petitions relating to the 1979 Ordinance the assessment years are, sequentially, from 1993-94 to 1998-99. The petition arising under the 2001 Ordinance relates to the tax year 2003.2. The entitlement to exemption that is the common question raised is essentially cast in the same terms under both statutes. Under the 1979 Ordinance this was clause (93) of Part I of the Second Schedule. Under the 2001 Ordinance it was clause (59) of Part I of the Second Schedule thereto. It will be convenient to set out both clauses (as presently relevant) in tabular form:1979 Ordinance2001 Ordinance(93) Any income whic...
PRESENT:
MR. JUSTICE MUNIB AKHTAR MRS. JUSTICE AYESHA A. MALIK MR. JUSTICE AQEEL AHMED ABBASI
Petitioner(s) by: Abdul Ghaffar Khan.
Respondent(s) by: Munawwar Ali Memon.
Law: Income Tax Ordinance, 1979
Sections: 95
Law: Income Tax Ordinance, 2001
Sections: Part1 Clause93, 59
Law: Income Tax Act, 1922
Sections: 4(3)(i)
Law: Constitution of Pakistan 1973
Sections: 185(3)
Disclaimer / Note: We have reproduced the judgment for facilitation of readers; however, the readers must study the original or certified copy of the above said judgment before referring it in any Court of Law. The judgment as reproduced above is a reported judgment available in law magazines and journals namely: 2026 PTD 252