WEST PAKISTAN ROAD TRANSPORT BOARD, LAHORE vs INCOME TAX OFFICER, — 1971 SCMR 485

Citation: 1971 SCMR 485

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-06-28

Parties: WEST PAKISTAN ROAD TRANSPORT BOARD, LAHORE vs INCOME TAX OFFICER, COMPANIES WARD VI, LAHORE AND 2 Other

Headnotes

Case cited as 1971 SCMR 485

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Hamoodur Rahman, Sajjad Ahmad Jan Title:WEST PAKISTAN ROAD TRANSPORT BOARD, LAHORE vs INCOME TAX OFFICER, COMPANIES WARD VI, LAHORE AND 2 Other Case No.: Civil Miscellaneous Petition No. 50 of 1970 Date of Judgment:1971-06-28 Reported As: 1971 SCMR 485 Result: Order accordingly Judgment ORDER HAMOJDUR RAHMAN, C. J.--This is an unusual application for stay of realization of tax assessed by the Income-tax Department against the West Pakistan Road Transport Board, Lahore. The assessm ents were made in respect of years 1958-59, 1959-60, 1959-60 (Supplementary), 1960- 61 and 1961-62. The total amount of tax so assessed is Rs.2,32,62,120. The demand notices under section 29 of the Income-tax Act were issued on 6-5-1971 and on the same day by separate notices under section 46 (5-A) attachments were levied on the bank accounts of the Road Transport Board. These demand notices were issued after the appeals of the Board, against the aforesaid assessm ents, were dismissed on the 3rd February 1971. The Board has applied to the Income-tax Tribunal for making a reference to the High Court and that application is to come up for hearing on the 30th June 1971, which is the last date of the financial year. During the pendency of the application for reference to the High Court the Board applied to the Income-tax authorities for staying the realization of the tax but the authorities refused to do so. Having exhausted his…

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