COMMISSIONER OF INCOME-TAX, KARACHI EAST, KARACHI vs MESSRS — 1971 PTD 1075

Citation: 1971 PTD 1075

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-08-23

Parties: COMMISSIONER OF INCOME-TAX, KARACHI EAST, KARACHI vs MESSRS AMSONS DAIRIES LTD., KARACHI

Headnotes

Case cited as 1971 PTD 1075

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Waheeduddin Ahmad, Muhammad Yaqub Ali Khan Title:COMMISSIONER OF INCOME-TAX, KARACHI EAST, KARACHI vs MESSRS AMSONS DAIRIES LTD., KARACHI Case No.: Civil Petition for Special Leave to Appeal No. K-29 of 1971 Date of Judgment:1971-08-23 Reported As: 1971 PTD 1075 Result: Leave refused Judgment ORDER WAHEEDUDDIN AHMAD, J.---The respondent which was a regis--tered firm up to the assessment year 1960-61, was incorporated as a Private Limited Company on the 23rd September 1959, and commenced business front the 1st October 1959 during the assess--ment year 1961-62. The firm had installed certain new machinery on which additional depreciation allowance under rule 8(2) of the Income-tax Rules was allows until it was incorporated into a private limited company. During the assessm ent year 1961-62, when the respondent-company came to be assessed for the first time, the Income-tax Officer did not allow depreciation allowance on the old machinery transferred. The respondent challenged this order in appeal before the Appellate Assistant Commissioner of Income-tax, who allowed the appeal and gave additional depreciation at the rate of 7 % which the Income-tax Officer has not allowed. The matter was then taken before the Income-tax Appellate Tribunal. This appeal was dismissed on the 27th August 1965, relying on the decision of the Madras High Court in the case of Veerappa Transports v. C. I. T., Madras ((1963) 50 I T R 442). The petitioner…

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