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Petitioner: QUALITY CASTING (PVT.) LTD. through Chief Executive VS Respondent: INCOME-TAX OFFICER (COMPANIES), LAHORE and 3 others
Court Name: Lahore High Court Judge(s): Muhammad Saeed Akhtar, Nasim Sikandar Title:QUALITY CASTING (PVT.) LTD. through Chief Executive vs INCOME-TAX
OFFICER (COMPANIES), LAHORE and 3 others Case No.: I.T.A. No.77 of 1997 Date of Judgment:2002-04-11 Reported As: 2002 PTD 2549 Result: Appeal allowed Judgment ORDER NASEEM SIKANDAR, J.---Learned counsel for the appellant states that the issue in hand already stands resolved by a judgment of this Court now reported as re: Messrs Micropak (Pvt.) Ltd. v. Income-tax Appellate Tribunal (2001 PTD 1180). Further submits that the Hon'ble Supreme Court of Pakistan on 24-10-2001 rejected the appeal against that order filed by the Revenue as Civil Petitions Nos.981-L of 2001, 984 and 988-L of 2001. 2. In that order to which one of us (Naseem Sikandar, J.) was party, it was inter alia found that the share deposit money could not be taken as a loan to be covered by the mischief of the provisions of section 12(18) of the Income Tax Ordinance, 1979. It was also found that at the relevant time the provisions of section 12(18) did not attract unless two conditions were answered. First, that there was a "loan" received by an assessee and secondly, that it was so claimed. Where any of the two requirements were not answered, it was held that these provisions were not attracted. 3. Learned counsel for the Revenue has attempted to distinguish the case in hand. However, we will readily agree with the learned counsel for the appellant that the aforesaid judgment of this Court as maintained by the Hon'ble apex Court stands on all fours and answers all the issues raised in their appeal. 4. For the various reasons stated in the above order of this Court in re: Messrs Mircopak (Pvt.) Ltd. (supra) this appeal shall be allowed. .