COMMISSIONER OF INCOME TAX, NORTH ZONE, WEST PAKISTAN, LAHORE vs — 1972 SCMR 116

Citation: 1972 SCMR 116

Court: Supreme Court of Pakistan

Year: 1971

Decision Date: 1971-12-31

Parties: COMMISSIONER OF INCOME TAX, NORTH ZONE, WEST PAKISTAN, LAHORE vs JUDGMENT

Headnotes

Case cited as 1972 SCMR 116

Judgment Text

Court Name: Supreme Court of Pakistan Judge(s): Salahuddin Ahmad, Waheeduddin Ahmad, Sajjad Ahmad Jan Title:COMMISSIONER OF INCOME TAX, NORTH ZONE, WEST PAKISTAN, LAHORE vs JUDGMENT Reported As: 1972 SCMR 116 Result: Appeal dismissed Judgment JUDGMENT SAJJAD AHMAD, J.-This is a certified appeal from a decision of the former High Court of West Pakistan, Lahore, made in Civil Reference No. 9 of 1964, in which the question referred to the High Court by the Income-tax Appellate Tribunal was "when is dividend paid within the purview of section 16(2) of the Income-tax Act?" The facts leading to the reference were that the respondent, Mst. Wazirunnisa Begum, as an assessee for the charge year 1957-58, claimed refund of Income-tax on a dividend of Rs. 2,000, which was received by her in June 1956 as a shareholder from the Rawalpindi Electric Power Co. Ltd. This dividend was formally declared by the Company at the annual general meeting of the shareholders on the 30th of March 1956. The Income-tax officer was-of the opinion that the dividend warrant pertained to the assessment year 1956-57 as it had been declared by the Company on the 30th of March 1956, and since the assesses had preferred the claim for its refund m 1957-58, it could not relate to the assessment year 1957-58. On appeal, the Appellate Assistant Commissioner held that in terms of sections 16(2) and 50 of the Income-tax Act, the claim had been rightly made, as relating to the year 1957-58. He directed the Income-tax…

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