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Petitioner: Mrs. T.P. BHANDARA VS Respondent: EXCISE AND TAXATION OFFICER (CAPITAL GAIN TAX) LAHORE And 2 Other
Court Name: Supreme Court of Pakistan Judge(s): Muhammad Afzal Zullah, Syed Usman Ali Shah Title:Mrs. T.P. BHANDARA vs EXCISE AND TAXATION OFFICER (CAPITAL GAIN TAX)
LAHORE And 2 Other Case No.: Civil Petition for Leave to Appeal No.168-R of 1988 Date of Judgment:1988-05-20 Reported As: 1991 SCMR 1830 Result: Petition dismissed Judgment ORDER S. USMAN ALI SHAH, J.---Leave to appeal has been sought by the petitioner against the dismissal of her writ petition by the Lahore High Court. The question involved in this case whether the capital gain tax is to be made on the basis of the prevalent market value or on the status of the vendor and the vendee. The petitioner contested the case on the basis of comparison of her plot sold with other property located in the vicinity thereto. The plot in question admittedly was commercialised, possessing a distinguished feature as compared with other property located in the ' vicinity. The departmental authorities were of the mind that the declared sale price did not disclose the transaction between the vendor and the vendee correctly but declaration was made of the sale price with the only aim to reduce the tax liability and thus they were justified to determine the fair market value for the imposition of the tax. Thus the writ petition of the petitioner was correctly dismissed by the High Court. No question of interference, in such a decision by this Court, therefore, arises. Thus finding no force, this petition is dismissed.