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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Messrs AL-BARKAT INDUSTRIAL CORPORATION LIMITED, FAISALABAD through Sh. Abdus Salam, Director VS Respondent: FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Islamabad and others
Court Name: Supreme Court of Pakistan Judge(s): Abdul Hafeez Memon, Muhammad Ilyas Title:Messrs AL-BARKAT INDUSTRIAL CORPORATION LIMITED, FAISALABAD through
Sh. Abdus Salam, Director vs FEDERATION OF PAKISTAN through Secretary, Ministry of Finance, Islamabad and others Case No.: Civil Petition No. 1185/L of 1996 Date of Judgment:1996-06-16 Reported As: 1997 PTD 657 Result: Leave granted Judgment ORDER ABDUL HAFEEZ MEMON, J.---Syed Abul Aasim Jafri, Advocate-on-Record, points out that on the same question, as involved in this petition, several petitions, including Civil Petitions Nos.234-L/95, 235-L/95, 241-L/95, 244-L/95, 252-L/95, 255-L/95, 274-L195, 275-L/95 and 279-L/95, leave has been granted and stay has also been granted. He, therefore, submits that this petition may also be admitted and stay in the same terms, as in other petitions, may also be granted. 2. In view of the leave having been granted in the aforesaid petitions, we grant leave in this petition. 3. As the question raised will have bearing upon the validity of sections 80-C, 80-CC and 80-D, Income Tax Ordinance, and need construction of the Constitution, notice be issued to the Attorney- General as required by Rule 1, Order XXVII, Civil Procedure Code. 4. During the pendency of the appeals, if the petitioners undertake that they shall pay the tax as levied or leviable under sections 80-C, 80-CC and 80-D of the Income Tax Ordinance with interest at the rate of 2% above the bank rate, in the event the appeals are dismissed, the recovery of the tax shall remain suspended. 5. As the appeal involves the finances of the Federal Government, this should be heard at an early date.