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COMMISSIONER OF INCOME-TAX, COMPANIES ZONE-II, KARACHI versus MESSRS SINDH ENGINEERING (PVT.) LIMITED, KARACHI

Income Tax Ordinance 1979 Section 65 First Schedule, Part IV, Parab (1) and 136 (2) read with the Income Tax Act (XI of 1922), section 23 (3) public company at the beginning of the reopening of the assessment. It was estimated as entitled 5. As a result of the super tax exemption, it was concluded that the SCC is not a public company because most of its shares were not owned by the government and the tax received from the SCC was much lower than that of private limited companies. Therefore, calling for additional evaluation notices were issued. The Commissioner agreed to the conclusion of the successor estimating officer after paying the income tax difference, that the SC is not a public company, while the Income Tax Appellate Tribunal relied on its first decisions and appealed the commissioner to Hai. Was filed. The court, which was excluded as a public company, will not be extended to consider either the tribunal was obliged to disclose the facts and reasons of the earlier decisions on which it relied, or independently of it. But the SC case can be examined as to whether the tribunal's use of jurisdiction is a law. This could have been answered by the High Court but the High Court failed to do so, but at the time of the original assessment, the Assessment had neither disclosed nor recorded the claim to claim additional relief from the waiver. What was, the exact position of the government's shares can be ascertained. By producing valid documents or sending them to the Joint Stock Companies Office, but the Tribunal has asked for such records best advocate from Sihala lawyer