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Civil Petition for Special Leave to Appeal No. 277 of 1977, decided on 18th October, 1981.
(On appeal from the judgment and order of the Lahore High Court, dated 21‑2‑1977, in W. P. 1660/76).
--Ss. 5 & 7 read with Constitution of Pakistan. (1973), Art.185(3) --Leave to appeal‑Sales Tax Officer holding disputed item exempted in earlier assessment‑Whether Sales Tax Officer can re‑open same‑ Leave to appeal granted for consideration of question.
Muhammad Amin Butt, Advocate Supreme Court and Muhammad Mehdih Anwar, Advocate‑on‑Record for Petitioner.
Iflikharuddin Ahmad, Advocate‑on‑Record for Respondent.
Leave is granted to consider whether the Sales Tax Officer had the jurisdiction to re‑open the question of liability of the item in dispute to sale tax in spite of the fact that in an earlier assessment order dated 21‑2‑1975 for the assessment year 1969‑70, he had held the said item as exempted. Security Rs. 2,000. Case to be made ready for hearing on the present record within six months. Parties, however, shall be entitled to add such documents on which they want to rely. Interim order to continue in the meantime.
Leave granted.
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