COMMISSIONER OF INCOME-TAX CENTRAL ZONE-C, KARACHI VS D. M. BAMJEE, 1992 PTD-KARACHI-HIGH-COURT-SINDH 29 (1991)

Income Tax Act (XI of 1922)---

----Ss. 10(2) & 12(2)---Wealth tax liability was an admissible deduction and S.10(2)(XVI) or S.12(2) of the Income Tax Act, 1922.

Commissioner of Income Tax Central Zone B' Karachi v. Zakia Siddiqui 1989 P T D 135 fol.

Ch. Muhammad Iqbal holding brief for Waheed Farooqui for Applicant.

Iqbal Naeem Pasha for Respondent.

Date of hearing: 13th March, 1991.

JUDGMENT

MAMOON KAZI, J: -- These two references both under section 136(2) of the Income Tax Ordinance, 1979 raise the same questions for determination as in I.T.R. No.21 of 1984 just disposed of by us today. The questions referred to are as follows:--

"(a) Whether on the facts and the circumstances of the case the Tribunal was justified in holding the application of the applicant as barred by time.

(b) Whether on the facts and in the circumstances of the case the learned Income Tax Appellate Tribunal was justified in holding that wealth tax liability is admissible deduction under section 10(2)(xvi) or 12(2) of the Repealed Act, 1922."

Since we have already determined the second question in accordance with the judgment of this Court in Commissioner of Income Tax Central Zone B' Karachi v. Zakia Siddiqui 1989 P T D 135 we answer the said question accordingly.

2. So far as the first question is concerned, Mr. Iqbal Naeem Pasha, learned counsel for the respondent concedes that the delay, if any, can be condoned by the Court. In view of the concession, the learned counsel agrees that the first question does not require to be answered by us. The reference is, therefore, disposed of accordingly.

M.BA./C-232/KOrder accordingly,