1997 P T D 70
[Supreme Court of Pakistan]
Present: Saad Saood Jan, Manzoor Hussain Sial and Zia Mehmood Mirza, JJ
Messrs SARDARPUR TEX ZAHUR TEXTILE MILLS, MANDIWALLA
MAUSER M/S SH. SPINNING MILLS and others
Versus
FEDERATION OF PAKISTAN
Civil Petitions for Leave to Appeal Nos. 293, 295, 297, 298, 280, 302 to 314, 316 to 326 and 333 to 343-L of 1995, decided on 12/04/1995.
Income Tax Ordinance (XXXI of 1979)---
----Ss. 80-C, 80-CC & 80-D---Constitution of Pakistan (1973), Art. 185(3)-- Leave to appeal having been granted in some other cases to consider similar legal issue as had been raised in petitions for leave to appeal under consideration, therefore, leave to appeal was granted to petitioners---During pendency of appeals if appellants undertook that they would pay tax as levied or leviable under Ss. 80-C, 80-CC & 80-D, Income Tax Ordinance, 1979, with interest at the rate of 2 per cent. over bank rate in the event appeals were dismissed, recovery of tax would remain suspended.
Mian Saqib Nisar, Advocate Supreme Court, Ch. Muhammad Aslam, Advocate-on-Record, Syed Zahid Hussain, Advocate Supreme Court, S. Inayat Hussain, Advocate-on-Record, Mehmood A. Qureshi, Advocate-on -Record and Umer Atta Bindial (with permission of Court for Petitioners).
Nemo for Respondent
Date of hearing: 12th April, 1995
ORDER
SAAD SAOOD JAN, J.---Leave to appeal has been granted in C.P No.234-L of 1995 on 4-4-1995 to consider the same legal issue as has been raised in these petitions. Leave to appeal is therefore granted in these petitions as well. All the appeals should be heard together at an early date.
2. During the pendency of the appeals if the appellants 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 % over the bank rate in the event the appeals are dismissed, the recovery of the tax shall remain suspended.
A.A/S-1060/S Leave granted