COMMISSIONER OF INCOME-TAX/WEALTH TAX, LAHORE, ZONE-B, LAHORE. VS FAROOQ AHMED
2001 P T D 2876
[Lahore High Court]
Before Nasim Sikandar and Mansoor Ahmad, JJ
COMMISSIONER OF INCOME‑TAX/WEALTH TAX,
LAHORE, ZONE‑B, LAHORE
versus
FAROOQ AHMED
C.T.R. No.66 of 1997, decided on 08/05/2001.
Finance Act (XXXI of 1978)‑---
‑‑‑‑S.3(4)(a)‑ Export rebate‑‑‑Allowance‑‑‑Entitlement to partners of the firm‑‑‑Export rebate already allowed to the Firm shall also be allowed to the partners of the same firm.
Commissioner of Income‑tax v. Nasir Ali and others 1999 PTD 1173 rel.
Kh. Muhammad Saeed for Petitioner.
ORDER
At the instance of the Revenue Lahore Bench .of the Income Tax Appellate Tribunal has framed the following question of law for our consideration and answer:
"Whether in the facts and the circumstances of the case, the I.T.A.T. was right in holding that the export rebate already allowed to the Firm shall also be allowed to the partners of the same Firm."
2. Learned counsel for the Revenue at the outset agrees that an affirmative answer to similar questions by a Division Bench of the Sindh High Court was subsequently maintained by the Hon'ble Supreme Court of Pakistan in Re: Commissioner of Income‑tax v. Nasir Ali and others reported as 1999 PTD 1173.
3. That being so the answer to the question in accordance with the ratio settled by the Supreme Court of Pakistan is returned in the affirmative.
C. M. A. /M. A. K./C‑104/LReference answered.