COMMISSIONER OF INCOME TAX/WEALTH TAX VS LAHORE CANTT. COOPERATIVE HOUSING SOCIETY, 2006 PTD-LAHORE-HIGH-COURT-LAHORE 660 (2005)

Income Tax Ordinance (XXXI of 1979)---

----Ss. 2(16) & 80-B---Cooperative Society registered under Cooperative Societies Act, 1925---Status---Such Society not a company within meaning of and as defined by Income Tax Ordinance, 1979.

Commissioner of Income Tax, Companies Zone-II, Lahore v. Messrs Iqbal Avenues Cooperative Housing Society Ltd., Lah 2005 PTD 2343 fol.

Shahid Jamil Khan for Appellant.

Date of hearing: 27th October, 2005.

JUDGMENT

This appeal under section 136 of the Income Tax Ordinance, 1979 arises out of a decision of the Income Tax Appellate Tribunal dated 30-8-1999. The sole question attempted to be raised by the Appellate department for expression of opinion by this Court is that whether the respondent assessee, a Cooperative Society registered under the Cooperative Societies Act, 1925 is company for the purposes of Income Tax Ordinance, 1979.

2. An identical legal question came up for expression of opinion before this Court in PTR No.68 of 2001. This Court in its decision reported as Commissioner of Income Tax, Companies Zone-II, Lahore versus Messrs Iqbal Avenues Cooperative Housing Society Ltd., Lahore 2005 PTD 2343 (Lahore High Court) held that a Cooperative Society registered under the Cooperative Societies Act, 1925 is not a company within the meaning of and as defined by the Income Tax Ordinance, 1979.

3. This Court has already expressed the opinion in respect of the question attempted to be raised through this appeal, in the case of Commissioner of Income Tax (Supra). Hence, this appeal is disposed of in the above terms. Order accordingly.

S.A.K./C-4/LOrder accordingly.