JUDGMENT:

IRFAN SAADAT KHAN, JUSTICE:--- Brief facts of the lis before us are that M/s Riaz Bottlers, (now Lotte Akhtar Beverages), ("Respondent") happens to be a private limited company, which derives its income from bottling carbonated soft drinks and non-carbonated drinks. The Respondent's original assessment for the assessment year 2001-2002 was completed under section 62 of the Income Tax Ordinance, 1979 (which now stands repealed but will be referred to as the "Ordinance" herein). This assessment was set aside by the Income Tax Appellate Tribunal, vide Order, dated 01.12.2007, on various issues for de novo consideration.2. Subsequently, the taxation officer, vide Order, dated 28.06.2008, re-assessed the said issues and made an addition of PKR 7,336,220/- on account of Workers Profit Participation Fund ("WPPF") and interest thereon was added under section 25(c) of the Ordinance, besides other additions. Aggrieved of the re-assessment the Respondent taxpayer preferred an Appeal before Commis...