Lahore High Court
2025
THLN 2599
2025 PTD 569
Laws Cited
Income Tax Ordinance, 2001
Sections
75,76,77,130

Mugtedir Akhtar Shabir and Mirza Shahryar Beg for Applicant-department.

VS

NEMO

Petitioner(s) by: COMMISSIONER INLAND REVENUE
Respondent(s) by: MUHAMMAD ZUBAIR ALAMGIR AND OTHERS
Present: AUTHOR(S): ASIM HAFEEZ, JUSTICE AND SHAHID KARIM, JUSTICE
ORDER

C.M. No. 1/2023This application seeks restoration of titled reference application. Affidavit of learned counsel is attached herewith. For the reasons pleaded, this application is allowed. And main case is restored to its original number Office.is directed to fix this case today. Main case12. This Reference application arises out of order dated 24.07.2012 of learned Appellate Tribunal Inland Revenue, Lahore ("Appellate Tribunal"), and following question of law is proposed for our opinion,"Whether under the facts and circumstances of the case, the ATIR was justified to hold that the sale of properties was not in nature of trade merely on the ground that the, properties in question were received through inheritance whereas sections 75, 76 and 77 of the Income Tax Ordinance specifically provides for taxation of gain on sale of such - properties which have been received at no costs under inheritance?"3. Matter pertains to Tax year 2005.4. Report of service of notices is available. Despite s...