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...
PRESENT:
AUTHOR(S): ASIM HAFEEZ, JUSTICE AND SHAHID KARIM, JUSTICE
Petitioner(s) by: COMMISSIONER INLAND REVENUE.
Respondent(s) by: MUHAMMAD ZUBAIR ALAMGIR AND OTHERS.
Law: Income Tax Ordinance, 2001
Sections: 75,76,77,130
Disclaimer / Note: We have reproduced the judgment for facilitation of readers; however, the readers must study the original or certified copy of the above said judgment before referring it in any Court of Law. The judgment as reproduced above is a reported judgment available in law magazines and journals namely: 2025 PTD 569