Lahore High Court
2004
THLN 260
2004 PTD 1169 | (2004) 90 TAX 173
Laws Cited
Income Tax Ordinance, 1979 | Constitution of Pakistan, 1973
Sections
80BB80C | 199

MUHAMMAD HUSSAIN & SONS

VS

TAXATION OFFICER

Petitioner(s) by: Latif Ahmad Qureshi
Respondent(s) by: Shahid Jamil
Present: ALI NAWAZ CHOWHAN, J
JUDGMENT

(a) Income Tax Ordinance (XXXI of 1979)-----Ss.80-BB & 80-C---Constitution of Pakistan (1973), Art. 199-Constitutional petition---Maintainability---Question involved in the case was as to whether loading and unloading would constitute a part of "transportation" or not---Such aspect did not entail any detailed factual inquiry, therefore, Constitutional petition was maintainable.(b) Income Tax Ordinance (XXXI of 1979)---------Ss.80-BB & 80-C---Constitution of Pakistan (1973), Art.199--¬Cons.titutional petition---Income derived from plying of goods trans¬port vehicles---"Transportation" and "ply"---Meaning---Provisions of Ss.80-BB & 80-C, Income Tax Ordinance, 1979 were to be read in harmony and any interpretation was to be made accordingly---Taxation Officer, in the present case, had failed to amplify his opinion with reference to the meanings of words "transportation" and "to ply" as used in the relevant S.R.O. and sections of the statute---High Court in circumstance...