Lahore High Court
2002
THLN 730
2002 PTD 354
Laws Cited
Income Tax Ordinance, 1979
Sections
103,SecondSched.,

COMMISSIONER OF IncomE tax, LAHORE ZONEB, LAHORE

VS

LAHORE CANTONMENT COOPERATIVE HOUSING SOCIETY, LAHORE

Petitioner(s) by: Mian Yousaf Umar for Petitioner
Respondent(s) by: Zia Haider Rizvi for Respondent
Present: NASIM SIKANDAR AND MANSOOR AHMAD, JJ
ORDER

NASIM SIKANDAR, J.-At the instance of the Commissioner of Income-tax, Lahore Zone B, Lahore, the Income-tax Appellate Tribunal has referred a question of law which is said to have arisen out of an order of the Lahore Bench of Income-tax Appellate Tribunal, dated 22-12-1991 which is as under:-Whether on the facts and circumstances of the case, the learned income-tax Appellate Tribunal was justified to hold that receipts of the assessee society from its members under the heads Admission fee, Associate membership fee, transfer fee, subdivision fee and construction violation charges fall within the purview of explanation to clause (103) of the Second Schedule to the Income Tax Ordinance, 1979 and hence exempt from tax?According to the statement of facts the assessee is a Cooperative Society and derives income from development of a housing scheme. The assessee claimed exemption of income under various heads by invoking clause (103) of the Second Schedule to the Income Tax Ordinance. The Ass...