FAISAL ARAB, J.-The Commissioner of Income Tax Companies-II Karachi has proposed following question of law seeking opinion of this Court, which arises from Tribunal's decision, dated 14-10-1992 passed in I.T.A. No.279/KB of 1991-92.Question of Law."Whether on facts and circumstances of the case the learned I.T.A.T. was justified in holding that salaries of a director are to be assessed under section 16 and not under section 30 of Income Tax Ordinance, 1979."Brief facts of the case are that the Respondent as director of Pakland Cement Limited and Pakland Housing (Pvt.) limited received director's remuneration from both the companies. In his return for the assessment year 1989-90, the. Respondent treated remuneration received from both the companies as salary income and sought assessment under section 16(1) read with section 16(2)(e) of the Income Tax Ordinance, 1979. The Income Tax Officer however, treated director's remuneration received from only one company as salary income. The remu...
PRESENT:
MUHAMMAD MUJEEBULLAH SIDDIQUI AND FASIAL ARAB, JJ
Law: Income Tax Ordinance, 1979
Sections: 16,16(2),16(2)(a),16(2)(e),30,136,136(2)
Law: Income Tax Rules, 1982
Sections: 3,(2)(c)
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: 2007 PTD 290 | (2007) 95 TAX 275