Sindh High Court
2007
THLN 701
2007 PTD 290 | (2007) 95 TAX 275
Laws Cited
Income Tax Ordinance, 1979 | Income Tax Rules, 1982
Sections
16,16(2),16(2)(a),16(2)(e),30,136,136(2) | 3,(2)(c)

COMMISSIONER OF INCOME TAX, COMPANIES-II, KARACHI

VS

TARIQ MOHSIN SIDDIQUI

Petitioner(s) by:
Respondent(s) by:
Present: MUHAMMAD MUJEEBULLAH SIDDIQUI AND FASIAL ARAB, JJ
JUDGMENT

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...