I.T.As. Nos.3977/LB to 3979/LB of 1996, 2462/LB to 2466/LB 'of 1998, Versus I.T.As. Nos.3977/LB to 3979/LB of 1996, 2462/LB to 2466/LB 'of 1998,
ORDER
MUHAMMAD TAUQIR AFZAL MALIK (JUDICIAL MEMBER). ‑‑‑These are 19 appeals placed before us for hearing; eight appeals have been filed by the assessee for the charge years 1992‑93 to 1997‑98 and eleven appeals have been filed by the department for the charge years 1988‑89 to 1997‑98.
2. These appeals have been fixed 'in view of the remand order by the Apex Court of this country in Civil Petitions Nos.1558 to 1574 of 2000, dated 1‑10‑2001. In the remand order, it is clear that only for two fiscal years i.e. 1989‑90 and 1990‑91 the appeals have been remanded for fresh adjudication on one issue only. These appeals bear I.T.As. Nos.409 and 410/LB of 1992‑93 for the charge years 1989‑90 and 1990‑91 titled as l1:.C. v. Messrs Kamalia Sugar Mills Ltd., Lahore.
3. We will give our findings on the abovesaid two appeals. The rest of the appeals shall be consigned to the record room as they are.
4. A.R. is present and has been heard. None present for the Revenue
5. The order of the Supreme Court and the specific directions contained therein are as under:‑‑
10. We have heard the parties' counsel who after long debate consented for disposal of these appeals by passing following order:‑‑
(i) Let the Income Tax Appellate Tribunal, Lahore reconsider the cases of appellants after taking into consideration Form "A" issued by Registrar, Joint Stock Companies under section 156 of the Companies Ordinance, 1984 pertaining to years 1989‑90 and 1990‑91.
(ii) If Tribunal on having gone through Form "A" formed opinion that Government of Punjab and shares in these companies not less than 5096 only then they would be entitled for rebate of 5% on super tax.
(iii) If the Income Tax Tribunal on having gone through these Forms opined that prior to dissolution of PIDB by Government of Punjab vide Notification, dated January 1,1998 less than 50% shares of the Company were not in the name of Provincial Government Punjab but it were in the name of Board then appellants shall not be entitled for 5 % rebate on super tax in view of the judgment of this Court reported in 1993 SCMR 468 and in such situation appellants shall, be bound to pay super tax without claiming rebate and they will also be estopped to agitate their grievance in this behalf in any other manner.
(iv) Let the Tribunal dispose of cases expeditiously as far as possible within a period of two months preferably after receipt thereof.
(v) Parties are left to bear their own costs.
6. A.R. of the assessee and Mr. Khalil Ahmed, Stenotypist of the Registrar, Joint Stock Companies is present with record. He was ordered to place the original relevant record before the Court and with the assistance of the A.R.‑‑
(1) Form‑A for Annual Return starting from 28‑6‑1989‑(Exh. Mark "A").
(2) Exh. Mark "B: 30‑6‑1990.
(3) Exh. Mark "C" 30‑6‑1991. have been perused. Photostat copies of the same have been requisitioned from the concerned clerk, who have attested them, and placed on record exhibited as Marks‑A, B and C. The relevant information is on page 3 in all exhibits which have been highlighted and signed (by me the author of this judgment). In Exhs. Marks‑A, B and C shares of the Board are to the tune of 4999990 out of 500000.
7. In this view of the matter the assessee is not entitled to 5% rebate on super tax in view of the judgment reported as 1993 SCMR 468.
8. Both the abovesaid appeals are disposed of in the abovesaid manner . . . .
C.M.A./M.A.K./264/Tax(Trib.) ?????????????????????????????????????????????? Appeals disposed of.