Law: Income Tax Ordinance, 1979

Section: 2(24),20,23,2nd Schedule,Pt.I,Cl.62(1)

(a) Income Tax Ordinance (XXXI of 1979) [since repealed]--- ----Ss. 2(24) & 20---"Taxable income"---Scope---Contributions made by employers to Khyber Pakhtunkhwa Employees Social Security Institution ("the Institution")---Term 'income' used in S. 2(24) of the Income Tax Ordinance, 1979 was of the widest connotation, amplitude and application---Contributions received by the Institution under S.20 of the Ordinance were "income". Kamakshya Narain Singh v. Commissioner of Income Tax (1943) 11 ITR 513; Gopal Saran Narain Singh v. Commissioner of Income Tax (1935) 3 ITR 237 and Kanga and Palkhivala's The Law and Practice of Income Tax, 8th ed. (1990), pg. 119 ref. (b) Income Tax Ordinance (XXXI of 1979) [since repealed]--- ----Ss. 20, 23 & Second Sched., Pt. I, Cl. 62(1)---Taxable income---Exemption---Contributions made by employers to Khyber Pakhtunkhwa Employees Social Security Institution ("the Institution")---Whether income received by the Institution in the form of contributions was exempt from tax in terms of Cl. 62 of Part I of Second Schedule to the Income Tax Ordinance, 1979 ("the Ordinance")---Clause 62 applied in case of "voluntary" contributions---Contributions to be made by employers under S. 20 of the Ordinance were "mandatory"---Failure to make timely payment exposed the delinquent employer to the consequences laid down in S. 23, which provided that if there was non-payment of any amount due under S. 20, then what was payable stood increased by such percentage or amount as may be prescribed---Section 23 further provided that any unpaid amount could be recovered as arrears of land revenue---Contributions under S. 20 were, thus, not voluntary and therefore did not come within the scope of Cl. 62 of Part I of Second Schedule to the Ordinance. (c) Income Tax Ordinance (XLIX of 2001)--- ----Second Sched., Pt. I, Cl. 142---Income Tax Ordinance (XXXI of 1979) [since repealed], S. 20 & Second Sched., Pt. I, Cl. 62(1)---Taxable income--- Exemption--- Retrospective effect--- Scope---Contributions made by employers to Khyber Pakhtunkhwa Employees Social Security Institution---Tax assessment years falling under the Income Tax Ordinance, 1979 ("the 1979…

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