Law: Income Tax Ordinance, 2001

Section: 133,133(5),153A,161,Second SchedulePart-IV,Clause(80)

INCOME TAX ORDINANCE, 2001 (XLIX OF 2001)--Section 153A; Second Schedule-Part IV- Clause (80)--Exemption under the Clause 80 of Part IV of Second Schedule to the Income Tax Ordinance, 2001 is applicable from 01.07.2012, as there is no starting date in said clause and it appears that operation of the provisions of Section 153A was suspended by granting exemption for all the tax-payers till 30.06.2013. -The language of Clause 80 of Part IV of Second Schedule to Income Tax Ordinance, 2001 does support the reasons given by learned counsel for the respondent. There is no starting date and it appears that operation of the provisions was suspended by granting exemption for all the tax-payers till 30.06.2013. In our opinion, language of the Clause 80 of Part IV of Second Schedule to Income l ax Ordinance, 2001 is itself showing its retrospectivity for the period from its inception. The interpretation proposed by the applicant/department does not appeal to logic, because its operation for limited interregnum period would not be in consonance with the purpose of the exemption granted by the Clause 80 of Part IV of Second Schedule to Income Tax Ordinance, 2001. Basic principle of interpretation is to Know the intent of a Legislation. If the intention is reflecting from the language, then the tool of literal interpretation is to be adopted. In our opinion the intent of granting exemption from inception of Section 153A is very clear. Therefore, our answer to the proposition, "whether exemption under the Clause 80 of Part IV of Second Schedule to Income Tax Ordinance, 2001 is applicable from 01.07.2012" is in affirmative. Language of the Clause 80 of Part IV of Second Schedule to Income Tax Ordinance. 2001 is itself showing its retrospectivity for the period from its inception. The intent of granting exemption from inception of Section 153A is very clear. INTERPRETATION OF STATUTE If the intention is reflecting from the language of legislature then the fool of literal interpretation is to be adopted. ORDER: (1). This Tax Reference under Section 133 of the Income Tax Ordinance, 2001 ("Ordinance of 2001"), is to assail order dated 24.04.2017, passed by the Appellate Tribunal…

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