Law: Income Tax Act, 1922

Section: 66(1),10(2)(xvi),23(3),22(4),10(2)(xiva) ,23(2),23(4),10(2)(x)

Law: Income Tax Act, 1922

Section: 66(1),10(2)(xvi),23(3),22(4),10(2)(xiva) ,23(2),23(4),10(2)(x)

Income Tax Act, 1922 -- Sections 10(2)(xiva), (xvi) -- Business expenditure -- Expenditure on educational institutions for the education of children and dependents of employees for the education of children and dependents of employees -- Admittedly not admissible deduction under clause (xiva) -- Whether can be allowed as business expenditure under clause (xvi) -- Held no -- True construction of Section 10(2) and scheme of various clauses enumerated thereunder -- Clauses alternative and mutually exclusive in their scope and effect Clause (xiv-a) in its relation to clause (xvi) -- Assessee-Company incurring expenses in connection with education of the dependents of its employees -- Misuse by employees of the concession allowed to them and company, therefore, charging nominal fees from its employees -- Assessee-Company claiming deduction on account of the educational expenses incurred -- Income-tax Officer refusing deduction under clause (xiv-a) on ground that assessee was charging fees and was therefore not entitled to deduction as provided by proviso to clause (xiv-a) -- Appellate Tribunal, however, allowing deduction holding that even if deduction could not be allowed under proviso to clause (xiv-a), circumstances of case required application of more beneficial provision under clause (xiv) -- Held: Tribunal was not justified in holding that deduction could be allowed under Section 10(2)(xiv) even if expenses incurred where inadmissible under Section 10(2)(xiv-a) -- Generalia specialibus non derogant (general words do not derogate from special) -- Enunciation of rule -- JUDGMENT The judgment of the court was delivered by MUHAMMAD AKRAM J.---This judgment will dispose of eleven connected petitions (P.T.R. Nos. 185 to 195 of 1973). T.R. Nos. 170 to 175 and (T.R. Nos. 179 to 183 of 1973) made under Section 66(1) of the Income Tax Act, 1922. In all these cases the Commissioner of Income-tax, Rawalpindi Zone, Rawalpindi has applied to the High court against M/s. Attock Oil company Limited, Rawalpindi referring the following common question of law said to arise out of a consolidated order dated the 23rd of April, 1973, passed by the Income Tax Appellant Tribunal…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 510