Law: Income Tax Act, 1922

Section: 17,17(1),15C

(a) Income-tax Act (XI of 1922)---Ss. 17(1) & 15-C -- Finance Act (VII of 1965), Fourth Sched., Part I, para. A-Section 17 (1), Income-tax Act, 1922, applicable to non-residents-Case of non-resident if covered by sliding scale of tax provided in para. A, Part I, Fourth Schedule of Finance Act, 1965, his whole income would be treated as taxable income without allowing allowance of any sort-Case, if not covered by para. A, Part I, Fourth Schedule of Finance Act, 1965, S. 17(l), Income-tax Act, 1922, will not be applicable. (b) Income-tax Act (XI of 1922)---- Ss. 17(1) & 15-C - Finance Act (VII of 1965), Fourth Sched., Part I, paras. A & B-Explanation of "taxable income" used in para. A as meaning total income without any exemption restricted to only those cases which are covered by para. A-Expression "taxable income" does not control provisions of para. B-Case of assessee, if covered by para. B same will not be controlled by para. A. (c) Finance Act (VII of 1965)-- -- Fourth Sched., Part 1, paras. A & B-Pares. mutually exclusive of each other. (d) Income-tax Act (XI of 1922)- --Ss. 15-A & 15-C-Provisions of S. 15-C applicable to all and do not exclude non-resident persons from their ambit-Sections 15-A & 15-C compared. (e) Income-tax Act (XI of 1922)-- S. 15-C-Benefit of S. 15-C available to non-resident persons except when such benefit taken away specifically or impliedly by any other provision of law. 1979 P T D 484 ref. JUDGMENT MUHAMMAD ZAHOORUL HAQ, J. -This is a Reference by the Commissioner of Income-tax under, section 66 of the Income-tax Act and the following question has been referred: - "Whether on the facts and in the circumstances of the case the non­resident assesses, liable to tax at 30% on the whole of the total income under paragraph A of Part I of the 4th Schedule to the Finance Act, 1965 is entitled to investment allowance under section 15-C of the Income-tax Act, 1922?" At the very outset it may be cleared and Mr. Naim Pasha has made a statement at the Bar in this regard that the syllable 'A' after the word "paragraph" and before the words "of part I "in the question referred is really syllable 'B'. Mr. Waheed Farooqui…

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