Law: Income Tax Act, 1922

Section: 15,15BB,(4AA),(4C)

Law: Constitution of Pakistan, 1973

Section: 279

(a) Income-tax Act (XI of 1922)---S. 15-BB-Exemption from payment of income-tax-Income of agricultural companies declared in form of dividends-Held, can be equated with income declared in form of dividends by a company covered under S. 15-BB-Factum of exemption from payment of income-tax in respect of two kinds of income establishes-nexus between them. Commissioner of Income-tax, Lahore Zone, Lahore v. Mst. Gulzarina, Multan (1973) 28 Taxation 61 fol. (b) Legislation¬---- ----Curative statutes-Scope of operation-Final cannot be affected by such statute-Judgment until final is, however, subject to power of Legislature to enact curative legislation. (c) Income-tax-- --Assessment-Order of assessment found to be without jurisdiction ¬Held, can be validated during pendency of an appeal or other proceedings arising therefrom by retrospective legislation. (d) Interpretation of statutes- ---Constitutional provision-Two interpretations possible-Interpretation validating such provision-To be preferred. (e) Interpretation of statutes- ----Words "shall" or "hereinafter" used in statute-To be taken to indicate an intent that statute is to be construed prospectively-Use of words "has been" or "heretofore"-Constitutes an explicit declaration that statute has to be construed retrospectively. (f) Interpretation of statutes- ----Law should be interpreted in such a manner that it should rather be saved than destroyed-Legislation not to be struck down unless absolutely necessary. One of the cardinal principles of interpretation is that a law should be interpreted in such a manner that it should, rather be saved than be destroyed and that the Courts should lean in favour of upholding the constitutionality of a legislation and should be reluctant to strike down laws as unconstitu¬tional. unless when absolutely necessary and if not done might well result in grave and serious consequences. (g) Income-tax Act (XI of 1922)-- --- S. 15-BB (4-AA), (4-C) read with Finance Ordinance (XXI of 1972) and Constitution of Pakistan (1972), Art. 279-Exemption from income-tax-Retrospective enactment of subsection (4-AA) of S. 15-BB of Act from date of inception of Act through Ordinance disentitling…

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