Law: Income Tax Ordinance, 1979

Section: 107,59,18,20,23,39,40,107

Law: Income Tax Rules, 1982

Section: 8(8)(b),5

(a) Income-tax Ordinance (XXXI of 1979)-- ---S. 59--Surcharge is not leviable on amount of taxes payable. (1979) 40 Taxation 47 (Trib.) rel. (b) Income-tax Ordinance (XXXI of 1979)-- ---S. 107--C.B.R. Circular Letter No. 1(40) I T I/79 Vol. (2) dated 5-2-1983--- Concession--Purchase of plant and machinery--Installation charges, held, not included in cost of plant and machinery unless such concession was given by Central Board of Revenue. (c) Income-tax Ordinance (XXXI of 1979)---Ss. 18, 20, 23, 39, 40 & 107--Income-tax Rules, 1982, Rr. 8(8)(b) & 5 of Third Sched.--C.B.R. Circular Letter No. 1(40) I T 1/79 dated 5-2-1983--Reduction--Tax credit--Income-tax Officer reducing amount of tax credit from cost of machinery for purpose of depreciation calculated under R. 8(8)(b) of Income-tax Rules--Assessment order showing that-,l Income-tax Officer deducted certain amount on account of tax credit from written down value of machinery without giving any reason following Central Board of Revenue Circular dated 5-2-1983--Computing actual cost of an asset for purpose of initial depreciation, tax credit, held, was not to be deducted from value of plant and machinery--Words 'tax credit' not synonym of word 'allowance' or deduction--Tribunal directed Income-tax Officer not to exclude amount of tax credit from cost of an asset as same could not be excluded under R . 8(8)(b) of Third Schedule to Ordinance. (d) Interpretation of statutes-- ---When legislature uses several words deliberately to convey different meaning they could not be taken to be synonymous of each other. (e) Income-tax Ordinance (XXXI of 1979)--- --S.107--Word 'tax credit' as used in S. 107, held, could not be taken to be synonymous with word allowance or deduction. ORDER FARHAT ALI KHAN (MEMBER).--These cross-appeals are arising out of the order of learned Commissioner of Income-tax (Appeals) Zone II, Karachi, recorded by him on 3rd March. 1983, relating to assessment years, 1980-81, 1981-82 and 1982-85. The first three appeals have been filed by the Department, whereas the second two appeals have been filed by the assessee (hereinafter referred to as "the appellant")The first appeal filed by the…

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