Law: Income Tax Ordinance, 1979

Section: 80D,2nd Schedule,2(24)(c),12(l),13,19(4),22(a),5 9C(a),18(2),18A(1A)(b),18AA(1),1813,18C, 18CC

Law: Constitution of Pakistan, 1973

Section: FourthSchedule,260,8,18,24,25

(a) Income Tax Ordinance (XXXI of 1979)--- ----Ss.2(24)(c) & 80-D---Constitution of Pakistan (1973), Fourth Sched., Part I, Entry 47---Term 'income'---Connotation---Term 'income' has been used commonly in Fourth Sched., Part I, Entry 47 of the Constitution of Pakistan and Ss.2(24)(c) & 80-D, Income Tax Ordinance, 1979---Expression "deemed to be income" has been consciously employed in both the statutory provisions by the Legislature. viz. Ss.2(24)(c) & 80-D of the Income Tax Ordinance. (b) Interpretation of statutes--- ---- Sweeping general words which are difficult to apply in their full literal sense---Construction---Guideline. It is the safest guide that when construction of sweeping general words which are difficult, to apply in their full literal sense the Court is to examine other words of like import in the same instrument and to see what limitations must be imposed on them and if it is found that a number of such expressions have to be subjected to limitations and qualifications and that such limitations and qualifications are of same nature, that circumstance forms a strong argument for subjecting the expression in dispute to a like limitation and qualification. Maxwell on Interpretation of Statutes, 10th Edn. p.29 ref (c) Income Tax Ordinance (XXXI of 1979)--- ----S.80-D---Expression 'deemed to be income'---Connotation---Presumptive taxation---Income-tax is imposed/levied not only on the basis of profit/gain, but even on such amount which could only be deemed/believed to be gain of an assessee. Expression 'deemed to be income' has been used repeatedly with certain limitations and qualifications in the Ordinance, while taking care of different situations in respect of accruing or arising income, for purpose of levying Income-tax. Reference can be made to sections 12(1), 13, 19(4), 22(a), 59C(a), 18(2), 18A(1-A)(b), 18AA(1), 18B, 18C, 18CC etc. of the Ordinance. At this juncture it is to be kept in mind that under these sections instead of actual/physical income, the income which will accrue/arise subsequently being presumptive income, has been accepted as income for purpose of levying income-tax. Therefore, in such situation, where the same…

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