Law: Income Tax Ordinance, 1979

Section: 30(2)(d)31(1)(c)

(a) Interpretation of statutes--- ---- Legislation by reference/incorporation---Implications---Risk of confusion and other complications involved in such exercise pointed out. (b) Income Tax Ordinance (XXXI of 1979)---Ss.30(2)(d) & 31(1)(c)---Income from other sources ---Depreciation--¬Deduction---Assessee deriving income from hire of machinery, plant or furniture alongwith the buildings which are inseparable from the letting of the said machinery, plant or furniture is entitled to allowance of depreciation. I.T.A. No.648(ID) of 1992-93 rel. (c) Income Tax Ordinance (XXXI of 1979)--- ----S.31(1)(c)---Deduction---Allowances and deductions---Conditions of admissibility. (d) Interpretation of statutes--- ---- Law has to be interpreted in such a way that it is made workable. I.T.A. No.648(ID) of 1992-93 fol. (e) Income Tax Ordinance (XXXI of 1979)--- ----S.31(1)(c)---Income Tax Appellate Tribunal desired that Legislature removed the ambiguity pointed out in S.31(1)(c) of Income Tax Ordinance, 1979 by re¬drafting the same on the lines indicated. Per Muhammad Mushtaq, Accountant Member--- Per Nasim Sikandar, Judicial Member, Contra-- ORDER In this case appeals have been filed both by M/s. Punjab Bottlers (Pvt.) Ltd., Lahore, hereinafter also referred to as the assessee, as well as by the Income Tax Department. The Income Tax Department has challenged the order of the learned C.I.T.(A), Zone-I, Lahore vide A.O. No. 16/CC.II, dated 30-5-1988 for the assessment year 1987-88. The assessee has challenged the following orders of the learned CIT(A) Zone-1 and Zone-2, Lahore: (1) A. O. Nos. 277, 285 & 339/CCII, dated 25-6-1990 (Assessment years 1988-89,1988-89 & 1989-90). (2) A.O. No. 125, dated 7-5-1992 (Assessment year 1990-91). 2. One of the appeals filed by the assessee is against order under section 108 and the other appeals filed by the Income Tax Department as well as the assessee are in respect of orders section 62 of the Income Tax Ordinance, 1979. 3. The disputed issues in all these appeals are common and interlinked, hence these appeals are being decided by a combined order as under. The brief facts leading to these appeals are as under. 4. The…

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