Law: Income Tax Ordinance, 1979

Section: 89

(a) Interpretation of statutes--- ----Principles---First and safest principle of interpretation of fiscal statute is to remain within the language of law and not going beyond the intendments---Literal construction is the only safeguard rule in interpreting a fiscal statute. M. O. Devassia & Co. v. Commissioner of Income-tax (1973) 90 ITR 525 (Ker.); Ballarpur Collieries Co. v. Commissioner of Income-tax (1973) 92 ITR 219 (Bom.-Nag.); K. T. Wire Products v. Union of India (1973) 92 ITR 459 (All.); Commissioner of Income-tax v. Dhanji Shamji (1974) 97 ITR 173) (Guj.) and Commissioner of Income-tax v. Garden Silk Wvg. Factory (1975) 101 ITR 658 (Guj.) ref. (b) Income Tax Ordinance (XXXI of 1979)--- ----S. 89---C.B.R. Circular No.8 of 1991---Additional tax---Levy--¬Meaning--- Commissioner of Income-tax (Appeals) setting aside the assessment---Held, for calculating additional tax intervening period (for the period during which the order of Assessing Officer remained non-existent due to set aside order, was not to be included---Department was directed to reduce the additional tax for the said period from the demand of additional tax as communicated to the assessee. 1987 PTD 89 and 1994 PTD 189 distinguished. ORDER KHAWAJA FAROOQ SAEED (JUDICIAL MEMBER). ---This appeal filed by the assessee calls for indulgence of this Court on the issue of charge of additional tax under section 89 for the period during which the order of the I.T.O. remained set aside under directions of the first appellate authority till reversal of the same by the learned Tribunal. 2. The facts in brief are that the assessee was assessed to tax by the I.T.O. and a demand of Rs.9,08,449 was created through an order, dated 30-5-1992. The assessee filed an appeal before the first appellate authority which was disposed of vide order, dated 14-8-1992. In this order the learned first appellate authority set aside the order of the assessing officer. Cross appeals were filed by the assessee as well as by the department which were decided on 13-9-1995 vide I.T.A. No.1542/LB of 1992-93. The learned Tribunal through this order accepted the plea of the department and restored the order of the I.T.O. The…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492