Law: Finance Act, 1978

Section: 3,3(4)(a)

Law: Constitution of Pakistan, 1973

Section: 185(3)

Finance Ordinance (XXXI of 1978)---S. 3(4)(a)---Constitution of Pakistan (1973), Art. 185(3)---Benefits of export rebate---Entitlement---Leave to appeal was granted by the Supreme Court to examine legal questions of general importance to the effect namely whether concession of export rebate in terms of S. 3(4)(a), Finance Ordinance, 1978 was admissible not only to firm but the partners thereof as well and that of the Indian High Court in Commissioner of Income tax v. Indo Marine Agencies (1973) 87 ITR 41 was distinguishable as the provisions of Indian Finance Ordinance, 1963 were different from the provisions of Finance, Ordinance, 1978. (b) Interpretation of statutes--- ---- Proviso to a section---Function---Principles of interpretation. , proviso deals with the subject, which is covered by the enacting part of the provision. The proviso only carves out an exception which, but for the proviso, would fall within the language and meaning of the enacting part. A proviso, therefore, has to be interpreted strictly, and where the language of main enacting part is clear and unambiguous, the proviso cannot by implication exclude from its purview what clearly falls within the express terms of the main enacting part. The proviso only limits the operation of the main enacting part to the extent it is indicated in the proviso, meaning thereby that but for the proviso the case would fall within the ambit of the enacting part. (c) Finance Ordinance (XXXI of 1978)--- ----S. 3(4)(a)---Registered firm---Benefit of export rebate---Entitlement---Export rebate contemplated under S.3(4)(a), Finance Act, 1978 was admissible both to the registered firm as well as its partners in respect of super-tax and income-tax payable by them respectively---Principles. Where the total income of "an assessee" includes any profit or gain derived from the export of goods manufactured in Pakistan, the income tax and super-tax payable in respect of such profit and gain is to be reduced by an amount equal to half of the income-tax and super-tax which is attributable to the sale proceeds of the export goods subject of course, to the conditions mentioned in clauses (b), (c) and (d) of section 3(4) of…

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