Law:

Section:

(a) Income Tax Ordinance (XXXI of 1979)---S. 23(xviii)---Assessee, a limited company---No disallowance could be made in the case of limited company on account of personal element ---Disallowances under heads travelling and motor vehicle were thus deleted while disallowances under heads entertainment and telephone were confirmed. I.TA. No.149/HQ of 1987-88 and I.T.A. No.2526/KB of 1986-87 fol. (b) Income Tax Ordinance (XXXI of 1979)--- ----S. 134---Income Tax Appellate Tribunal Procedure Rules, 1981, R.14--¬Question of law which goes to the root of the case could be raised at any stage of the proceedings even if the same had not been taken before the earlier forums. C.I.T. Madras v. Mahalakshmi Textile Ltd. (1967) 66 I T R 710 and C.I.T., Lahore v. Government Jallo Rosin and Turpentine Factory 1976 P T D 206 ref. (c) Income Tax Ordinance (XXXI of 1979)--- ----S. 9---Charge of income-tax---Requirements The income-tax is to be charged, levied and paid for each assessment year in respect of the total income of the income year. Therefore, before charging, it has to be seen that, there was (i) a total income; (ii) which was for an income year corresponding to the assessment year. (d) Income-tax--- ----'Income received'---Meaning---'Received' means actually received. Keshav Mills Limited v. C.I.T., Bombay (1953) 23 I T R 230; Pondichorry Railway Co. v. Commissioner of Income-tax (1931) 58 IA 239 and S. Narayanaswami and another v. C.I.T., Madras (1962) 45I T R 335 ref. (e) Income Tax Ordinance (XXXI of 1979)--- ----S. 11(1)(a)'---Entry in the balance-sheet without actual remittance from abroad cannot constitute an income. Keshav Mills Limited v. C.I:T., Bombay (1953) 23 ITR 230; Pondichorry Railway Co. v. Commissioner of Income-tax (1931) 58 IA 239 and S. Narayanaswami and another v. C.I.T., Madras (1962) 45 ITR 335 distinguished. (f) Income Tax Ordinance (XXXI of 1979)--- ----S.11(1)(a)---What has to be included in the total income under S.11(1)(a) is the income received or deemed to be received---No evidence available on record that any income was received by the assessee in the relevant account year, and even if any amount was received, before including such amount…

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