Law: Wealth Tax Act, (XV of 1963)

Section: 2(2),2(9),3,17B,21

Law: Companies Ordinance, 1984

Section: 2(7)

Law: Income Tax Ordinance, 1979

Section: 2(16)(bb)

(a) Wealth Tax Act (XV of 1963)---Ss. 2(2), 2(9), 3, 17-B & 21---Income Tax Ordinance (XXXI of 1979), S.2(16)(bb) [as added by Finance Ordinance (XIV of 1983)]--­Companies Ordinance (XLVII of 1984), S.2(7)---Charge of wealth tax--­Trust, whether a company---Trust not included in charging S.3 of Wealth Tax Act, 1963 or in definition of "company" as given in S.2(7) of Companies Ordinance, 1984---According to S.2(2) of Wealth Tax Act, 1963, words and expressions used, but not defined in the Act would have meanings assigned to them under Income Tax Ordinance, 1979.---Trust was included in definition of "company" as given in S.2(16)(bb) of Income Tax Ordinance, 1979---Such fiction of law was not found in, definition of "company" as given in S.2(9) of Wealth Tax Act, 1963--­Held, since expression "company" as used in Wealth Tax Act, 1963 was defined in S.2(9) thereof, same could not be interpreted with reference to definition of expression "company" as given in the Income Tax Ordinance, 1979---Trust was not liable to charge of wealth tax. (b) Interpretation of statutes--- ---- Definitions given in a statute---Not applicable to other statutes unless adopted through legislation by incorporation or reference---Definitions given in a particular statute are to be employed for the purpose, of that statute only until and unless said definitions are adopted by any other statute through legislation by incorporation or reference. (c) Interpretation of statutes--- ---- Taxing statute---One has to look merely at what is clearly stated therein---No room for any intendment ---No presumption as to a tax--­Nothing is to be read in ---Nothing is to be implied---One can only look fairly at the language used. Government of Pakistan and others v. Messrs Hashwani Limited PLD. 1990 SC 68 rel. (d) Interpretation of statutes--- ---- Fiscal statutes---Tax on any person is to be levied by clear and unambiguous words---Expressions used in charging sections are not to be stretched by any process of interpretation, so as to bring a person within tax net not falling under clear and plain language of statute. Government of Pakistan and others v. Messrs Hashwani Limited PLD 1990 SC 68; Pakistan…

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