Law: Income Tax Ordinance, 1979

Section: 80,10,9,14,2(43),2(44),80D,80DD&FirstSch ed.

[Interpretation of statutes)].......Fiscal enactment---Distinct types of provisions---Effect. (b) Interpretation of statutes Fiscal enactment-Interpretation of charging sections, assessment and collection/recovery provisions---Charging sections have to be strictly construed and any benefit found therein has to go to the taxpayer---Assessment and collection/recovery provisions are merely the ordinary sections and can be liberally construed. (c) Interpretation of statutes Fiscal enactment---Exemptions---Nature and construction of---Generally there are sections providing exemptions from the general rule whereby the income on the subject matter of levy of tax is allowed to escape the tax net and concession in rate of tax or in tax liability are allowed---Such provisions are in the nature of exceptions and can be compared to a proviso through which exception is allowed to the general rule---As there are distinct types of provisions in a fiscal statute and the purpose of each type of provision is different, therefore, the intention to impose or charge upon any subject must be shown by clear and unambiguous language---By applying the informal interpretation of rules and looking to the context in which the provisions are contained. 1989 PTD 961 rel. [Income Tax Ordinance (XXXI of 1979)]......Sections. 80-D, 80-DD, 50(5), 54, 9, 10, 14, 2(43) & 2(44)---Minimum tax on income of certain persons---Levy of surcharge---Before the assessee was taxed under Presumptive Tax Regime under S.80-D or 80-DD of the Income Tax Ordinance, 1979 his final tax liability was first calculated under the normal tax regime on the basis of total income as the return in this regard was being filed by the assessee in accordance with the law---Provisions of S.80-D or 80-DD of the Income Tax Ordinance, 1979 were applicable only when the liability under the normal law regime was taxed on this basis was less than the tax deducted under S.50(5) of the Income Tax Ordinance, 1979---In some cases it may be more than the tax calculated under the normal tax regime including the surcharge and it was against the very scheme of Income Tax Ordinance, 1979 to levy surcharge on an assessee who was already…

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