Law: Income Tax Ordinance, 1979

Section: 54,88,111,SecondSched

(a) Income Tax Ordinance (XXXI of 1979)---S.54---Payment of tax with return of income---"Tax payable on the basis of return" and "tax payable on the basis of assessment"--­Distinction---Clear distinction exists between the tax payable on the basis of return and the tax payable on the basis of assessment order; former denotes an admitted tax liability and the latter is based on the assessed tax liability---Admitted tax liability and the assessed tax liability other than tax liability can never be similar or same---Admitted tax liability and the assessed tax liability can be same in the cases where the declared version is accepted. (b) Interpretation of statutes--- ---- Plain words and patent meanings of law are to be applied and interpreted as they are and no latent meanings are to be attached to the patent words which convey the plain and obvious meaning. (c) Interpretation of documents--- ----Document is to be read as a whole and not in piece or in conjunction with any other material which is not the part of document. (d) Income Tax Ordinance (XXXI of 1979)--- ----S.54---Words "tax payable on the basis of such return"---­Interpretation---Words, "tax payable on the basis of such return" are to be interpreted on a reading of return of total income as a whole including the claim of exemption if any, and the assessment order is not to be read as part of return of total income under any principle of the interpretation of statutes. (e) Income Tax Ordinance (XXXI of 1979)--- ----Second Sched., Cl. (88), Ss. 88 & 54---Exemption---Additional tax for failure to pay tax---Claim of exemption---Non-payment of tax with return---Assessment---Rejection of exemption---Levy of additional tax under S.88 of the Income Tax Ordinance, 1979 on account of default in payment of tax under S.54 of the Income Tax Ordinance, 1979---First Appellate Authority as well as the Appellate Tribunal found that no tax was payable under S:54 and additional tax under S.88 of the Income Tax Ordinance, 1979 in spite of the fact that exemption was rejected and confirmed by the Tribunal---Validity---Appellate Tribunal had rightly found that on account of exemption claimed by the assessee and…

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