Law: Income Tax Ordinance, 2001

Section: 236, Schedule1stPartIVDivisionV

Law: Income Tax Ordinance, 1979

Section: 50(7F)

INCOME TAX ORDINANCE, 2001----General---Constitutional validity of advance tax/income tax/tax as held by Supreme Court.--The following principles of law are deducible:-- -- That the policy of a tax, in its operation, may result in hardships or advantages or disadvantages to individual assessees which are accidental and inevitable. Simplicitor this fact will not constitute violation of any of the fundamental rights. That while interpreting Constitutional provisions Courts should keep in mind, social setting of the country, growing requirements of the society/nation, burning problems of the day and the complex issue facing the people which the Legislature in its wisdom through legislation seeks to solve. The judicial approach should be dynamic rather than static, pragmatic and not pedantic and elastic rather than rigid. That the law should be saved rather than be destroyed and the Court must lean in favour of upholding the constitutionality of a legislation keeping in view that the rule of Constitutional interpretation is that there is a presumption in favour of the constitutionality of the legislative enactments unless ex facie it is violative of a Constitutional provision. That what is not -income- under the Income Tax Act can be made -income- by a Finance Act. An exemption granted by the Income Tax Act can be withdrawn by the Finance Act or the efficacy of that exemption may be reduced by the imposition of a new charge, of course, subject to Constitutional limitations. That generally the effect of a deeming provision in a taxing statute is that it brings within the tax net an amount which ordinarily would not have been treated as an income. In other words, it brings within the net of chargeability income not actually accrued but which supposedly to have accrued notionally. That when a statute enacts that something shall be deemed to have been done which in fact and in truth was not done, the Court is entitled and bound to ascertain for what purposes and between what persons the statutory fiction is to be resorted to. That where a person is deemed to be something the only meaning possible is that whereas lie is not in reality that something, the Act requires…

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