AGL 38.02 Increased By ▲ 0.08 (0.21%)
AIRLINK 197.36 Increased By ▲ 3.45 (1.78%)
BOP 9.54 Increased By ▲ 0.22 (2.36%)
CNERGY 5.91 Increased By ▲ 0.07 (1.2%)
DCL 8.82 Increased By ▲ 0.14 (1.61%)
DFML 35.74 Decreased By ▼ -0.72 (-1.97%)
DGKC 96.86 Increased By ▲ 4.32 (4.67%)
FCCL 35.25 Increased By ▲ 1.28 (3.77%)
FFBL 88.94 Increased By ▲ 6.64 (8.07%)
FFL 13.17 Increased By ▲ 0.42 (3.29%)
HUBC 127.55 Increased By ▲ 6.94 (5.75%)
HUMNL 13.50 Decreased By ▼ -0.10 (-0.74%)
KEL 5.32 Increased By ▲ 0.10 (1.92%)
KOSM 7.00 Increased By ▲ 0.48 (7.36%)
MLCF 44.70 Increased By ▲ 2.59 (6.15%)
NBP 61.42 Increased By ▲ 1.61 (2.69%)
OGDC 214.67 Increased By ▲ 3.50 (1.66%)
PAEL 38.79 Increased By ▲ 1.21 (3.22%)
PIBTL 8.25 Increased By ▲ 0.18 (2.23%)
PPL 193.08 Increased By ▲ 2.76 (1.45%)
PRL 38.66 Increased By ▲ 0.49 (1.28%)
PTC 25.80 Increased By ▲ 2.35 (10.02%)
SEARL 103.60 Increased By ▲ 5.66 (5.78%)
TELE 8.30 Increased By ▲ 0.08 (0.97%)
TOMCL 35.00 Decreased By ▼ -0.03 (-0.09%)
TPLP 13.30 Decreased By ▼ -0.25 (-1.85%)
TREET 22.16 Decreased By ▼ -0.57 (-2.51%)
TRG 55.59 Increased By ▲ 2.72 (5.14%)
UNITY 32.97 Increased By ▲ 0.01 (0.03%)
WTL 1.60 Increased By ▲ 0.08 (5.26%)
BR100 11,727 Increased By 342.7 (3.01%)
BR30 36,377 Increased By 1165.1 (3.31%)
KSE100 109,513 Increased By 3238.2 (3.05%)
KSE30 34,513 Increased By 1160.1 (3.48%)

The Supreme Court, setting aside a verdict of Peshawar High Court (PHC), held that Khyber Pukhtukhawa Employees Social Security Institution''s (ESSI''s) income could be taxed under Income Tax Ordinance 1979.
Commissioner of Income Tax, Peshawar, had filed an appeal in the apex court against the PHC verdict. The disputed demand for tax by Commissioner of Income Tax Peshawar on the contributions collected by ESSI is for period 1999-2002 and 2002-2003.
The Commissioner of Income Tax sought to levy tax on the ESSI''s income on the basis that it had income within the meaning of the Income Tax Ordinance, 1979 and did not enjoy any exemption.
The ESSI resisted the claim on two grounds: Firstly, it contended that the receipts did not constitute ''income'' within the meaning of the 1979 Ordinance. Thus, no question arose of there being any income that could be brought to tax. Secondly, even if the said receipts amounted to ''income'' the ESSI was entitled to the exemption contained in clause (62) of Part I of the Second Schedule to the 1979 Ordinance.
Both grounds were rejected by the tax authorities and the ESSI''s appeal before the Appellate Tribunal also failed. The ESSI then filed a tax reference before the Peshawar High Court, which accepted its plea.
Justice Munib Akhtar in a six-page judgment noted that a bare perusal of section 2(24) of Income Tax Ordinance, 1979 shows that the definition of ''income'' is inclusive and not exhaustive. Furthermore, the case law on what is meant by ''income'' under the statute, which extends over a period approaching a century (and indeed emanated under the Income Tax Act, 1922) has established as a bedrock principle that this term is of the widest connotation, amplitude and application.
The apex court judgment noted that in Gopal Saran Narain Singh v. Commissioner of Income Tax (1935) 3 ITR 237, the Privy Council had earlier also ruled that "[a]nything which can properly be described as income, is taxable under the Act unless expressly exempted".
It said that it was impossible to accept the ESSI submission that the amounts received by it, including the contributions under Section 20, were not ''income'' within the meaning of the statute.
The court noted that the second ground whether Clause 62 of Part I of the Second Schedule to the 1979 Ordinance was applicable in the facts and circumstances of the case.
The court observed that the contributions made by the employers under Section 20 are not ''voluntary contributions'', but are clearly both statutory and mandatory. Failure to make timely payment exposes the delinquent employer to the consequences laid down in Section 23. Thus, Clause 62 had no application.

Copyright Business Recorder, 2019

Comments

Comments are closed.