TAX able income

Citation Name : 2019 SCMR 439 SUPREME-COURT
Side Appellant : COMMISSIONER OF INCOME TAX PESHAWAR
Side Opponent : DIRECTOR GENERAL, NWFP EMPLOYEES SOCIAL SECURITY INSTITUTION, PESHAWAR
Ss. 2(24) & 20---"TAX able income"---Scope---Contributions made by employers to Khyber Pakhtunkhwa Employees Social Security Institution ("the Institution")---Term 'income' used in S. 2(24) of the Income TAX Ordinance, 1979 was of the widest connotation, amplitude and application---Contributions received by the Institution under S.20 of the Ordinance were "income".

Citation Name : 2019 SCMR 439 SUPREME-COURT
Side Appellant : COMMISSIONER OF INCOME TAX PESHAWAR
Side Opponent : DIRECTOR GENERAL, NWFP EMPLOYEES SOCIAL SECURITY INSTITUTION, PESHAWAR
Ss. 20, 23 & Second Sched., Pt. I, Cl. 62(1)---TAX able income---Exemption---Contributions made by employers to Khyber Pakhtunkhwa Employees Social Security Institution ("the Institution")---Whether income received by the Institution in the form of contributions was exempt from TAX in terms of Cl. 62 of Part I of Second Schedule to the Income TAX Ordinance, 1979 ("the Ordinance")---Clause 62 applied in case of "voluntary" contributions---Contributions to be made by employers under S. 20 of the Ordinance were "mandatory"---Failure to make timely payment exposed the delinquent employer to the consequences laid down in S. 23, which provided that if there was non-payment of any amount due under S. 20, then what was payable stood increased by such percentage or amount as may be prescribed---Section 23 further provided that any unpaid amount could be recovered as arrears of land revenue---Contributions under S. 20 were, thus, not voluntary and therefore did not come within the scope of Cl. 62 of Part I of Second Schedule to the Ordinance.