9911796707
TMI Blog1982 (7) TMI 16X X X X Extracts X X X X X X X X Extracts X X X X ..... e Agreement for the Avoidance of Double Taxation between India and Pakistan, the Pakistan income is to be taken as determined, and included, in the Indian assessment under the Indian laws, or as assessed in Pakistan as per the Pakistan law for the, assessment years 1956-57 to 1966-67 (both inclusive) ? (2) Whether, on the facts and in the circumstances of the case, the sum of Rs. 24,390 is deductible under section 32(1)(iii) of the Income-tax Act, 1961, in the computation of the total income for the assessment year 1965-66 ?" The learned counsel for the respective parties agree that in of the decision of this court in Associated Cement Co. Ltd. v. CIT [1981] 127 ITR 560, question No. 1 aforesaid is concluded against the assessee. In vie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... scarded or destroyed as contemplated under sub-s. (1) of s. 32 of the said Act. The appeal preferred by the assessee to the AAC was allowed by the AAC on the ground that the confiscation of the car by the Customs authorities amounted to either demolition or destruction of the said car. The Revenue preferred an appeal to the Income-tax Appellate Tribunal against the said decision, and this appeal was allowed by the Tribunal. The Tribunal held that the confiscation of an asset could not be brought within one or the other of the expression " sold, discarded, demolished or destroyed ". It is from this decision of the Tribunal that the aforesaid question (No. 2) has been referred to us. Section 32 of the said Act deals with the question of dep ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n. " Confiscation ", in the relevant context, means appropriation to public treasury by way of penalty or seizure as if by authority (see Concise Oxford Dictionary of Current English, 5th edn., p. 254). There is no question of demolition or destruction of any asset when it is confiscated, and on a plain grammatical reading it is not possible to extend the provisions of this clause to a case of confiscation. As per the well-known dictum of Rowlatt J. in Cape Brandy Syndicate v. IRC [1921] 1 KB 64, at p. 71 (KB): " In a taxing Act one has to look merely at what is clearly said. There is no room for any intendment. There is no equity about a tax. There is no presumption as to a tax. Nothing is to be read in, nothing is to be implied. One can ..... X X X X Extracts X X X X X X X X Extracts X X X X
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