Pakistan Case Law
1987 SCMR 139

PAKISTAN PROGRESSIVE CEMENT INDUSTRIES LTD. (Now National Cement

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Citation1987 SCMR 139
CourtSupreme Court of Pakistan
Case No.Civil Petitions Nos. 31-K to 33-K of 1985 Income-tax References Nos. 114/115
Date1986-02-11
Judge(s)Abdul Kadir Shaikh and S.A. Nusrat
Authored byS. A. Nusrat
ResultLeave granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition for leave to appeal before the Supreme Court of Pakistan, wherein the petitioners challenged the tax treatment of interest paid on the purchase price of the Dalimia Cement Factory Limited. The core legal question examined by the court is whether the amount of interest paid by the petitioners on the purchase price could be deemed to have been incurred wholly and exclusively for the purpose of business and consequently allowed as a permissible deduction. The court granted leave to appeal to consider this question in depth based on the facts and circumstances of the case, requiring security of Rs. 5,000 in each case. The key principle relates to the interpretation and application of business expenditure deductions under tax law.

Questions settled in this judgment
  • Whether interest paid on the purchase price of a factory can be deemed to have been incurred wholly and exclusively for the purpose of business under the Income-tax Act 1922?
  • Can interest payments on capital acquisitions qualify as allowable business deductions?
Laws & provisions referred
  • Section 10(2)(xvi), Income-tax Act 1922
leave to appealbusiness expenditureinterest on purchase priceincome taxdeductions

ORDER

1. S. A. NUSRAT, J.--Leave to appeal is granted, inter alia, to examine the contention whether on the facts and circumstances of the case the amount of interest paid by the petitioners on the purchase price to Dalimia Cement Factory Limited could be deemed to have been incurred wholly and exclusively for the purpose of business under section 10(2)(xvi) of the Income-tax Act, 1922 and could be allowed as such. Security Rs.5,000 in each case.

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