The New Piecegoods Bazar Co. Ltd., Bombay Vs. The Commissioner of Income Tax, Bombay

 


CASE COMMENT

The New Piecegoods Bazar Co. Ltd., Bombay Vs. The Commissioner of Income Tax, Bombay

Equivalent citations: 1950 AIR 165, 1950 SCR 553

Author: M C Mahajan

Bench: Mahajan, Mehr Chand

Court- Supreme Court of India

PETITIONER:..................................THE NEW PIECEGOODS BAZAR CO., LTD.,BOMBAY

V.

RESPONDENT:................................THE COMMISSIONER OF INCOME-TAX,BOMBAY

DATE OF JUDGMENT:26/05/1950

 

BENCH:

MAHAJAN, MEHR CHAND

BENCH:

MAHAJAN, MEHR CHAND

FAZAL ALI, SAIYID

SASTRI, M. PATANJALI

MUKHERJEA, B.K.

 

CITATION:

1950 AIR  165

1950 SCR  553

 

Introduction

Even though statutes are normally drafted by legal experts who are specialists in the particulararea of law in which the legislation is meant to be a part, there may be some ambiguity in thestatute despite their best efforts. The Court will next determine how to interpret such anambiguous phrase or statement. The process is referred to as “legislative interpretation”. Taxrules are very complicated, perplexing, and beyond the understanding of the average taxpayer.The terms and idioms used are not easy to understand. Subsections, clauses, and sub-clauses arecommon in many parts. There are a lot of deeming provisions in this bill. The meaning of astatement is expanded by the explanation and decreased by the proviso, with many provisos andexplanations sometimes having various meanings. Various rules are used during theinterpretation of tax law. One of them is the concept of strict construction. The researcherexamined the case of New Piece Goods Bazar Co. Ltd., Bombay vs. The Commissioner of IncomeTax, Bombay to determine the norms of interpretation, as well as the following instances inwhich the subject of New Piece Goods Bazar was challenged. He further clarified the concept ofinterpretation used in the New Bazaar case, as well as future instances that followed the sameapproach, by using the New Bazaar case as a precedent.

Provisions of Law involved

Section 9(1) of the Income Tax Act 1939

9 (i) “The tax shall be payable by an assessee under the head income from property in respect of the bona fide annual value of property consisting of any buildings or lands appurtenant thereto of which he is the owner, subject to the following allowances, namely”

9 (iv) “where the property is subject to a mortgage or other capital charge, the amount of any interest on such mortgage or charge; where the property is subject to an annual charge not being a capital charge, the amount of such charge; where the property is subject to a ground rent, the amount of such ground rent; and, where the property has been acquired, constructed, repaired, renewed or reconstructed with borrowed capital, the amount of any interest payable on such capital”

 

Issues

Whether municipal property tax and urban movable property tax paid under the applicable Bombay Acts acceptable deductions under sections 9(1)(iv) and 9(1)(v) of the Indian Income-tax Act?

Facts of the case

The company in this case is an investment company that derives its income from some of the properties in Bombay. For the 1940-1941 year, the net income from properties computed by the IT officer is around 6 lakhs. For the same year, the company had paid around 1 lakh and 32,000 as municipal tax and urban property tax respectively and they claimed deductions of these municipal and urban taxes from income tax but the commission and high court did not agree on it

Contentions

Arguments given by Petitioner

The appellant's counsel argued that both taxes are assessed on the annual value of the land or building and are annual taxes, though they may be collected at six-month intervals for convenience's sake, that the income tax itself is assessed on an annual basis, that in allowing deductions all payments made or all liabilities incurred during the previous year of assessment should be allowed, and that the taxes in question fell within the scope of the previous year of assessment (iv).

Arguments given by Respondent

The Counsel for the defendants argued that, while taxes are assessed for the year, the obligation to pay them arises at the start of each half-year, and that there is no obligation to pay them until a notice of demand is issued and a bill is presented, and that until then, no charge under section 212 of the Act could arise, and that because the obligation to pay is half-yearly in advance, the charge is not an annual charge.”

Reasoning

The court believes that interest is deductible under the first subclause regardless of whether the money borrowed on the property's security was spent on the property or not. They further decided that the expression “capital charge in the subclause could not relate to a charge on the capital, i.e. the assessed property. A capital charge is a charge imposed on a capital amount, i.e., a fee imposed to secure the repayment of a capital obligation. The term ‘capital charge’ cannot refer to a charge on the property, and it must be interpreted in the same way as sub-clause (1), i.e., where the first sub-clause provided for a deduction of interest where a capital sum is charged on the property, this sub-clause provides for a deduction of annual sums so charged, such sums not being capital sums, with the limiting words intended to exclude cases, where capital raised on the security of the property, where capital raised on the security of the property is made repayable in instalments.”

According to the court, the provisions of the legislation under which the taxes in question are imposed determine whether they fall within the purview of the phrase "annual charge not being a capital charge. The City of Bombay Municipal Act of 1888, Section 143, authorizes the imposition of a general tax on all structures and lands in the city.”

The tax obligation is produced at the start of each official year, and the tax is annual, as required by the Bombay Municipal Act. All property taxes must be paid in advance in half-yearly payments on the first of April and the first of October, according to Section 197 of this Act. The option of paying in half-yearly instalments implies a year-round commitment. In other words, the annual duty might be paid in half-yearly instalments.

Section 212 creates a statutory charge on the building if there is any due in taxes and this is in similar lines with section 24(2)(b) of the Bombay Finance Act. The respondent’s arguments were rejected by the court. The court thinks that an annual responsibility may be paid in half-yearly instalments and that since the liability is annual and the property has been exposed to it, the terms of paragraph (iv) of sub-section (1) of section 9 apply immediately.Finally, the Supreme Court stated, “It is elementary that a Court's primary duty is to give effect to the legislature's intention as expressed in the words used by it, and no outside consideration can be called in to assist in finding that intention

Cases referred

Bijoy Singh Dudhuria v. Commissioner of Income Tax[i]

In this instance, the court-ordered support for his stepmother under the aforesaid sub-clause, which had been levied against all of his assets by a court order.Appellant invokes this case and the clause "where the property is subject to an annual charge not being a capital charge, the amount of such charge" was added” for deductions in municipal and urban property taxes.

Commissioner of Income-tax, Bombay v. MahomedbhoyRowji

In this case, the Allahabad High Court concurred with the “interpretation given to these phrases in the Bombay case, namely, that the words "annual fee" refer to a payment to secure an annual responsibility. As a result, there is no judicial controversy over the meaning of the term annual fee’ found in section 9(1)(iv), and the interpretation supplied is the natural meaning of these words.”

 

PRINCIPLE OF INTERPRETATION

When interpreting the definition of 'Annual charge,' the honourable judge in the aforesaid instance stated that the court's principal role is to give effect to the legislature's meaning and that outside factors cannot be used to discern that intention. The Income Tax Act is designed in such a manner that it allows for a lot of debate. As a result, conceptions of interpretation are necessary. These suggestions aren't perfect, and they'd have to be tailored to the individual conditions of each instance. The two well-established principles of tax law interpretation are that (a) taxing enactments should be properly read, and (b) taxing power must be convincingly shown. We don't have a guiding concept to look at when reading such Acts. All we have to do now is go through the Act to see whether the requisite duty or tax has been imposed by the Legislature. There is no such thing as fairness in taxes, and the concept of stringent or literal interpretation applies to tax law interpretation. As a consequence, under the Act's clear language, if an assessee is entitled to two advantages, he must get both; and, “where two plausible interpretations of taxation law exist, the one that favours the assessee must be adopted.

In the Cape Brandy Syndicate v I.R.C.case, Rowlatt J. observed that one has to look merely at what is clearly said in a taxing statute. There is no room for any intendment. There is no equity in a tax. There is no presumption as to a tax. Nothing is to be read in, nothing is to be implied. One can look fairly at the language used.” We have no governing principle of the Act to consider when construing such Acts. We only need to look at the Act to see if the purported duty or tax was passed by the Legislature.

In Innamuri Gopalan and MaddalaNagendrudu v State of A.P., case, “The Court observed in construing a statutory provision the first and foremost rule of construction is the literary construction. All that the court has to see at the very outset is what the provision says. If the provision is unambiguous and if the legislative intent is clear from the provision, the court need not call into aid the other rules of construction of statutes. The other rules of construction are called into aid only when the legislative intent is not clear”

The basic concept is that the meaning and intent of a piece of legislation should be derived from its most basic and unambiguous form, rather than any assumptions made by the court about what is reasonable or expedient. The court must be guided by the stated goal. If the Legislature's objective is obvious and apparent, the fact that the provisions might have been more aesthetically constructed cannot be used to reject any feature of a provision as otiose. Though there has been a shift in emphasis in recent years from grammatical meaning to legislative intent or legislative purpose, the court has a primary obligation to imbue the Legislature's language with a reasonable interpretation if the words are unclear, doubtful, or there is any uncertainty as to the terminology used.

The ultimate aim of statutory construction is to determine the legislature's intention, and the primary responsibility is to ascertain the same through reference to the language employed. The Supreme Court in Doypack Systems Pvt. Ltd. v/s. UOI laid down:

"It has to be reiterated that the object of interpretation of a statute is to discover the intention of Parliament as expressed in the Act. The dominant purpose in construing a statute is to ascertain the intention of the legislature as expressed in the statute, considering it as a whole and in its context that intention, and therefore, the meaning of the statute, is primarily to be sought in the words used in the statute itself, which must if they are plain and unambiguous be applied as they stand. The object of all interpretation is to discover the intention of Parliament, but the intention of Parliament must be deduced from the language used.”

Law is a legislative decree, and the conventional technique of interpreting or construing a statute is to ascertain its author's "intention." The legislature's goal includes two components:

(1) In one sense, it conveys the concept of 'real meaning,' i.e. what the words imply.

(2) In another sense, it represents the legislation's pervasive concept of "purpose and objective" or "reason and spirit."

As a result, the building process blends literal and functional methods. The Hon'ble Court observed in GEM Granites v. CIT, “what one may believe or think to be the intention of Parliament cannot prevail if the language of the statute does not support that view, and thus the object of the statute must be gathered from language rather than what one believes or thinks.”

In the New Bazaar decision, the Supreme Court emphasized the court's obligation to give effect to the legislative meaning represented by the language in it. Many later decisions have affirmed this concept in their reasoning.In Jaswant Singh and Ors. vs. Prakash Kaur and Ors.,If the plain interpretation of the Clause is followed, the court has not come across any argument establishing that the requirements of Order 43, Rule 1(c) resulted in any absurdity or difficulty. As a result, using the terms "on merits" or any other wording in the aforementioned Clause is not permitted (c). The fundamental concept of statutory interpretation is that the legislature's intent must be carried out. It is also critical that the wording of the legislation itself serves as a repository for the objective of the legislature. As a consequence, if the language is clear and the message is plain, it must have an impact. The Court cannot read legislation as if it were written in a language other than the one it is written in. Otherwise, it would be akin to changing the law, which the Court is not permitted to do.

After reviewing several precedents, the researcher concluded that law should be construed in light of "the goal of those who produce it," and that "the function of judicature is to act upon the true purpose of the legislature - "the men or sententia legs." If a legislative provision may be interpreted in more than one way, the court must pick the one that best represents the legislator's true intent, often known as the statutory provision's legal meaning.

 

Conclusion

A tax is a financial burden imposed by the government on the taxpayer. As a consequence, no tax may be imposed unless it is expressly authorized by law. We just need to check the Act to see whether the purported duty or tax has been passed by the Legislature. The literary rule is the first and most important guideline to follow when construing a legislative clause of a taxation Act. construction. The only thing the court needs to know at the outset is what the provision says. The court does not have to apply the other standards of statutory interpretation if the provision is unambiguous and the legislative aim is evident from the provision.

The Supreme Court ruled that municipal taxes and urban immovable property taxes are both eligible deductions under sections 9(1)(iv) and 9(1)(v), respectively.

 

 

 

 

 

 

 

 

 

 

 

 



 

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