GEOMETRY GLOBAL (PVT) LTD VS. COMMISSIONER GENERAL OF INLAND REVENUE
2021 SLR 1 246
GEOMETRY GLOBAL (PVT) LTD
VS.
COMMISSIONER GENERAL OF INLAND REVENUE
COURT OF APPEAL
DR. FERNANDO, J.
WIJERATNE, J.
CA/TAX/1/2017
TAC/IT/5/2014
JULY 19, AUGUST 9, 2021
Tax Appeals Commission
Act-Case stated-Inland Revenue Act, No. 10 of 2006, sections 25(1), 25(1)(k),
26(1) and 26(2)-Difference between "outgoings" and "expenses"-Deduction of
travel expenses-Meaning of the word "including''-Statutory interpretation
The appellant had paid a total sum of Rs.8,957,767 to its employees for the use
of their personal vehicles for its business purposes. In the calculation of its
profits and income for the year 2009/2010, the appellant deducted the said sum
as travel expenses in terms of section 25(1)(k) of the Inland Revenue Act. The
assessor disallowed the deduction on the basis that the expenses were rental
expenses that could not be deducted in terms of the general prohibitions for
deduction under section 26(2) of the Act.
The appellant unsuccessfully appealed to the Commissioner General of Inland
Revenue and thereafter to the Tax Appeals Commission. The appellant then moved
the Tax Appeals Commission to present a case stated for the opinion of the Court
of Appeal inter alia on the ground that the travel expenses were deductible
notwithstanding the general prohibitions in section 26, as such deductions were
specifically provided for in section 25(1)(k). The respondent took up the
position that the travel expenses could not be deducted in terms of section
25(1) as they do not constitute an "expense" or an "outgoing" in the production
of the profits and income of the appellant and that in any event the specific
deductions in sections 25(1)(a) to (w) are subject to the general prohibitions
in section 26.
Held :
1. Section 25(1) of the Act sets out the general rule of deduction that permits the deduction of"all outgoings and expenses" incurred by any person in the production of profits or income.
2. The word "expenses" in
section 25(1) is limited by the words "incurred in the production of profits
or income". However, the word "outgoings" has no such limitation and can
include a wide variety of items that do not fall within the meaning of
"expenses".
3. Nevertheless, an "expense" and an "outgoing" could be deducted only if it
is not prohibited from being deducted by the general limitations set out in
section 26 of the Act.
4. The paramount object of statutory interpretation is to discover the
intention of the legislature, which should be ascertained from the text of
the enactment in question.
5. Sections 25(1)(a) to (w) contain specific deductions to be taken into
account in ascertaining the profits or income of any person.
6. The word "includes" or "including" performs different functions: it could
enlarge the scope of the definition of a word, or give an exhaustive and
restrictive meaning depending on its context, or bring under one
nomenclature all transactions that have similar features. Therefore, the
correct meaning that should be attributed is dependent on the setting,
context and object in which the words are used in any statute, in its
entirety, and the purpose of the statute as intended by the legislature.
7. The term "including" in section 25(1) of the Act is extensive and
expansive and not restrictive in nature.
8. Section 26(1) does not prohibit the specific deductions permitted in
sections 25(1)(a) to (w) unless it is referred to and restricted by section
26(1) or any other provision of the Act.
9. The general prohibition of deduction in section 26(2), read together with
section 25(1), does not take away from what has been expressly provided by
section 25(1)(k).
Cases referred to :
1. Rodrigo v. Commissioner
General of Inland Revenue [2002] 1 Sri LR 384
2. Hayley and Company Ltd v. Commissioner of Inland Revenue 65 NLR 174
3. Patrick Alfred Reynolds v.
Commissioner for Income Tax, Trinidad and Tobago 1967