| 22/8/2008 |
Bil-Malti
HOME
SERVICES
HELP
SEARCH
|
| Board of Special Commissioners - Cases |
| Case No. 4/50 |
Decided: 14 June, 1950 |
   |
|
A personal deduction was not allowed as this had to be determined on the personal circumstances of the individual during the year immediately preceding the year of assessment - article 6, now 10; article 22, now repealed, Income Tax Act; a statement by the Minister of Finance has no legal implications if the contemplated amendments do not come into force
|
Appellant claimed a "married" allowance for the year of assessment 1949 even though he had married during 1949. He claimed that the Minister of Finance had declared that he would be introducing amendments whereby the tax for basis 1948 would be based on the income for the basis year 1949, therefore he was eligible for the deduction. After all he had not married earlier because of housing problems.
The Board held that article 6 was clear in that even though tax is assessed on the income during a year of assessment, the same tax is charged, levied and collected on the income for the year immediately preceding the year of assessment. The same principle applies to personal deductions. These have to be determined on the personal circumstances of the individual during the year immediately preceding the year of assessment.
A statement issued by the Minister of Finance whereby he expressed his intention to introduce some amendments in the future had no legal implications if the said amendments never in fact came into force. The claim by appellant that he would have married in 1948 were it not for the difficulty in finding accommodation was irrelevant.
|
|
|
|
|