23.  Deductions.-

(1)   In computing the income under the head "Income from business or profession", the following allowances and deductions shall be made, namely:-

(i)    any rent paid for the premises in which such business or profession is carried on;

(ii)    any local rate, tax, charge or cess in respect of such premises paid to any local authority or Government, not being any tax payable under this Ordinance;

(iii)   any amount paid on account of current repairs to any such premises or any machinery, plant, furniture or fittings used for purposes of business or profession;

(iv)   any premium paid in respect of insurance against risk of damage or destruction to any, building, machinery, plant, furniture or fittings, or stocks and stores used for the purposes of business or profession;

(v)    in respect of depreciation, including First Year Allowance or Reinvestment Allowance or Industrial Building Allowance of any such building, machinery, plant, furniture or fittings, being the property of the assessee, the allowance admissible under the Third Schedule, except depreciation or First Year Allowance on assets given on lease shall be allowed against income from lease rentals only;

(vi)   in respect of animals which have been used for the purposes of the business or profession (otherwise than as stock-in-trade) and have died or become permanently useless for such purposes, the difference between the original cost to the assessee of the animals and the amount, if any, realised in respect of the carcases or animals;

(via) any sum paid on or after the first day of July, 1985, to a scheduled , or any payment to a Special Purpose Vehicle on behalf of  the Originator bank, a financial institution, or such modaraba or leasing company as is approved by the Central Board of Revenue for the purposes of the Third Schedule, by way of lease money in respect of an asset taken on lease by the assessee and used for the purposes of any business or profession carried on by him;

(vii)  any interest paid in respect of capital borrowed for the purposes of the business or profession;

(viia) any sum paid to a modaraba or to a Participation Term Certificate holder for any funds borrowed for the purposes of the business or profession;

(viib) any sum paid or credited to any person maintaining a profit and loss sharing account or deposit with a scheduled bank by way of distribution of profits by the said bank in respect of the said account or deposit;

(viic) any sum paid by the House Building Finance Corporation constituted under the House Building Finance Corporation Act, 1952 (XVIII of 1952), to the State Bank of Pakistan (hereinafter referred to as the 'Bank') as the share of the Bank in the profits earned by the said Corporation on its investment in the property made under a Scheme of investment in property on partnership in profit and loss, where such investment is provided by the Bank under the House Building Finance Corporation (Issue and Redemption of Certificates) Regulations, 1982;

(viicc) any sum paid by the National Development Leasing Corporation Limited to the State Bank of Pakistan (hereinafter referred to as the 'Bank') as the share of the Bank in the profits earned by the said Corporation on its leasing operations financed out of a credit line provided by the Bank on a profit and loss sharing basis;

(viiccc)   any sum paid by the Small Business Finance Corporation to the State Bank of Pakistan (hereinafter referred to as the "Bank") as the share of the Bank in profit earned by the said Corporation on its investment in small business out of credit line provided by the Bank on profit and loss sharing basis.

(viid) any sum paid to a bank under a scheme of musharika representing its share in the profits of that Musharika.

(viidd) the financial cost of securitization of receivables by an Originator from a Special Purpose Vehicle being the difference between the amount received by the originator and the amount of receivables securitised  from a Special Purpose Vehicle.

(viie) any sum paid to a certificate holder under a Musharika scheme approved by the Corporate Law Authority and Religious Board formed under the Modaraba Companies and Modarabas (Floatation and Control) Ordinance, 1980 (XXXI of 1980) representing his share in the profits of that Musharika.

(viii) any sum paid to an employee as bonus or commission for services rendered, where such sum would not have been payable to him as profits or dividend if it had not been paid as bonus or commission:

        Provided that the amount of the bonus or commission is of a reasonable amount with reference to-

(a)    the pay of the employee and the conditions of his service;

(b)    the profits of the business or profession for the year in question; and

(c)   the general practice in similar businesses or professions;

Clause (ix) omitted which previously reads as follows;

(ix)        in respect of any special reserve created by such financial institutions and for such purposes as may be approved by the Central Board of Revenue for the purposes of this clause, the amount, not exceeding ten percent of the total income including such amount, carried to such reserve:

Provided that no allowance under this clause shall be made where the aggregate amount standing in such reserve exceeds the paid-up capital of the institution;

(x)    in respect of bad debts, such amount (not exceeding the amount actually written off by the assessee) as may be determined by the Deputy Commissioner to be irrecoverable;

(xi)   any sum paid to a scientific research institute, polytechnic, college or other institution in Pakistan affiliated to any University or Board of Education established or incorporated by, or under, any Federal or Provincial law, or recognised, aided or run by Government or run by any local authority, to be used for scientific research or technical training in Pakistan;

(xii)  any expenditure laid out or expended on scientific research in Pakistan;

(xiii) any expenditure laid out or expended on any educational institution or hospital in Pakistan established for the benefit of the employees, their families and dependents;

(xiv) any expenditure laid out or expended on any institute in Pakistan established for the training of industrial workers recognised, aided or run by Government or run by any local authority;

(xv)  any expenditure laid out or expended on the training of any person, being a citizen of Pakistan, in connection with a scheme approved by the Central Board of Revenue for the purposes of this clause;

(xvi) any sums paid on account of annual membership subscription to a registered trade organization within the meaning of the trade Organizations Ordinance, 1961 (XLV of 1961);

(xvii) any expenditure incurred by an assessee wholly and exclusively in connection with his visit abroad as a member of a trade delegation sponsored by the Federal Government;

(xviii)any expenditure (not being in the nature of capital expenditure or personal expenses of the assessee) laid out or expended wholly and exclusively for the purpose of such business or profession;

(xix) any transfer to a participatory reserve created by a company under section 120 of the Companies Ordinance, 1984 (XLVII of 1984), in accordance with an agreement relating to participatory redeemable capital entered into between the company and a banking company as defined in the Banking Tribunals Ordinance, 1984:

        Provided that, out of the amount so transferred in any income year, not more than five percent of the value of participatory redeemable capital shall qualify for deduction under this sub-section:

        Provided further that no deduction shall be allowed if the amount of the tax-exempted accumulation in the participatory reserve exceeds 10 percent of the amount of participatory redeemable capital:

(xx)  any expenditure incurred by an assessee in the purchase of one machine, with permanent sealed memory system, used for recording and printing cash sales made by him during the regular course of his business:

        Provided that, where a domestic company has, in any income year, incurred any expenditure on advertisement or publicity outside Pakistan in respect of such goods as may be specified by the Federal Government by notification in the official Gazette and as are exported in the said income year, or on furnishing of samples of such goods to a person outside Pakistan, deduction in respect of the said expenditure allowable under this clause shall be of a sum equal to one and one-third times the amount of actual expenditure so incurred.

Explanation.

(a)    the expression "any expenditure" as used in clauses (xii), (xiii) and (xiv), includes expenditure in the nature of capital expenditure; and

(b)    the expression "paid", as used in this section and sections 18, 24 and 31, means actually paid or incurred according to the method of accounting upon the basis of which the income is computed.

(xxi)  any interest accrued on or after the first day of July, 2000, on a non-performing loan credited to suspense account by a banking company in accordance with the Prudential Regulations for Banks issued by the State Bank of Pakistan.

(xxii) any interest accrued on, or after, the first day of July 2001 on a non-performing loan credited to suspense account by a Development Finance Institution  in accordance with the Prudential Regulations for banks and such institutions  issued by the State Bank of Pakistan.

Explanation.-  For the purpose of this section the expression "Originator", "Special Purpose Vehicle" and "Securitization" shall have the same meaning as are respectively assigned to them in the Assets Backed Securitization Rules, 1999.

 

(2)   Where any such premises, building, machinery, plant, furniture or fittings is or are not wholly used for the purposes of the business or profession, any allowance or deduction admissible under this section shall be restricted to the fair proportional part of the amount which would be allowable if such premises, building, machinery, plant, furniture or fittings were wholly so used.