“The tax-payer also submitted that his chargeable income for 1961/62 did not include a sum of 500 received as director’s fees during the year 1960/61, on the ground that it was income from an employment and that since under Section 20 (5) of the Income Tax Management Act the income of the year of assessment and not that of the previous year is to be the assessable income of an individual from an employment, this payment should not have been taken into consideration in assessing his liability to tax for the year 1961/62. The Board accepts this construction of Section 20(5) of the Income Tax Management Act but points out that if the director’s fees were a new source of income during the year 1960/61 they would have formed part of his assessable income for that year under Section 18(3)(a) of the former Income Tax Act which is the Act under which tax was payable for the year 1960/61. If this was established it might have been a good ground for including these fees in the assessable income for 1960/61 but what the Appeal Commissioners did was to include it in the assessable income for the year 1961/62 and as the tax-payer has not had the opportunity of calling evidence on the point it would be too late for the Board to invite this Court to vary the assessment by transferring this sum from the assessable income for 1961/62 to the assessable income for 1960/61. The tax-payer’s submissions on this point must therefore be upheld.”

Per LIONEL BRETT, JSC in F.B.I.R. V. NASR (1964) LCER-330(SC) (Pp 5 – 6 Paras E – G)