“… Jones derives support for this submission from a passage in the judgment of Arden J (as she then was) in Hillsdown Holdings PLC v Inland Revenue Commissioners [1999] STC 561 at 571, where she found indications in section 601 of the Income and Corporation Taxes Act 1988 (“ICTA 1988”) that it was concerned only with “real” payments w…”
“…1, gave rise to a charge to tax; the wording of the section was clear and unambiguous; and there was accordingly no need to apply a purposive construction: see [1999] STC 561 at 570 c-f. Arden J rejected this submission, and held that a purposive approach had to be adopted. She said, at 570g:…”
“…mployer would otherwise obtain if there were repaid to it, free of tax, monies derived from contributions which it had made into an exempt approved scheme (see [1999] STC 561 at 567 a-…”