Court : House of Lords
..... any provision dealing with a sale which takes place in two stages, contract and completion by transfer or conveyance. the provision which became section 27 (1) was first introduced by the finance act 1971, and it has in the past attracted little attention from the court. it has an obvious function in determining the tax year ..... given this startling result. it was introduced into the capital gains tax legislation by section 56(2) and paragraph 10 of schedule 10 of the finance act 1971. that act abolished the income tax on short-term gains which had been introduced by the finance act 1962. because that tax applied only to disposals which occurred within a certain period ..... answer may have to be derived from the scheme of the legislation, and lord wilberforce's well-known guidance (in aberdeen construction group ltd v inland revenue commissioners [1978] ac 885, 892-3) as to how the legislation should be interpreted. park j was, i think, taking the same approach when he observed (para 24) .....
Tag this Judgment!Court : House of Lords
..... ., 317 and lord vestey's executors v. c.i.r. (1949) 31 t.c., 1. these were all decisions as to the effect of section 38 (2) of the finance act, 1938. that section provided that if and so long as the terms of any settlement answered a particulardescription, any income arising under the settlement "from the property" comprised in the ..... property ", but i feel sure that my noble and learned friend intended to deal only with the meaning and effect of the words transfer of property in section 46 of the finance act, 1940, and to concur with the view of lord simonds that lord st. levan, in paying cash for preference shares, did not transfer property to the ..... to michael by virtue or in consequence of these gifts. thus the only point for determination iswere the absolute gifts in question settlements within the meaning of section 21 of the finance act, 1936? this question has been answered in the affirmative successively by the commissioners, by donovan, j. and by the court of appeal. my lords, i .....
Tag this Judgment!Court : House of Lords
..... more detail as to the administrative arrangements for self-assessment. the starting point is section 8 of the taxes management act 1970 ("tma 1970") (as substituted by section 90 of the finance act 1990 and largely re-substituted by section 178 of the finance act 1994) which imposes on a taxpayer a statutory obligation to make a return if ..... required to do so. section 113 of tma 1970 empowers the board of inland revenue to prescribe the form of the return. sections ..... of the new self-assessment regime. introducing both changes at the same time attracted much criticism." self-assessment for income tax was introduced by the finance act 1994 with effect from 1996-1997. in theory it applies to all individual taxpayers, whether traders or not, but in practice self-assessment forms are .....
Tag this Judgment!Court : House of Lords
..... until payment." section 178 of the finance act 1989 (replacing section 90 of tma 1970) gives the treasury a general power to make regulations for ascertaining rates of ..... of tma 1970. if the treasury considers that the deterrent is insufficiently severe it can (within the limits of what is authorised by section 178 of the finance act 1989) provide a stiffer sanction. but the notion of a perpetual liability to pay interest, subject only to the possibility of administrative remission, cannot ..... any question of set-off, interest ran on the unpaid act under section 87(1) of the taxes management act 1970 ("tma1970"): "any tax assessable in accordance with schedule 13 or 16 to [icta 1988] shall carry interest at the rate applicable under section 178 of the finance act 1989 from the date when the tax becomes due and payable .....
Tag this Judgment!Court : House of Lords
..... buildings that are in question has the characteristics described in paragraph 11 of schedule 5 to the local government finance act 1988, as amended by section 104 and para 3 in part 1 of schedule 10 to the local government finance act 1992. 24. the president of the lands tribunal, mr george bartlett qc, held that the stake centre ..... , or used for activities relating to the organisation, of public religious worship within para. 11(2)(a) or (b) of schedule 5 to the local government finance act 1988. however, here neither the patrons services building nor the grounds building was shown to be, to any ascertainable extent, occupied for the conduct, or used for ..... dispute is over whether all but one of the other buildings are entitled to exemption under the following provisions of paragraph 11 of schedule 5 of the local government finance act 1988 (as amended), which appear under the heading places of religious worship, etc: (1) a hereditament is exempt to the extent that it consists of any .....
Tag this Judgment!Court : House of Lords
..... the persons who will be liable. only indirectly will they determine the time of liability. 22. so much was recognised by section 94(6), which was inserted by the finance (no 2) act 1992, the same act which gave the commissioners the powers under which they made the regulations to give effect to the directive. subsection (6) ..... be removed from warehouses without payment of duty "in such circumstances and subject to such conditions as they may determine". section 1(1) of the finance (no 2) act 1992, which comes within a group of sections headed "abolition of fiscal frontiers etc", was clearly intended to enable the united kingdom to give effect to the directive. ..... says that the preceding provisions of section 94 "so far as they have effect for fixing the excise duty point or determining the .....
Tag this Judgment!Court : House of Lords
..... to construe these words without a careful understanding of the nature and effect of a breach of a statutory obligation, such as that embodied in section 49 of the coal mines act, 1911. this obligation belongs to the familiar type of statutory requirements or prohibitions, imposed on employers subject to a penalty for the breach, and ..... as relevant for present purposes, was based on breach of a statutory regulation, and the court of appeal held, on the construction of the relevant section of the workmen's compensation act, that the claim was excluded. your lordships are therefore faced by two conflicting decisions on the matter in question, and have to discharge the difficult ..... division should be affirmed, with costs in this house. lord thankerton.i agree that the action is not rendered incompetent by the provisions of section 29 of the workmen's compensation act, 1925, and for the reasons stated by my noble and learned friend on the woolsack. the pursuer confines his case of fault to a .....
Tag this Judgment!Court : House of Lords
..... r. v. greenacre, means this, those authorities are wrong. we were then asked to follow the court of criminal appeal and to apply the proviso of section 4 of the criminal appeal act, 1907, which says: " the court may, notwithstanding that they are of opinion that the point raised in the appeal might be decided in favour of ..... said 'no doubt there is ample authority for that statement of the law. they then relied, as i have already mentioned, upon the proviso to section 4 of the criminal appeal act, 1907, and dismissed the appeal. it is true as stated by the court of appeal that there is apparent authority for the law as laid down ..... if they entertained reasonable doubt whether they could accept his explanation they should either acquit him altogether or convict him of manslaughter only; but, relying upon section 4, subsection 1, of the criminal appeal act, 1907, which provides " that the court may, notwithstanding they are of " opinion that the point raised in the appeal might be decided in .....
Tag this Judgment!Court : House of Lords
..... a cause of action for interference with contractual relations. he referred to lord macnaghten's dictum in quinn v leathem [1901] ac 495 and greig v insole [1978] 1 wlr 302. it was true that the receivers had not interfered with performance of the contracts, still less caused them to be breached. they had ..... agreement. the court of appeal rejected this defence but the case has nothing to do with the requirements of knowledge and intention. in greig v insole [1978] 1 wlr 302 the international cricket conference knew that the cricketers were contracted to play for mr kerry packer's company but put pressure upon them to withdraw ..... act 1986. this provision protects administrative receivers and liquidators, in the absence of negligence, from liability if they seize or dispose of property which is not the property of the company. 'property' includes things in action: section 436. in welsh development agency v export finance co ltd [1992] bclc 148 the court of appeal held that 'property' in section .....
Tag this Judgment!Court : House of Lords
..... to it in his printed case and his oral submissions. 46. the expression "derived property" seems to have appeared first in a taxing statute in section 28 of the finance act 1946, in provisions designed to charge higher rates of income tax on some categories of income covenants and other settlements of property in which the settlor ..... settlor's rate (40%). your lordships have to construe section 77 of the taxation of chargeable gains act 1992 ("the 1992 act") as substituted by the finance act 1995 ("the 1995 act"). the legislation has since been changed again, by the finance act 2000, which introduced into the 1992 act a new section 76 b and schedule 4b tailor-made to frustrate the ..... he and his advisers had to find a way around section 77 of the 1992 act (charge on settlor with interest in settlement). that section in its original form was a consolidation of schedule 10, paragraphs 1-4 of the finance act 1988. as amended by the 1995 act (and i shall come back to the circumstances and effect .....
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