Additional Sales Tax - Law Dictionary Search Results
Home Dictionary Name: additional sales taxAdditional sales tax
Additional sales tax, The additional sales tax is a tax upon sales of goods and not upon the income of a dealer, S. Kodar v. State of Kerala AIR 1974 SC 2272 (2275): (1975) 1 SCR 121....
Additional
Additional, The word 'additional' in s. 3(1) which involves the idea of joining or uniting one thing to another so as thereby to form one aggregate. The additional salex tax is in the nature of a surcharge over and above what is due and payable by an assessee under the principal Act, Ashok Service Centre v. State of Orissa, AIR 1983 SC 394 (401): (1983) 2 SCC 82. [Orissa Additional Sales Tax Act, 1975 (24 of 1975) as amended by Orissa Additional Sales Tax (Amendment) Act, 1979 (3 of 1979)]...
Resale and sale
Resale and sale, 're-sale and sale' must have the same meaning and the definition of 'sale' in the Act is a general definition which does not limit it to a sale inside the territory of Delhi. S. 5(2)(a)(ii) of the Bengal Finance (Sales Tax) Act, 1941 does not seek to impose any tax on resale, Polestar Electronic (Pvt.) Ltd. v. Additional Commissioner of Sales Tax, AIR 1978 SC 897: (1978) 1 SCC 636: (1978) 3 SCR 98....
base price
the initial price of something goods or services without the additional charges that may be added such as handling or shipping charges sales tax optional equipment charges etc...
Lease and release
Lease and release, a mode of conveyance which derived its effect from the Statute of Uses, compounded of a lease for a year at Common Law, or a bargain and sale for a year under the Statute of Uses, and a Common Law Release. This compound conveyance originated thus: The Statute of Enrolments (27 Hen. 8, c. 16) seemed to be confined to cases where an estate of inheritance or freehold, or the use thereof, was to be made or take effect by reason only of a bargain and sale; it was therefore concluded that if a bargain and sale were first made for an estate less than freehold, as for one year, and then the inheritance or freehold were superadded by a separate deed of release, the transaction could not be affected by the statute;and that such release to the bargainee would be valid, without his entry upon the lands, as a consequence of the strong words in the Statute of Uses which converts all vested uses at once into legal estates. The convenience and general applicability of the lease ad r...
recapture
recapture -tured -tur·ing 1 : to capture again 2 : to recover or take (as an excess or gain) by law or agreement ;esp : to recover (a tax benefit) by higher or additional taxation of income or property that ceases to qualify for a credit or deduction or by taxing gain realized from the sale or exchange of such property [the government recaptured the depreciation by taxing the gain resulting from the difference between the sale price and the basis after depreciation] n 1 : the act or process of recapturing 2 : an amount recaptured or subject to recapture ...
confiscate
confiscate -cat·ed -cat·ing : to seize without compensation as forfeited to the public treasury compare criminal forfeiture NOTE: Illegal items such as narcotics or firearms, or profits from the sale of illegal items, may be confiscated by law enforcement officers. Additionally, government action that reduces the value of property to a person or entity as to make it nearly worthless has been held to constitute confiscation. Examples of such government action include the passage of zoning laws that prevent the use of land for its designated purpose and the setting of utility rates so low that the utility company cannot realize a reasonable return on its investment. con·fis·ca·tion [kÄ n-fə-skā-shən] n con·fis·ca·tor [kÄ n-fə-skā-tər] n con·fis·ca·to·ry [kən-fis-kə-tōr-ē] adj ...
Penalty sale tax
Penalty sale tax, penalty is not merely sanction. It is not merely adjunct to assessment. It is not merely consequential to assessment. It is not merely machinery. Penalty is in addition to tax and is a liability under the Act, Khemka & Co. (Agencies) Pvt. Ltd. v. State of Maharashtra, AIR 1975 SC 1549: (1975) 3 SCR 753: (1975) 2 SCC 22....
Goods
Goods, Computer programs are the product of an intellectual process, but once implanted in a medium they are widely distributed to computer owners. An analogy can be drawn to a compact-disc recording of an orchestral rendition. The music is produced by the artistry of musicians and in itself is not a 'good', but when transferred to a laser-readable disc it becomes a readily merchant-able commodity. Similarly, when a professor deliv-ers a lecture, it is not a good, but, when transcribed as a book, it becomes a good. That a computer program may be copyrightable as intellectual property does not alter the fact that once in the form of a floppy disc or other medium, the program is tangible, moveable and available in the marketplace. The fact that some programs may be tailored for specific purposes need not alter their status as 'goods' because the Code definition includes 'specially manufactured goods', Advent Systems Ltd. v. Unisys Corpn., 925 F. 2d 670 3dCir 1991. Associated Cement Compa...
Vegetables
Vegetables, as understood in common parlance are not products of manufacture unless, agriculture is an industry for certain purposes and vegetables are products of the Industry, Saraswati Sugar Mills v. Haryana State Board, AIR 1992 SC 228.The word 'vegetables' in taxing statutes is to be understood as in common parlance, Vegetables in item 6 does not include betel leaves, Ramavatar Budhaiprasad v. Asst. Sales Tax Officer, AIR 1961 SC 1325 (1327): (1962) 1 SCR 279. [C.F. and Bezar Sales Tax Act, (21 of 1947), Sch. II, Item 6]The word 'vegetables' should be understood as denoting the class of vegetables which are grown in kitchen garden or in a farm and are used for the tables. There can be no dispute that both chillies and lemons are grown in kitchen gardens or at any rate in farms and they are used for the tables, Mangulu Sahu Ramahari Sahu v. Sales Tax Officer, AIR 1974 SC 390: (1972) 4 SCC 423. [Orissa Sales Tax Act, 1947, s. 6]The word 'vegetables' is not defined in the Act and it ...
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