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For the purpose of the business

assets and property. It may legitimately comprehend many other acts incidental to the carrying on of the business, CIT v. Birla Cotton SPG & WVG Mills Ltd., (1971) 3 SCC 344: AIR 1972 SC 19 (21). [Income-tax Act, … expression 'for the purpose of earning profits'. Its range is wide: it may take in not only the day to day running of a business but also the rationaliza-tion of its administration and modernization of its machinery;

Capital asset

seen, does not include goodwill. But the definitions in S. 2 are subject to an overall restrictive clause, CIT v. B.C. Srinivasa Setty, (1981) 2 SCC 460 (463): (1981) 2 SCR 938: AIR 1981 SC 972. Includes capital … Capital asset, The expression 'capital asset: is defined in S. 2(14) of the Income-tax Act, 1961 to mean 'property of any kind held by an assessee'. … S. 2(14) of the Income-tax Act, 1961 to mean 'property of any kind held by an assessee'. It is of the widest amplitude, and apparently

Smallness of profit

But the commercial or accounting profits are the actual profits earned by an assessee calculated on commercial principles, CIT v. Gangadhar Banerjee and Co. (P) Ltd., AIR 1965 SC 1977: (1965) 3 SCR 439. … Smallness of profit, the Legislature has deliberately used the expression 'smallness of profit' and not 'smallness of assessable income' and there is noth-ing in the

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Actus curiae neminem gravabit.

occupied but for that mistake, Jang Singh v. Brij Lal, (1964) 2 SCR 145, (para 16); See Also CIT v. B. N. Bhattacharjee, (1979) 4 SCC 121: AIR 1979 SC 1725; Raj Kumar Dey v. Taropado Dey, (1987) … Str. 126; 1 Smith L. C., in which it was held that if one party to an action die during a curia advisari vult, judgment maybe entered nunc pro tunc--a principle recently applied in Ecroyd v. Coulthard, … B. N. Bhattacharjee, (1979) 4 SCC 121: AIR 1979 SC 1725; Raj Kumar Dey v. Taropado Dey, (1987) 4 SCC 398; AIR 1987 SC 2195,

Entertainment

but not entertainment. Unless the definition of 'entertainment' includes hospitality, the ordinary meaning of 'entertainment' cannot include hospitality, CIT v. Patel Bros. & Co. Ltd., (1995) 4 SCC 485: AIR 1995 SC 1829. A cinematograph show is 'entertainment' … Entertainment, In Stroud's Judicial Dictionary (4th Edn., Vol. 2, p. 916) the word 'entertainment' has been defined thus: Entertainment ..... for a public … wide sense so as to include within its ambit, entertainment of any kind including one which may be purely educative. Sub-s. 3 itself by using

Double taxation

by the same State or Government, (3) during the same taxing period, and (4) for the same purpose, CIT v. P.V.A.L. Kulandagan Chettiar, (2004) 6 SCC 235. … during the same taxing period, and (4) for the same purpose, Sri Krishna Das v. Town Area Committee, (1990) 3 SCC 645: AIR 1991 SC … Double taxation, The expression 'double taxation' is often used in different senses, namely, in its strict legal sense of

Actually allowed

the expression 'actually allowed' is unambiguous and connotes the idea that the allowance was actually given effect to, CIT v. Straw Products, AIR 1966 SC 1113 (1116). [Taxation Laws (Merger States) (Removal of Difficulties Order) (1949)] Actually allowed, … given effect to, CIT v. Straw Products, AIR 1966 SC 1113 (1116). [Taxation Laws (Merger States) (Removal of Difficulties Order) (1949)] Actually allowed, does not mean notionally allowed, Commissioner of Income Tax v. Mahendra Mills, (2000) 3

Assess

provisions of s. 147 because the assessment had not been made in the regular manner under the Act, CIT v. Sun Engineing Works Ltd, AIR 1993 SC 43 (50): (1992) 4 SCC 363. (Income-tax Act, 1961, s. 147) … word, and in a taxing statute it often means the computation of the income of the assessee, the determination of the tax payable by him, and the procedure for collecting or recovering the tax. In a case

Approbate and reprobate

conduct of parties. As in the case of estoppel it cannot operate against the provisions of a statute, CIT v. V. MR. P. Firm Muar, AIR 1965 SC 1216 (1221): (1965) 1 SCR 815. (Evidence Act, 1872, s. … Approbate and reprobate, the doctrine of 'approbate and reprobate' is only a species of estoppel; it applies only to the conduct of parties.

Similar

similarly is insufficient by itself to signify the degree of stipulation with which that thing must be done, CIT v. T.V. Sundaram Iyenger and Sons (P) Ltd., AIR 1976 SC 255: (1976) 1 SCC 77: (1975) Supp SCR … word of ambiguous import in the sense that the mere stipulation in a statute that something should be done similarly is insufficient by itself to signify the degree of stipulation with which that thing must be done,

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