Direct Tax - Law Dictionary Search Results
Home Dictionary Name: direct tax Page: 2Technology
Technology, means any information (including information embodied in software) other than information in the public domain, that is capable of being used in--(i) the development, production or use of any goods or software; (ii) the development of, or the carrying out of, an industrial or commercial activity or the provision of a service of any kind. Explanation, When technology is described wholly or partly by reference to the uses to which it (or the goods to which it relates) may be put, it shall include services which are provided or used, or which are capable of being used, in the development, production or use of such technology or goods. [Weapons of Mass Destruction and their Delivery System (Prohibition of Unlawful Activities) Act, 2005, s. 4(l)]Means the branch of knowledge; the knowledge and means used to produce the material necessities of a society, (New Webster's Dictionary of the English Language), Central Board of Direct Taxes v. Oberoi Hotels (India) Pvt. Ltd., (1998) 4 ...
Appearance
Appearance, means a coming into court as a party or interested person, or as a lawyer on behalf of a party or interested person, Black Law Dictionary, 7th Edn., p. 95.An appearance may be expressly made by formal written or oral declaration, or record entry, or it may be implied from some act done with the intention of appearing and submitting to the court's jurisdiction. 4 Am. Jur. 2d Appearance 1, at 620 (1995).Means physical appearance and not appearance through advocate, State of West Bengal v. Pranab Ranjan Roy, (1998) 3 SCC 209. [Criminal Procedure Code, 1973, ss. 167(5)(ii), 436 & 437]The word appearance is capable of having different connotations, when it is employed in different contexts. For instance where the summons or the notice issued to a party, at the initial stage, in civil proceedings, requires his appearance, it can certainly be through a recognized agent or counsel, as provided for under sub-rule (1) of Rule 1 of Order III of Civil Procedure Code. However, where the...
Directory Statute
Directory Statute. The term directory, when applied to a statute (or part of a statute) which enjoins or forbids the doing of certain acts, is used in two different senses:-(I) As opposed to declaratory, i.e., a statute which merely declares what the Common Law is, 1 Bl. Com. 54 and 86.(II) As opposed to imperative. When a statute directs that an act should be done in a specific manner, or authorizes it upon certain conditions, if a strict compliance with its provisions is not essential to the validity of the act, it is said to be directory, although the performance might be enforced by mandamus, but if such compliance is essential, it is said to be imperative. See per Lord Mansfield in R. v. Loxdale, (1758) 1 Burr. 445; Maxwell on Statutes...
Judgment-debtor summons
Judgment-debtor summons. The (English) Bank-ruptcy Act, 1861, ss. 76-85, provided for the issue of this kind of summons by a judgment creditor in default of payment of whose debt the debtor might be adjudicated bankrupt. It was replaced in 1869 by the 'Debtor's Summons' under s. 7 of the (English) Bankruptcy Act of 1869, which was itself replaced by the 'Bankruptcy Notice' under the Acts of 1883 and 1914....
Excise
In inland duty or impost operating as an indirect tax on the consumer levied upon certain specified articles as tobacco ale spirits etc grown or manufactured in the country It is also levied to pursue certain trades and deal in certain commodities Certain direct taxes as in England those on carriages servants plate armorial bearings etc are included in the excise Often used adjectively as excise duties excise law excise system...
Technical services
Technical services, includes 'professional services' as well, Central Board of Direct Taxes v. Oberoi Hotels (India) Pvt. Ltd., (1998) 4 SCC 552.The expression 'technical services' has a very broad connotation and it has been elsewhere in the statute also so widely as to comprehend professional services: vide s. 9(1)(vii), referred to earlier. But we need not digress on this aspect for two reason. Firstly, whatever may be the position regarding other 44 professional services', there can hardly be any doubt that services involving specialised knowledge, experience and skill in the field of constructional operations are 'technical services', Continental Construction Ltd. v. C.I.T., 1992 Supp (2) SCC 567: AIR 1992 SC 803 (825). [Income Tax Act, 1961, s. 80-89(1)(vii) Expln. 2]...
Technical
Technical, means what is characteristic of a particular art, science, profession, or trade, (New Webster's Dictionary of the English Language), Central Board of Direct Taxes v. Oberoi Hotels (India) Pvt. Ltd., (1998) 4 SCC 552.The word 'technical' is described in the Concise Oxford Dictionary to mean a particular art, science or of applied science or vocational training dealing with applied science. It is trite to say that when a word has many etymological meanings attributed to it, the same takes its true colour from the text and context. The dictionary meaning of the word 'technical' is also 'professional' and is used in contradiction with pure sciences, Dean Goa Medical College, Sudhir Kumar Solanki, AIR 2001 SC 3422 (3423): (2001) 7 SCC 645. [Goa, Daman and Diu Reorganisation Act, 1987, s. 58]...
Entering short
Entering short. When bills not due are paid into a bank by a customer, it is the custom of some bankers not to carry the amount of the bills directly to his credit, but to 'enter them short,' as it is called, i.e., to note down the receipt of the bills, their amounts, and the times when they become due in a previous column of the page, and the amounts when received are carried forward into the usual cash column. See Giles v. Perkins, (1807) 9 East 13. Sometimes, instead of entering such bills short, bankers credit the customer directly with the amount of the bills as cash, charging interest on any advances they may make on their account, and allow him at once to draw upon them to that amount. If the banker becomes bankrupt, the property in bills entered short, and not credited to the customer unless by way of advance, does not pass to his trustee, but the customer is entitled to them if they remain in his hands, or to their proceeds, if received, subject to any lien the banker may have...
Local area
Local area, 'Local area', in relation to any local cadre, means the local area specified in para 6 for direct recruitment to posts in such local cadre, and includes, in respect of posts belonging to the category of Civil Assistant Surgeons, the local area specified in sub-para (5) of paragraph 8 of this Order', S. Prakasha Rao v. Commissioner of Commercial Taxes, AIR 1990 SC 997: (1990) 2 SCC 259 (261). [A.P. Employment (Organisation of Local Cadre and Regulation of Direct Recruitment) Order, 1975]It means any area, whether urban or rural, declared by the Central Government or the State Government by notification in the Official Gazette, to be a local area for the purposes of this Act. [Prevention of Food Adulteration Act, 1954 (37 of 1954), s. 2 (vii)]The words 'local area' in Entry 52 of the Constitution, (when the area is a part of the State imposing the law) in an area administered by a local body like a municipality, a district board, a local board, a union board, a Panchayat or t...
Donatio mortis causa
Donatio mortis causa, a gift of personal property in prospect of death; a death-bed disposition; an inchoate gift of personalty consummated by the giver's death.It is derived from the Civil Law; Justinian's Inst. Lib. 2, tit. 7, shows its nature. To render this kind of gift valid, it (1) must be made by the giver, when ill, in anticipation of his death; (2) must be intended to take effect only upon his death by his existing illness, for his recovery from that illness, or his subsequent personal revocation of the gift, as by resuming its possession, will defeat it; and (3) a traditio or delivery, either actual or symbolical, of the subject of the gift, or of the instrument which represents it, must be made to the donee, either for his own use, or upon trust for another person, or for a particular purpose. The gift of a cheque upon the donor's banker is not good as a donatio mortis causa, because it is a gift which can only be made effectual by obtaining payment of it in the donor's life...
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