Imposition - Law Dictionary Search Results
Home Dictionary Name: impositionFirst imposition
First imposition, the 'first imposition' means not only the first imposition in the sense of an initial imposition, but it includes every fresh imposition levied at an increased rate, Amalgamated Coalfields Ltd. v. Janpada Sabha, AIR 1964 SC 1013 (1021): 1963 Supp (1) SCR 172. [Central Province Local Self Government Act, 1920 (4 of 1920), s. 51(2)]...
Levy, Imposition, Collection
Levy, Imposition, Collection, The term 'levy' appears to be wider in its import than the term 'assessment'. It may include both 'imposition' of a tax as well as assessment. However, 'levy' does not extend to 'collection'. Article 265 of the Constitution makes a distinction between 'levy' and 'collection, Assistant Collector of Central Excise v. National Tobacco Co. of India Ltd., AIR 1972 SC 2563: (1972) 2 SCC 560: (1973) 1 SCR 822.To levy is to realise or to collect, Mehtab Singh v. State of U.P., AIR 1979 SC 1263: (1979) 4 SCC 597 [Penal Code, 1860 s. 70]The term 'levy' is an expression of wide import. It includes both imposition of a tax as well as its quantification and assessment, Ujagar Prints v. Union of India, AIR 1989 SC 516: (1989) 3 SCC 488.The term 'levy' is in its import than the term 'assessment'. It may include both 'imposition' of a tax as well as assessment. The term 'imposition' is generally used for the levy of a tax or duty by legislative provisions indicating the s...
Imposition
Imposition, tax contribution.The term 'imposition' is generally used for the levy of a tax or duty by legislative provisions indicating the subject-matter of the tax and the rates at which it has to be taxed, Assistant Collector of Central Excise v. National Tobacco Co. of India Ltd., AIR 1972 SC 2563: (1972) 2 SCC 560: (1973) 1 SCR 822...
Imposition of tax
Imposition of tax, imposition of Tax is the method by which the levy is imposed and collected, Municipal Board, Hapur v. Raghuvendra Kripal, AIR 1960 SC 693 (696): (1960) 1 SCR 950...
Tax and imposition of tax
Tax and imposition of tax, there is a difference between the tax and the imposition of the tax. The former is the levy itself and the latter the method by which the levy is imposed and collected, Municipal Board v. Raghuvendra Kripal, AIR 1966 SC 693 (696): (1966) 1 SCR 950....
Levy
Levy, may include both the process of taxation as well as the determination of the amount of tax or duty, S.K. Pattanaik v. State of Orissa, (2000) 1 SCC 413.The term 'levy' is wider in its import than term 'assessment'. It may include both 'imposition' as well as 'assessment' Imposition is generally used for levy of a duty or tax by legislative provisions indicating the subject-matter of levy and rate of levy. Levy of duty does not mean actual collection, Collector of Central Excise, Chandigarh v. Smith Kline Beecham Consumer Health Care Ltd., AIR 2003 SC 829. [see Central Excise Act, 1944 (1 of 1944)][fr. levo, Lat.], the act of raising money or men.Assessment and collection of income tax The expression 'levy, assessment and collection of income-tax' in section 13(1) of the Finance Act, 1950, was wide enough to comprehend re-assessment proceedings under section 34 of the Income Tax Act, 1922, Income Tax Officer v. K.N. Guruswamy, AIR 1958 SC 808: (1959) SCR 785.Levy under section 14(...
Surcharge
Surcharge, an overcharge of what is just and right; exceeding one's powers or privileges; a declaration by an auditor that a person is personally liable to refund a particular part of public money illegally expended by him [see, e.g. the Public Health Act, 1875, s. 247 (7)]; a second or further mortgage. See AUDIT.1. An additional tax, charge, or cost usu. one that is excessive 2. An additional load or burden, Black's Law Dictionary, 7th Edn.The expression 'surcharge' in the context of taxation means an additional imposition which results in enhancement of the tax and the nature of the additional imposition is the same as the tax on which it is imposed as surcharge. A surcharge on land revenue is an enhancement of the land revenue to the extent of the imposition of surcharge. The nature of such imposition is the same viz., land revenue on which it is a charge, Sarojini Tea Co. (P) Ltd. v. Collector of Dibrugarh, AIR 1992 SC 1264 (1269): (1992) 2 SCC 156. [Assam Land Revenue and Land (S...
Money of account, money of measurement money of payment
Money Bill, cannot be introduced in the Council of States. [Constitution of India, Art. 109(1)]Money Bill, cannot be referred to Joint Committee, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, r. 74.Money Bill, in India, the Speaker endorses certificate on Money Bill, Rules of Procedure and Conduct of Business in Lok Sabha, 10th Edn., 2002, r. 96.Money Bill, is a Bill which contains only provisions dealing with the imposition, repeal, remission, alteration or regulation of taxation etc., Parliamentary Practice, Erskine May, 22nd Edn., 1997, p. 806.Money Bill, on a Bill being introduced in the Council at a subsequent stage if an objection is taken that the Bill is a Money Bill, the Chairman shall, if he holds the objects valid, direct the termination of further proceeding of the Bill. If Chairman is doubtful regarding the validity of the objection, he shall refer the matter to the Speaker whose decision on the matter shall be final, Rules of Procedure and Cond...
Tax and fee-distinction
Tax and fee-distinction, a tax is a compulsory exaction of money by a public authority for public purposes enforceable by law and is not payment 'for services rendered'. This definition brings out the essential characteristics of a tax as dis-tinguished from other forms of imposition which, in a general sense, are included within it. The essence of taxation is compulsion, that is to say, it is imposed under statutory power without the taxpayer's consent and the payment is enforced by law. The second characteristic of tax is that it is an imposition made for public purpose without reference to any special benefit to be conferred on the payer of the tax. On the other hand A fee is generally defined to be a charge for a special service rendered to individuals by some govern-mental agency. But the traditional view that there must be actual quid pro quo has undergone a sea change with the passage of time. Correlation-ship between the levy and the services rendered/expected is one of general...
Taxation
Taxation, is a tax levy; the principle of levying taxes, Webster American Dictionary, p. 1494.Taxation, is levying charge, a pecuniary burden, for the support of government, by authority of the legislature. The consent of the tax-payer is not necessary to its enforcement, A Dictionary of Law, Willium C. Anderson, 1889, p. 1006.Taxation, no Bill or amendment seeking permission for imposition, abolition, remission, alteration or regulation of any tax can be introduced or moved except on the recommendation of the President and such a Bill cannot be introduced in Rajya Sabha. [Constitution of India, Art. 117(1)]Taxation, no taxation without representation can be levied or collected except by authority of law, Constitution of India, Art. 265.Taxation, though the expression 'taxation', as defined in Art. 366(28), 'includes the imposition of any tax or impost, whether general or local or special', the amplitude of that definition has to be cut down if the context otherwise so requires. In re ...
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