Indirect Tax - Law Dictionary Search Results
Home Dictionary Name: indirect taxIndirect tax enactment
Indirect tax enactment, means the Customs Act, 1962 (52 of 1962) or the Central Excise Act, 1944 (1 of 1944) or the Customs Tariff Act, 1975 (51 of 1975) or the Central Excise Tariff Act, 1985 (5 of 1986) or the relevant Act and includes the rules or regulations made under such enactment. [Finance Act, 1998, s. 87(j)]...
indirect tax
indirect tax : excise ...
Tax
Tax [fr. tasg, Wel.; taxe, Fr. and Dut.], an impost; a tribute imposed on the subject; an excise; tallage.A monetary charge imposed by government on persons, entities or properly to yield public revenue, Black's Law Dictionary, 7th Edn., p. 1469.Some general principles of taxation have been said to be:-(1) The subjects of every State ought to contribute to the support of the Government as nearly as possible in proportion to their respective abilities; that is, in proportion to the revenue which they respectively enjoy under the protection of the State. In the observation or neglect of this maxim consists what is called the equality or inequality of taxation.(2) The tax which each individual is bound to pay ought to be certain and not arbitrary. The time of payment, the manner of payment, the quality to be paid, ought all to be clear and plain to the contributor, and to every other person.(3) Every tax ought to be levied at the time, or in the manner, in which it is most likely to be co...
Luxury tax
Luxury tax, is an indirect tax and is ultimately collected from and its burden directly falls on the consumers who enjoy the luxury, Express Hotels (P) Ltd. v. State of Gujarat, (1989) 3 SCC 677.Luxury tax, is said to be generic term for excise imposed on purchase of items which are not necessaries e.g. tax on liquor or cigarettes, Black's Law Dictionary, 6th Edn....
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...
Malice
Malice [fr. malitia, Lat.], a formed design of doing mischief to another, technically called malitia pr'cogitata, or malice prepense or aforethought. It is either express, as when one with a sedate and deliberate mind and formed design kills another, which formed design is evidenced by certain circumstances discovering such intentions, as lying in wait, antecedent menaces, former grudges, and concerted schemes to do him some bodily harm; or implied, as where one wilfully poisons another; in such a deliberate act the law presumes malice, though no particular enmity can be proved. The nature of implied malice is also illustrated by the maxim, 'Culpa lata dolo 'quiparatur'-when negligence reaches a certain point it is the same as intentional wrong-'Every one must be taken to intend that which his the natural consequence of his actions'-if any one acts in exactly the same way as he would do it he bore express malice to another, he cannot be allowed to say he does not, 4 Steph. Com.'Malice ...
Coca derivative
Coca derivative, means--(a) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine;(b) ecgonine and all the derivatives of ecgonine from which it can be recovered;(c) cocaine, that is, methyl ester of benzoyl-ecgonine and its salts; and(d) all preparations containing more than 0.1 per cent. of cocaine. [Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985), s. 2 (v)](i) crude cocaine, that is, any extract of coca leaf which can be used, directly or indirectly, for the manufacture of cocaine.(ii) ecgonine, that is, laevo-ecgonine having the chemical formula C2H15NO3H2O, and all the derivatives of laevo-ecgonine from which it can be recovered.(iii) Cocaine, that is, methyl-benzoyl-laevo-ecgonine having the chemical formula C17H21NO4' and its salts. [Medicinal and Toilet Preparations (Excise Duties) Act, 1955, s. 2 (aa)]...
Induce
Induce, The dictionary meaning of the word 'induce' is to 'prevail on, persuade'. The gratifi-cation must have some connection or reflection, direct or indirect, in persuading the voter to vote or refrain from voting at an election. If the inducement to the voter is not caused by the pay-ment of the gratification to a third person but by the persuasion or influence (not undue influence) of such third person it will not be possible to say that the gratification had any indirect inducement to the voter. Payment of any gratification to any person to work or canvass at an election is outside the ambit of the definition. It will make little difference if the worker or the canvasser on payment of gratification promises or indulges in tall-talk of securing or procuring some votes for a particular candidate, Kalya Singh v. Genda Lal,AIR 1975 SC 1634: (1976) 1 SCC 304: (1975) 3SCR 783. [Representation of the People Act, 1951,s. 123(1)(a)]...
Law and order and public order
Law and order and public order, the acts which affect 'law and order' are not different from the acts which affect 'public order'. Indeed, a state of peace or orderly tranquillity which prevails as a result of the observance or enforcement of internal laws and regulations by the government, is a feature common to the concepts of 'law and order' and 'public order', Ram Ranjan Chatterjee v. State of West Bengal, (1975) 4 SCC 143: AIR 1975 SC 609 (611).The true distinction between the areas of law and order and public order lies not merely in the nature or quality of the act, but in the degree and extent of its reach upon society. Acts similar in nature, but committed in different contexts and circumstances, might cause different reactions. In one case it might affect specific individuals only, and therefore, touches the problem of law and order only, while in another it might affect public order, Amiya Kumar Karmakar v. State of West Bengal, (1972) 2 SCC 672: AIR 1972 SC 2259 (2260).The ...
Double taxation
Double taxation, The expression 'double taxation' is often used in different senses, namely, in its strict legal sense of direct double taxation and in its popular sense of indirect double taxation. Double taxation in the strict legal sense means taxing the same property or subject matter twice, for the same purpose, for the same period and in the same territory. To constitute double taxation, the two or more taxes must have been (1) levied on the same property or subject matter, (2) by the same government or authority, (3) 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 2096. (Income-tax Act, 1961, s. 4)See also C.I.T. v. P.V.A.L. Kulandagan Chattiar, (2004) 6 SCC 235.Double taxation, is that to constitute double taxation, objectionable or prohibited, the two or more taxes must be (1) Imposed on the same property, (2) by the same State or Government, (3) during the same taxing period, and (4) for the sa...
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