Indirect Tax - Law Dictionary Search Results
Home Dictionary Name: indirect tax Page: 2Undue influence
Undue influence, Any influence, pressure, or domination in such circumstances that the person acting under that influence may be held not to have exercised his free and independent volition in regard to the act.As to gifts, see title SPIRITUALISM and Lyon v. Home, (1868) LR 6 Eq 655, and as to wills, see Parfitt v. Lawless, (1872) LR 2 P&M 462.In the case of benefits or advantages obtained in certain relationships, the existence of this influence is presumed, e.g., guardian and ward, a parent over a child upon or soon after attaining age and the possession of property, a guide or instructor, medical advisers, ministers or professors of religion, managers of business [Coomber v. Coomber, (1911) 1 Ch 174], attendants upon or advisers of aged and infirm people. In such cases, in regard to transactions inter vivos, the onus of proving absence of undue influence lies on the person claiming the benefit of the disposition or act, and in some cases, e.g., gifts by clients to their solicitors (...
Malice in law
Malice in law, Acting on a legally extraneous or obviously misconceived ground of action would be case of 'malice in law', Regonal Manager v. Pawan Kumar Dubey, AIR 1976 SC 1766 (1771): (1976) 3 SCC 334: (1976) 3 SCR 540.'Malice' in its legal sense means malice such as may be assumed from the doing of a wrongful act intentionally but without just cause or excuse, or for want of reasonable or probable cause, S.R. Venkataraman v. Union of India, AIR 1979 SC 49 (51): (1979) 2 SCC 491: (1979) 2 SCR 202.Malice in legal sense means an act done wrongfully and without reasonable and provable cause (Law of Torts)Legal malice or 'malice in law' means 'something done without lawful excuse'. In other words, 'it is an act done wrongfully and wilfully without reasonable or probable cause, and not noiselessly an act done from ill feeling and spite'. It is a deliberate act in disregard of the right of others. Where malice is attributed to the State, it can never be a case of personal ill-will or spite...
Related person
Related person, on a proper interpretation of the definition of 'related person' in sub-s. (4)(c) of s. 4, the words 'a relative and a distributor of the assessee' do not refer to any distributor but they are limited only to a distributor who is a relative of the assessee within the meaning of the Companies Act, 1956. So read, the definition of 'related person' is not unduly wide and does not suffer from any constitutional infirmity on ground of violation of Articles 14 and 19. It is within the legislative competence of Parliament, Union of India v. Bombay Tyre International Ltd., AIR 1984 SC 420: (1984) 1 SCC 467: (1984) 1 SCR 347.The definition of 'related person' shows that when an assessee is so closely associated with another person, directly or indirectly, in the business, then it could be said that they are 'related persons'. The holding company and subsidiary company have got special significance. There must be mutuality of interest between the two persons, Flash Laboratories L...
Financial interest
Financial interest, in the narrower sense, it implies direct personal benefit of an economic nature. In the wider sense, it may include any interest direct or indirect which a person has in relation to the finances of the undertaking, Mor Modern Coop. Transport Society Ltd. v. Financial Commr. & Secy. To Govt. of Haryana, (2002) 6 SCC 269....
Person concerned in the management of the business
Person concerned in the management of the business, the expression 'person concerned in the management of the business' may take in not only a person who directly participates or engages in the management of the business but also one who indirectly controls its management through the managerial staff, from behind the scenes, R. Dalmia v. Commissioner of Income Tax, AIR 1977 SC 988: (1977) 2 SCC 467: (1977) 2 SCR 654. [Income Tax Act, 1922, s. 2(6c) (iii)]...
Incidence of duty
Incidence of duty, the words 'incidence of such duty' mean the burden of duty. The expression 'incidence of such duty' in relation to its being passed on to another person would take it within its ambit not only the passing of the duty directly to another person but also cases where it is passed on indirectly, Union of India v. Solar Pesticides (P) Ltd., AIR 2000 SC 862 (866): (2000) 2 SCC 705. [Customs Act, 1962, s. 27(2), proviso (a)]...
forfeit
forfeit [Anglo-French, from Middle French forfait, past participle of forfaire to commit a crime, from fors outside + faire to do] : something forfeited or subject to being forfeited vt 1 : to lose or lose the right to by some default, failure, or neglect of obligation or duty or by some offense [shall to the United States…any proceeds which the person obtained, directly or indirectly, from racketeering activity "U.S. Code"] 2 : to subject to forfeiture [it shall be placed in the custody of the Collector, who…shall cause a notice of the seizure and intention to and sell the same "Morgan v. United States, 107 F. Supp. 501 (1952)"] for·feit·abil·i·ty [fȯr-fə-tə-bi-lə-tē] n for·feit·able adj adj : forfeited or subject to forfeiture ...
Nitroprussic
Pertaining to derived from or designating a complex acid called nitroprussic acid obtained indirectly by the action of nitric acid on potassium ferrocyanide yellow prussiate as a red crystalline unstable substance It forms salts called nitroprussides which give a rich purple color with alkaline sulphides...
Quando aliquid prohibetur fieri ex directo prohibetur et per obliquum
Quando aliquid prohibetur fieri ex directo prohibetur et per obliquum (Co. Litt. 223b), when anything is prohibited directly, it is also prohibited indirectly....
Indirect evidence
Indirect evidence, proof of collateral circumstances from which a fact in controversy, not directly attested by witnesses or documents, may be inferred. It is also called circumstantial and presumptive evidence. See Taylor or Best on Evidence....
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