Levied - Law Dictionary Search Results
Home Dictionary Name: leviedLevy
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(...
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...
Levy and collect
Levy and collect, 'levy' would mean the assessment or charging or imposing tax, 'collect' in article 265 would mean the physical realisation of the tax which is levied or imposed. Collection of tax is normally a stage subsequent to the levy of the same. The enforcement of levy could only mean realisation of the tax imposed or demanded, (AIR 1972 SC 2563 followed), Somaiya Organics (India) Ltd. v. State of Uttar Pradesh, AIR 2001 SC 1723 (1732): (2001) 5 SCC 519. [Constitution of India, Article 265]...
levy
levy pl: lev·ies 1 : an act of levying: as a : the imposition or collection of a tax b : the seizure according to a writ of execution of real or personal property in a judgment debtor's possession to satisfy a judgment debt 2 : an amount levied : tax [providing for a of 3% on income up to $10,000 "D. Q. Posin"] vb lev·ied levy·ing vt 1 : to impose or collect (as a tax or fine) with authority [allow it to stiffer penalties for some safety violations "National Law Journal"] 2 : to enforce or carry into effect (a writ of execution) compare attach, garnish vi : to enforce a writ of execution or attachment ;specif : to make a seizure of real or personal property in a judgment debtor's possession [they might as a last resort on his merchandise "J. J. White and R. S. Summers"] ...
Was being lawfully levied
Was being lawfully levied, the words 'was being lawfully levied' obviously mean 'was actually levied' and it would not be sufficient to satisfy those words that the Municipal authority could lawfully levy the tax, but had not availed itself of that power, Town Municipal Committee v. Ramachandra Vasudeo Chimote, AIR 1964 SC 1166 (1171): (1964) 6 SCR 947. [Constitution of India, Art. 277; C.P. and Berar Municipalities Act, 1922 (2 of 1922), s. 66(1)(a)]...
Betterment levy or additional FAR charges
Betterment levy or additional FAR charges, means the levy payable on the additional FAR allowed vide notification dated 23-7-1998 and over to FAR allowed vide notification dated 15-5-1995, Delhi Development Authority (Levy/Charges for Residential Plotted Development) Regulation, 2006, Reg. 2(b)....
Levied
Levied, the word 'levied' is a wide and generic expression and takes in all the stages of charge, quantification and recovery of duty, though in certain contexts it may have a restricted meaning, Ujagar Prints v. Union of India, AIR 1989 SC 516 (538): (1988) Supp (3) SCR 770: (1989) 3 SCC 488. [Additional Duties of Excise (Goods of Special Importance) Act, 1957, s. 3]...
To levy
To levy, the power to levy assessment on the basis of best judgment is not an arbitrary power; it is an assessment on the basis of best judgment. In other words that assessment must be based on some relevant material. It is not a power that can be exercised under the sweet-will and pleasure of the concerned authorities, State of Orissa v. Maharaja B.P. Singh Deo, AIR 1970 SC 670: (1971) 3 SCC 52....
Charging and levying
Charging and levying, mean demanding a price at the present time for services to be rendered, Upper Doab Sugar Mills Ltd. v. Shahdara Saharanpur Light Railway Co., (1963) 2 SCR 333: AIR 1963 SC 217 (220). [Railways Act (9 of 1890) s. 41(1)(b), (c)]...
So long as that tax continues to be levied in that State
So long as that tax continues to be levied in that State, the plain and simple meaning which must be culled out from the said expression in the context of the other phraseology in clause (2) is that the local authority can claim protection under clause (2) if it is a local authority in the same State in which it was before the advent of the Constitution. There does not seem to be any ambiguity in this matter and there is, therefore, no escape from the position that Bellary Municipal Council in the city of Bellary which was a local authority within the State of Madras cannot take the advantage of clause (2) as at the time when it was making the claim for realisation of the tax it was a part of the Mysore State. It is neither necessary nor advisable for us to speculate or hazard a surmise to find out a reason for making this distinction between the right of a local authority in the same State and being part of the different States in the pre-Constitution and post-constitution eras, Union...
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