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Levy Imposition Collection - Law Dictionary Search Results

Home Dictionary Name: levy imposition collection

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, 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(...


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 ...


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"] ...


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....


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...


First 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)]...


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...


Collect

Collect, the word collect in Art. 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, Somaiya Organics (India) Ltd. v. State of Uttar Pradesh, AIR 2001 SC 1723 (1732). (Constitution of India, Art. 265)...


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