Surcharge - Law Dictionary Search Results
Home Dictionary Name: surchargeSurcharge
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...
Second Surcharge, Writ of
Second Surcharge, Writ of. If after admeasurement of common, upon a writ of admeasurement of pasture, the same defendant surcharged the common again, the plaintiff might have had this writ of second surcharge de secunda superoneratione, which is given by Stat. West. 2,13 Edw. 1, c. 8, rep....
Surcharge and falsify
Surcharge and falsify, a mode of taking accounts in Chancery, where the court treats the account as a stated account but gives liberty to challenge any particular items. 'I am not now upon a question arising on an open general account, but barely upon a liberty given to the plaintiff to surcharge and falsify. The onus probandi is always on the party having that liberty; for the court takes it as a stated account, and establishes it; but if any of the parties can shew an omission, for which credit ought to be [given], that is a surcharge; or if anything is inserted, that is a wrong charge, he is at liberty to show it, and that is falsification': Pit v. Cholmondeley, (1754) 2 Vs Sen 565, per Lord Hardwicke, L.C. See R.S.C. Ord. XXXIII., r. 5....
surcharge
surcharge 1 : to impose a surcharge on [ a trustee for failing to exercise due care] 2 : to show an omission in (an account) for which credit ought to have been given n 1 : an additional or excessive charge 2 : a penalty imposed on a fiduciary for failing to exercise due care in the management of assets ...
Additional surcharge
Additional surcharge, means additional surcharge for the purposes of the union referred to in the annual Finance Act. [Compulsory Deposit Scheme Act, (21 of 1963) s. 3(a)]...
Income-tax
Income-tax, a tax of so much in the pound of income, under five classifications, according as derived from (A) ownership of land or houses, etc., (B) occupation of land or houses, etc., (C) dividends from stocks or shares, (D) professional or trade earnings or profits, and any profit not included in the four previous classifications, and (E) official and other salaries. The Acts on this subject, dating from the Income-tax Act, 1842 (5 & 6 Vict. c. 35), which, to a great extent, repeats the phraseology of Addington's Act of 1806, are very numerous. Voluntary Easter gifts to an incumbent are assessable to income-tax, Cooper v. Blakinston, 1909 AC 104. See Chitty's Statutes, tit. 'Property Tax.'The tax in 1842, and for many years afterwards, was 7d. in the pound; in 1855,, the year of the Crime an War, it rose to 1s. 4d., and in 1918 to 6s. The Finance Act, 1907 (7 Edw. 7, c. 13), for the first time differentiated (ss. 19 et seq.) between 'earned income' and income from other sources, and...
Audit
Audit, an examining of accounts. An audit may be either detailed or administrative, and is usually both. A detailed audit is a comparison of vouchers with entries of payment, in order that the party whose accounts are audited may not debit his employer with payments not in fact made. An administrative audit is a comparison of payments with authorities to pay, in order that the party whose accounts are audited may not debit his employer with payments not authorised. If in either branch of audit an improper entry is discovered, the auditor surcharges the party whose accounts are audited; whereby the payment must be made by such party out of his own pocket. Where no fraud is suspected, however, and when there has been no negligence, it is common for the surcharge to be remitted [see, e.g., (English) Local Government Act, 18 (23 & 24 Geo. 5, c. 51), s. 230], especially where the party whose accounts are audited has given his service gratuitously.The public accounts are audited under the (E...
Crapulent
Surcharged with liquor sick from excessive indulgence in liquor drunk given to excesses...
overfill
To fill to excess to surcharge...
Account or Accompt
Account or Accompt [fr. compte, Fr., computo, Lat.], a registry of debts, credits, and charges, or a detailed statement of a series of receipts (credits) and disbursements (debits) of money-which have taken place between two or more persons. Accounts are either-(1) open, where the balance is not struck, or it is not accepted by all the parties; (2) stated, where it has been expressly or impliedly acknowledged to be correct by all the parties; and (3) settled, where it has been accepted and discharged. Stated and settled accounts may be investigated and reopened by the Court on the ground of fraud or fiduciary relationships. See SURCHARGE and FALSIFY.Companies under the Companies Act, 1929, must keep proper books of account, and present to the company in general meeting not less than 18 months after incorporation and subsequently at least once in every year a profit and loss account and balance sheet, to copies of which shareholders of all companies, except private companies, are entitl...
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