Taxing Statutes - Law Dictionary Search Results
Home Dictionary Name: taxing statutesTaxing Statutes
Taxing Statutes, (English) Court Fees Act is really a taxing statute, AIR 1977 Kant 181 (183). (Court Fees and Suits Valuation Act, 1870, s. 1)In absence of definition, trade parlance meaning should be restored to provide there is market for such goods, United Offset Process Pvt. Ltd. v. Asst. Collector of Customs, AIR 1989 SC 622 (624): (1989) Supp 1 SCC 131: (1988) Supp 3 SCR 531...
Taxing statutes and statutory definitions
Taxing statutes and statutory definitions, when no statutory definition is provided in respect of an item in the Customs Act or the Central Excises Act, the trade understanding, meaning thereby the understanding in the opinion of those who deal with the goods in question is the safest guide, Collector of Customs v. Swastic Woollen (P) Ltd., AIR 1988 SC 2176: (1988) Supp 2 SCR 370: (1988) Supp SCC 796....
Fiscal Statutes
Fiscal Statutes, in construing fiscal statutes and in determining the liability of a subject to tax one must have regard to the strict letter of the law and not merely to the spirit of the statute or the, substance of the law. If the Revenue satisfies the Court that the case falls strictly within the provisions of the law, the subject can be taxed. If, on the other hand, the case is not covered within the four corners of the provisions of the taxing statute, no tax can be imposed by inference or by analogy or by trying to probe into the intentions of the legislature and by considering what was the substance of the matter, A.V. Farnandez v. State of Kerala, AIR 1957 SC 657 (661): 1957 SCR 837....
Tax, interest and penalty
Tax, interest and penalty, tax, interest and penalty are three different concepts. Tax becomes payable by an assessee by virtue of the charging provision in a taxing statute. Penalty ordinarily becomes payable when it is found that an assessee has wilfully violated any of the provisions of the taxing statute. Interest is ordinarily claimed from an assessee who has withheld payment of any tax payable by him and it is always calculated at the prescribed rate on the basis of the actual amount of tax withheld and the extent of delay in paying it. It may not be wrong to say that such interest is compensatory in character and not penal, Associated Cement Company Limited v. Commercial Tax Officer, AIR 1981 SC 1887: (1981) 4 SCC 578: (1982) 1 SCR 563....
Frauds, Statute of
Frauds, Statute of, 29 Car. 2, c. 3 (A.D. 1676). This famous statute is said to have been famed by Sir Matthew Hale, Lord Keeper Guilford, and Sir Leoline Jenkins, an eminent civilian. Lord Nottingham used to say of it, that 'every line was worth a subsidy,' and it has been said that at all events the explanation of every line has cost a subsidy, no statute having been the subject of so much litigation. The statute, though it does not apply or have any Act corresponding to it in Scotland, was practically copied by the Irish Parliament in 7 Wm. 3, c. 12, applies generally to the British colonies, and, remarks Mr. Chancellor Kent (2 Com. 494, n. (d), 'carries its influence through the whole body of American juris-prudence, and is in many respects the most comprehensive, salutary, and important legislative regulation on record affecting the security of private rights.'The main object of the statute was to take away the facilities for fraud and the temptation to perjury which arose in verb...
Interpretation of Statute
Interpretation of Statute, it is well-settled that in construing the provisions of statute the Courts should be slow to adopt a construction which tends to make any part of the statute meaningless or ineffective. Thus, an attempt must always be made to reconcile the relevant provisions so as to advance the remedy intended by the Statute, Board of Muslim Wakfs v. Radha Kishan, AIR 1979 SC 289: (1979) 2 SCR 148.Interpretation of Statutes, as a general principle of interpretation, where the words of a statute are plain, precise and unambiguous, the intention of the legislature is to be gathered from the language of the statute itself and no external evidence such as parliamentary debates, reports of the commit-tees of the legislature or even the statement made by the Minister on the introduction of a measure or by the framers of the Act is admissible to construe those words. It is only where a statute is not exhaustive or where its language is ambiguous, uncertain, clouded or susceptible ...
Penalty
Penalty, is a liability under the taxing statute, Khemka & Co. v. State of Maharashtra, AIR 1975 SC 1549.Penalty, is legal or official punishment such as a term of imprisonment, N.K. Jain v. C.K. Shah, AIR 1991 SC 1289. [Employees' Provident Fund Act, 1952, s. 14]Means recovery of an amount as a penal measure in civil proceedings, or an exaction which is not compensatory in character, Jagjit Cotton Textile Mills v. Chief Commercial Superintendent, N.R., (1998) 5 SCC 126.1. A sum agreed to be paid on non-performance of the condition of a bond. See BOND.2. A sum agreed to be paid on breach of an agreement or any stipulation of it. See LIQUIDATED DAMAGES, and NOMINE PEN'. The fact that the parties state expressly in their contract that the sum named is 'liquidated damages' will not prevent the Court from deciding that it is a penalty. 'The cases upon the subject of penalty or liquidated damages are very numerous. The result of them seems to be this, that what the Courts look at is the rea...
Directory Statute
Directory Statute. The term directory, when applied to a statute (or part of a statute) which enjoins or forbids the doing of certain acts, is used in two different senses:-(I) As opposed to declaratory, i.e., a statute which merely declares what the Common Law is, 1 Bl. Com. 54 and 86.(II) As opposed to imperative. When a statute directs that an act should be done in a specific manner, or authorizes it upon certain conditions, if a strict compliance with its provisions is not essential to the validity of the act, it is said to be directory, although the performance might be enforced by mandamus, but if such compliance is essential, it is said to be imperative. See per Lord Mansfield in R. v. Loxdale, (1758) 1 Burr. 445; Maxwell on Statutes...
Donis conditionalibus, Statute de
Donis conditionalibus, Statute de (13 Edw. 1, c. 1, A.D. 1285), otherwise called Westminster the Second. At the date of this statute a gift to a man and the heirs of his body, provided that if he had no heirs the lands should revert, was construed to give the donee a conditional fee, which enabled him, after issue begotten, to alien the land, and thereby to disinherit the issue and to deprive the donor of his right of reverter. This interpretation is declared by this statute to be 'contrary to the minds of the giver, and the form impressed in the gift': wherefore it is ordained that the 'will of the giver, according to the form in the deed of gift manifestly expressed, be henceforth observed; so that they, to whom the land is given under such condition, shall have no power to alien the land so given, but that it shall remain unto the issue of them to whom it is given after their death, or shall revert to the giver or his heirs if issue fail, or there is no issue at all . . . And if a f...
Westminster the First, Statute of
Westminster the First, Statute of (3 Edw. 1, AD 1275). This statute, which deserves the name of a Code rather than an Act, is divided into fifty-one chapters. Without extending the exemption of churchmen from civil jurisdiction, it protects the property of the Church from the violence and spoliation of the king and the nobles, and provides for freedom of popular elections, because sheriffs, coroners, and conservators of the peace were still chosen by the freeholders in the county Court, and attempts had been made to influence the election of knights of the shire, from the time when they were instituted. It contains a declaration to enforce the enactment of Magna Charta against excessive fines, which might operate as perpetual imprisonment; enumerates and corrects the abuses of tenures, particularly as to marriage of wards; regulates the levying of tolls, which were imposed arbitrarily by the barons, and by cities and boroughs; corrects and retrains the power of the king's escheator and...
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