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Issues involved: Interpretation of the term "jeep" as a motor car under section 40(3)(vii) of the Finance Act, 1983.
Summary: The court considered the question of whether a jeep owned by a company should be treated as a motor car for the purpose of section 40(3)(vii) of the Finance Act, 1983. The term "jeep" was not defined in any fiscal Acts, but the Concise Oxford Dictionary defined it as a small sturdy motor vehicle with four-wheel drive. Previous court decisions and the dictionary definition supported the classification of a jeep as a motor car. The term "motor car" was analyzed in detail, noting that it applies to motorized vehicles used for carrying passengers, with the term "car" having varying meanings. The court emphasized that the interpretation of "motor car" in a statute depends on the context and purpose of the provision. In interpreting the provision, the court considered the intent of the Legislature and the speech made by the Finance Minister in Parliament. While acknowledging the broad parameters of the term "motor car," the court concluded that the term in the Finance Act, 1983, was meant to encompass all vehicles that could be regarded as motor cars in a broad sense. The court highlighted that in a taxing statute, any ambiguity should generally be resolved in favor of the assessee, but ambiguity should not be created where none exists. The court determined that the term "motor car" in section 40 of the Finance Act, 1983, was intended to cover all motor vehicles other than heavy vehicles like lorries and buses. Despite the arguments presented by counsel, the court found that no referable question of law arose in the case and dismissed the petitions.
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