2022 (11) TMI 1396 - SCH - Income Tax

Interpretation of the provisions in Section 3(1) of the Expenditure Tax Act, 1987 - whether room charges were less than ₹ 1,200/- per day per individual, no expenditure tax would be chargeable at all - As decided by HC 2019 (9) TMI 102 - BOMBAY HIGH COURT assessee cannot claim benefit of the principle that such ambiguities in a fiscal statue deserve to be resolved in favour of the assessee. The principle that the ambiguities in a fiscal statute have to be resolved in favour of the assessee, applies in case of genuine ambiguities and not to ambiguities created by overemphasizing upon one of the expressions in a statute and ignoring or downplaying the other expression in the same statute. Substantial question of law relating to the interpretation of the provision in Section 3(1) of the said Act is required to be answered against the Appellants and in favour of the Revenue. HELD THAT - No good ground and reason to interfere with the impugned judgment and hence, the Special Leave Petitions are dismissed.

Summary

The Supreme Court of India, with Hon'ble Mr. Justice Sanjiv Khanna and Hon'ble Mr. Justice J.K. Maheshwari, dismissed the Special Leave Petitions as they found no good ground to interfere with the impugned judgment. Pending applications were disposed of. (Citation: 2022 (11) TMI 1396 - SC Order)