Register Daily Newsletters My Bookmarks My Queries (D. Forum) My Replies (D. Forum) My Articles My Inbox (PM) Feedback/ Suggestions
Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding

   For Sales / Support:
WhatsApp WhatsApp 9911796707
Case Laws Acts Notifications Circulars Classification Forms Manuals Articles News D. Forum Highlights Notes
TMI - e-Newsletter     TaxTMI    GST Amnesty Scheme Under Section 128(A) Offers...     TaxTMI    GST Orders Uploaded Without Proper Service Violate...     TaxTMI    GST Time Extension During COVID-19: Court Defers...     TaxTMI    Bail denied for mastermind accused of Rs. 53.03...     TaxTMI    Taxpayer's Appeal Succeeds as Cash from Selling...     TaxTMI    SEBI Extends Cybersecurity Framework Compliance...     TaxTMI    SEBI Revises Lock-in Rules for InvIT Preferential...     TaxTMI    Customs Duty Rates Under India-UAE CEPA to Change...     TaxTMI    Income-tax Rules Amended: Form 3CD Gets Major...     TaxTMI    Government Amends India-Mauritius CECPA Tariff...     TaxTMI    SEBI Amends REIT Regulations: Relaxed Lock-in Rules...     TaxTMI    SCN Issued Two Days Beyond Section 73(2) Deadline...     TaxTMI    GST Assessment Order Set Aside for Lacking Document...     TaxTMI    Refund of Unutilised Input Credit Allowed After...     TaxTMI    Tribunal Excludes Three IT Giants as Comparables...     TaxTMI    Latest Case-Laws     TaxTMI    Latest Notifications + Circulars     TaxTMI    GST Council Decisions     TaxTMI       Right Stop
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
VAT - Highlights / Catch Notes

Home Highlights April 2016 Year 2016 This

In a taxing statute one has to go by the clear language of the ...


Tax Statute Interpretation: Follow Clear Language, Ignore Equity Considerations.

April 19, 2016

Case Laws     VAT and Sales Tax     HC

In a taxing statute one has to go by the clear language of the statute and equity has no role to play while interpreting a taxing statute - HC

View Source

 

← Previous Next →

 

You may also like:

  1. The High Court found a violation of natural justice as the show cause notice lacked details of hearing. Referring to legal precedents, the Court emphasized the...

  2. Attachment of property - eviction notice provides only ten days time to the petitioner to vacate the subject property - Even if there is a defect or omission in the...

  3. Language employed in Section 36(1)(viia) of the Act is clear and unambiguous. It is well established Rule of interpretation stated by LORD CAIRNS that “if the person...

  4. It is a well-settled principle of statutory interpretation of a taxing statute that a subject will be liable to tax and will be entitled to exemption from tax according...

  5. Recovery of interest on the wrongly availed credit - The Tribunal upheld that interest under Rule 14 is liable on wrongly taken credit, irrespective of its utilization,...

  6. It is by now well settled that in a taxing statute there is no scope of any intendment and the same has to be construed in terms of the language employed in the statute...

  7. Notices issued u/s 148 of the Income Tax Act for reassessment proceedings related to international tax charges must comply with the mandatory faceless procedure...

  8. Money Laundering - quorum non judis - By a reading of Section 6 of the PMLA Act without adding or substituting words into the statute, it is clear that the adjudicating...

  9. Interpretation of proviso to Section 8(a) of the Kerala Value Added Tax Act, 2003 - Constitutional validity of proviso to Section 8(a) - recovery of compounded tax - The...

  10. Rejection of concessional rate of tax applicable to sales made in favour of Lakshadweep Administration - In the process of interpretation or application, relevant...

  11. Computation of LTCG - Based on a reading of Section 50CA of the Act, it is clear that where the actual sale consideration on transfer of unlisted equity shares is less...

  12. The case before the National Company Law Appellate Tribunal in Chennai involved the classification of Compulsorily Convertible Debentures (CCDs) that do not require...

  13. CIRP - Personal Guarantor - The statutory scheme of the code does not contain any indication that the Personal Guarantor of a Corporate Debtor can escape from its...

  14. Reduction of issued, subscribed, and paid-up equity share capital u/s 66 of the Companies Act, 2013. Compliance with Sections 66(1), 66(2), and 66(3) satisfied....

  15. Issuance of C-form - failure to discharge tax liability - in taxing statute, there is no equity. If tax has not paid as declared, within the time provided there for,...

 

Quick Updates:Latest Updates

What's New:
    Latest Case Laws
What's New:
    Latest Notifications
What's New:
    Latest Circulars
T: Members' Share Calculation in AOP/BOI Income: Deducting Remuneration, ...
T: Income Tax Bill 2025 Clause 101 Expands Aggregation Rules to Include C...
T: Tax Liability When Your Income Is Included in Another Person's Total I...
F: Exports to Nepal and Bhutan Qualify for Duty Drawback Regardless of Pa...
F: Director's Foreign Cab Services for Client Meetings Subject to GST Und...
A: TDS Rate on Rent Payments Under Section 194IB Reduced from 5% to 2% Ef...
A: Mandatory ISD Registration Now Required for Head Offices Distributing ...
A: Finance Act 2025 Brings GST Amendments: Input Distribution, Multi-Fact...
A: Avoiding Common Errors in Company Law Document Filing: Deadlines, Accu...
A: Income Tax Exemption: How 12A Registration Works for Non-Profits and W...
A: Dedicated Freight Container Corridors Transform Logistics with Speed, ...
A: India's Path to Becoming the Third-Largest Economy Requires Sustained ...
A: India's "Perfume Capital" Kanauj Balances Traditional Attar Craftsmans...
A: Essential Strategies for Managing Export Business Risks: From Market D...
A: Inefficient Waste Management and Weak Enforcement of SWM Rules 2016 Fu...
A: Comprehensive Solutions to Landfill Crisis: From Circular Economy to A...
A: Implementing Eco-Friendly Elections: Eliminating Physical Campaign Mat...
A: India's Export Opportunities: Selecting Profitable Products in Textile...
A: Gold Ornaments Seizure Case Dismissed After 15-Year Customs Delay With...
H: Input Tax Credit Not Available for Share Buyback Expenditure Under GST...
H: Gujarat Maritime Board Dredging Services Not Eligible for Exemption Un...
H: GST Demand Against Deceased Invalid Without Show Cause Notice to Legal...
H: Condonation of Delay in GST Returns Filing Beyond 30-Day Period Under ...
H: No GST Payable on Gas Lost During Transit, But Input Tax Credit Must B...
H: Investment Firm Cannot Claim Input Tax Credit on Mutual Fund Transacti...
H: Free Scraping Tool with Apsara Oil Pastels Constitutes Mixed Supply Un...
H: Section 34 Application Filed on Next Court Working Day After Holiday P...
H: GST Officer Appointed Under Karnataka GST Act Qualifies as Proper Offi...
H: Input Tax Credit Denied for Concrete Tower Construction Supporting Man...
H: Businesses Can Apply Margin Scheme for Second-Hand Goods While Maintai...