rate of tax for the purpose of income tax.
8. Article 271 of the Constitution of India enables the Parliament to increase the duties ... Article 270 of the Constitution of India. Likewise, the power to prescribe the rate in respect of surcharge remains with Parliament under Article 271
found to be superfluous, for the
following reasons. As discussed earlier, Article 271 of the Constitution of
India, empowers the Union to impose surcharge
surcharge whenever provided which are also
surcharges within the meaning of Article 271 of the Constitution.
The phraseology employed in the Finance Acts
surcharge
whenever provided which are also
surcharges within the meaning of Article 271
of The Constitution. It was pointed out that
the word 'surcharge ... increase these taxes. It was also
pointed out that according to Article 271 ,
notwithstanding anything in Articles 269 and
270 , the Parliament
either side and
perused the relevant material available on record. Article 271 of
Constitution of India enables the Parliament to levy surcharge on
certain duties ... Srinivasan (1972) 83 ITR 346, while interpreting Articles 265 and
271 of Constitution of India held that surcharge levied under the
Income
taxes
referred to in articles 268 and 269 , respectively, surcharge on taxes and duties
referred to in article 271 and any cess levied for specific ... President
by order after considering the recommendations of the Finance Commission.
Article 271.Surcharge on certain duties and taxes for purposes of the Union.--
Notwithstanding
education cess are part
of income-tax in view of Article 271 of the Constitution of India.
Placing reliance on the judgment of Apex Court ... adjusted against the tax liability under the MAT
scheme. Article 271 of the Constitution of India in categorical term
says that surcharge and education cess
education cess are part of income-tax in view of
Article 271 of the Constitution of India. Placing reliance on the judgment of
Apex Court ... adjusted against the
tax liability under the MAT scheme. Article 271 of the Constitution of India in
categorical term says that surcharge and education cess
271(1)(c) of the Act.
13. It was also submitted by the assessee that the deeming
provisions contained in Explanation 5A to section 271 ... 271(1)(c) of the IT Act. The ld.
AO imposed the penalty by invoking the Explanation 5A to section
271
Turbo Energy Limited, Chennai vs Dcit, Chennai on 3 May, 2017
आयकर अपील य अ
