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1 - 10 of 10 (0.87 seconds)Section 44AC in The Income Tax Act, 1961 [Entire Act]
Finance Act, 1999
The Income Tax Act, 1961
Har Shankar & Ors. Etc. Etc vs The Dy. Excise & Taxation Commr. & Ors on 21 January, 1975
In view of the law laid down by the Apex Court in Har Shankar's case (supra) the amount charged to the licensees is not a fee or tax, but is in the nature of price of a privilege which the purchaser has to pay in any trading or business transactions and it is evident what this primary condition needs to be fulfilled in order to obtain the country liquor from the distilleries. Therefore, in my opinion, in view of the Explanation to Section 206C, the State becomes seller vis-a-vis the licensee, the moment it confers a right on such "buyer" to receive the specified goods i.e. country liquor in the present case.
The Provincial Insolvency Act, 1920
The Bihar State Co-Operativebank Ltd vs The Commissioner Of Income-Tax on 22 February, 1960
Their Lordships of the Punjab and Haryana High Court agreed with the view expressed in Ramjee Prasad Sahu's case (supra) which in turn had taken into account - State of Bihar's case (supra) observing that the provisions of Sections 44AC and 206C as they then stood were materially different.
Ramjee Prasad Sahu And Ors. vs Union Of India (Uoi) And Ors. on 9 September, 1992
Their Lordships of the Punjab and Haryana High Court agreed with the view expressed in Ramjee Prasad Sahu's case (supra) which in turn had taken into account - State of Bihar's case (supra) observing that the provisions of Sections 44AC and 206C as they then stood were materially different.
Section 40 in The Income Tax Act, 1961 [Entire Act]
Rudra And Company, Madan Lal And Company ... vs Union Of India (Uoi) And Ors. on 10 March, 1998
11. We may also mention here the decision of the Hon'ble Himachal Pradesh High Court in the case of Rudra & Co. v. Union of India[\ 998] 233 ITR 66, wherein it has been held that Government Distilleries squarely came under the Explanation to Section 206C and it was obligatory on the part of Government Distilleries being sellers to collect income-tax from the buyers at the rates specified in Sub-section (1) of Section 206C. The said decision also lends support to the view that the definition of 'buyer' as given in Clause (a) of the Explanation would cover a person obtaining goods of the nature of alcoholic liquor from the Government or its agencies and not a person who only obtains a licence to trade in alcoholic liquor and correspondingly the seller would be the Government or its agencies or any other person who directly sells the liquor to the buyer in an auction or by any other mode.
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