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1 - 10 of 29 (0.29 seconds)Section 234C in The Income Tax Act, 1961 [Entire Act]
Section 234B in The Income Tax Act, 1961 [Entire Act]
Section 119 in The Income Tax Act, 1961 [Entire Act]
Section 80J in The Income Tax Act, 1961 [Entire Act]
Section 245D in The Income Tax Act, 1961 [Entire Act]
Section 245F in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
Section 116 in The Income Tax Act, 1961 [Entire Act]
Khoday Industries P. Ltd. vs Commissioner Of Income-Tax on 6 January, 1986
Again, reference to a Karnataka High Courts decision in the case of Khoday Industries Pvt. Ltd. v. Cit [1987] 163 ITR 646 for arguing that the marginal note indicates the purpose for which a section has been incorporated in the Act begs the issue before the court. The courts observation was that the heading of the section generally gives a clue to the understanding of the section though it cannot control the plain language of the section. In that case, the heading of section 80J of the Income-tax Act, 1961, expressly used the term "newly established" before the term "industrial undertaking" in respect of which detailed provisions were made for special deduction for a specified period. The court observed that, even if the terms "newly established" did not occur in the body of section 80J, it must be read wherever the "term industrial undertaking occurs in that section because, if such construction is not placed on the section, then an undertaking having enjoyed the special deduction by mere change of hands, can continue to claim the special deduction virtually for all time to come, which is not the object and purpose of section 80J". Thus, the emphasis in this case was on the headnote or heading giving a clue where the body of the section was vague and, therefore, to be interpreted. In the present case, this is not so as section 1198 is headed "instructions to subordinate authorities" and lays down in clear terms the circumstances under which and the purpose for which such instructions can be issued by the Central Board of Direct Taxes. The general principle is that such instructions and directions are to be issued to other income-tax authorities and are for the proper administration of the Act. It is in pursuance of this general principle that powers have been given to the Central Board of Direct Taxes to issue instructions so as to bring down the rigorous of the various that these could be in respect of any "class of incomes" or "class of cases". Thus, there is no ambiguity whatsoever in understanding this section and, therefore, a reference to the heading is not even necessary.