Search Results Page
Search Results
1 - 10 of 19 (0.24 seconds)Section 147 in The Income Tax Act, 1961 [Entire Act]
Jodha Mal Kuthiala (R.B.) And Sons vs Commissioner Of Income-Tax on 19 January, 1972
[6.1] In the case of R.B. Jodha Mal Kuthiala (Supra) the Hon'ble
Supreme Court has observed that it is true that equitable considerations
are irrelevant in interpreting tax laws. But, those laws, like all other
laws, have to be interpreted reasonably and in consonance with justice.
Shree Sajjan Mills Ltd vs Commissioner Of Income Tax, M.P. Bhopal ... on 8 October, 1985
[6.2] In the case of Shree Sajjan Mills Ltd. (Supra), the Hon'ble
Supreme Court has observed that the principle that fiscal statutes shall
be strictly construed does not rule out the application of the principles of
reasonable construction to give effect to the purpose or intention of any
particular provision as apparent from the scheme of the IT Act, with the
assistance of such external aids as are permissible under the law.
Administrator Municipal Corporation, ... vs Dattatraya Dahankar And Another on 5 December, 1991
[6.3] While interpreting section 127A of the IT Act, in the case of
Page 11 of 15
HC-NIC Page 11 of 15 Created On Sat Aug 12 12:05:56 IST 2017
O/TAXAP/824/2016 JUDGMENT
Administrator Municipal Corporation, Bilaspur (Supra), the Hon'ble
Supreme Court has observed that the mechanical approach to
construction is altogether out of step with the modern positive approach.
The modern approach is to have a purposeful construction that is to
effectuate the object and purpose of the IT Act. Thereafter it is observed
and held that section 127A, must therefore, receive a purposeful
construction as any other construction would render proviso nugatory
and defeat the object of the IT Act.
The Commissioner Of Income Tax, ... vs Sri J.H. Gotla, Yadagiri on 29 August, 1985
[6.6] In the case of J.H. Gotla (Supra), the Hon'ble Supreme Court has
observed and held that if strict literal construction leads to an absurd
result i.e. a result not intended to be subserved by the object of the
legislation ascertained from the scheme of the legislation, then, if
another construction is possible apart from the strict literal construction,
then, that construction should be preferred to the strict legal
construction. It is further observed that where the plain literal
construction of a statutory provision produces a manifestly unjust result
which could never have been intended by the legislature, the court
might modify the language used by the legislature so as to achieve the
intention of the legislature and produce a rational result.
C.W.S. (India) Ltd vs C.I.T on 1 March, 1994
9. C.W.S. (India) Ltd. vs. CIT
(1994) 208 ITR 649
M/S Oxford University Press vs Commissioner Of Income-Tax on 24 January, 2001
10. Oxford University Press vs. CIT
(2001) 3 SCC 359
Gujarat Urja Vikash Nigam Ltd vs Essar Power Ltd on 13 March, 2008
Commissioner Of Income-Tax vs Surama Tubes (P.) Ltd. on 14 January, 1991
[6.5] In the case of K.P. Varghese (Supra), it is observed and held as
under: