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1 - 10 of 31 (0.39 seconds)Section 52 in The Income Tax Act, 1961 [Entire Act]
Section 139 in The Income Tax Act, 1961 [Entire Act]
Section 28 in The Income Tax Act, 1961 [Entire Act]
Section 14 in The Income Tax Act, 1961 [Entire Act]
Escorts Limited And Anr. Etc. Etc vs Union Of India And Ors on 22 October, 1992
29. He further submitted that the same Bench has relied upon the aforesaid decision in the case of Escorts Limited v. Union of India [1991] 189 ITR 81 (Delhi), wherein the court has observed that it was difficult to agree with the decision rendered by the Patna High Court in the case of Jamshedpur Motor Accessories Stores [1991] 189 ITR 70. Merely because a provision of the Act is harsh, it is no ground for discarding one of the cardinal principles of interpretation of statutes which is that if the language is clear and unambiguous, then resort cannot be had to the aims and objects or the Minister's speech with a view to interpret the provisions of an Act. It is only if there is any ambiguity in the language that, in order to understand the intention of the Legislature, aid can be taken of the proceedings in Parliament including the aims and objects of the Act.
The Customs Act, 1962
K.P. Varghese vs The Income Tax Officer,Ernakulam, And ... on 4 September, 1981
19. Further, it is an established law that like all laws tax laws are also required to be interpreted reasonably and in consonance with justice and as far as possible they should be so interpreted that absurdity or mischief which is likely to be caused, could be avoided. For this purpose, it would be worthwhile to refer to the principles laid down by the Supreme Court in the case of K. P. Varghese v. ITO [1981] 131 ITR 597, 604. In that case the court has, inter alia, held as under :
Commissioner Of Income-Tax vs Sri Jagannath Steel Corporation on 20 December, 1990
In the aforesaid decision, the court has relied upon the decision rendered by the Calcutta High Court in the case of CIT v. Sri Jagannath Steel Corporation [1991] 191 ITR 676, wherein the court has observed that the provisos and the Explanation added to section 43B supplied an omission and were intended to remove the impossibility of performance and, therefore, cannot be said to be prospective in operation. If an assessee has paid the sales tax, etc., on or before the due date applicable in his case for furnishing the return of income, he shall be entitled to claim deduction of that amount, whereas with regard to provident fund, family pension, paid on or before the due date. In the said case, the court has observed that if the contention raised by the Revenue is accepted, it would require the assessee to do an impossible act because the assessee could not have paid its tax liability in the previous year ending on March 31, 1984, as in March, 1984, the last quarter would end.
Sanghi Motors vs Union Of India And Others on 22 August, 1990
28. As against this, learned counsel, Mr. Shelat submitted that the Delhi High Court in the case of Sanghi Motors v. Union of India [1991] 187 ITR 703, has observed as under (at page 706) :