Search Results Page

Search Results

1 - 10 of 11 (0.40 seconds)
The Commissioner Of Income-Tax, West ... vs M/S. Vegetables Products Ltd on 29 January, 1973 cites

M.M. Annaiah vs Commissioner Of Income-Tax, Mysore on 9 September, 1969

on a proper interpretation of the provision mentioned earlier, it would be, clear that the penalty can be only imposed on the amount payable under s. 156.In support of their contention, they relied on the decision of the Mysore, High Court in M. M. Annaiah v. Commissioner of Income-:tax, Mysore(2). They further urged that if ,interpretation placed by the Revenue on s. 271 (1) (a) (i) is accepted as correct, the result would be that the advance tax paid or taxes deducted at the source cannot be taken into consideration in determining the penalty payable. If that be true, the Counsel urged that even if the assessee had paid more tax than he need have paid, but had not submitted his return within the time fixed, he would be liable to pay penalty on the entire amount assessed. According to them the law cannot be presumed to be so harsh at that. There is no doubt that the acceptance of one or the other interpretation sought to be placed on S. 271 (1) (a) (i) by the parties would lead to some inconvenient result, but the duty of the court is to read the section, understand its language and give effect to the same. If the language is plain, the fact that the consequence of giving effect to it. may lead to some absurd result is not a factor to be taken into account in interpreting a provision. It is for the legislature to step in and remove the absurdity. On the other hand, if two reasonable constructions of a taxing provision are possible that construction which favours the assessee must be adopted. This is a well 'accepted rule of construction recognised by this Court in several of its decisions.
Karnataka High Court Cites 21 - Cited by 17 - Full Document
1   2 Next