purposes of capital gains u/s 48 and deeming fiction so
created does not apply to other provisions of the Act including section ... shall be deemed
to be the full value of consideration received or accruing as a result of
transfer. Meaning thereby, the deeming fiction created
explanation, as a fiction of law, is
brought into existence. The legal fiction is that the
assessee is deemed to be carrying on a speculation ... assessee is to be deemed to be
carrying on a speculation business for the purposes
of the Section. The deeming fiction is, therefore, one
which
presumptive profit and byfurther creating fiction over fiction that for the purposes of article XIV(2) the salary is deemed to have been allowed ... DTAA with France. There cannot be fiction over fiction more so when there cannot be assumption of deeming salary as having been deducted with
certain situation, even without
there being anything to indicate so, statutory deeming fiction for concealment
of income comes into play. This deeming fiction ... computation of the total income.
Under first situation, the deeming fiction would come to play if the assessee
failed to give any explanation with respect
respondent Nos.2 & 3 that Section 445 is a
deeming fiction and date of winding up is only one of the
contingencies that ... winding up
being a deemed notice of discharge, and the deemed notice does
not bring about termination or cessation. The deemed notice would
operate only
Balubha Ashabhai Manek vs Gujarat Water Supply And Sewarage Board on 6 March, 2020
Author
that the company is unable to pay its debts. The deemed fiction regarding inability of the company to pay its debts is said to arise ... Case is covered by the aforesaid provisions, (then) of course, deeming fiction would arise for court's consideration and in proper cases the court
imprimatur of “deemed
authorization”. The mandatory applicability of the regulatory regimen of Section17
was reiterated by Section 16 , by stating that deemed authorizations shall ... cost, pending a final decision on
their application for authorization. The fiction created by Section 16 was for this
25
limited purpose. It was submitted
doubt
uses the word ‘deemed’ but in fact, the first part does not
incorporate/create any deeming fiction and rather postulates and
Civil Appeal arising ... this fiction beyond the legitimate
field and the purposes for which the legislature had adopted the
fiction. The purpose and objective for creating fiction must
also cannot
be accepted as the contention is based on deeming fiction as contained in
the said D.C. Regulation. It is submitted that ... benefit of
the petitioner. Thus, the SRA based on a deeming fiction contained in a
subordinate legislation [DCR 33(10)] cannot contend that the time
