provisions of sub-section (2) of section 32 , which contains a deeming fiction that carried forward depreciation should be treated as current year ... current year's business profit, in spite of the deeming fiction contemplated by sub-section (2) of section 32 ?
9. Before discussing this question
business. As already noticed, this is so by virtue of the deeming fiction under Sub-section (1) of Section 47 and one is inclined ... thereof.
8. Analysed as above, Section 47(1) spells out a deeming fiction of vicarious liability and a rule of evidence laying the burden
land
under rereservation in the revised development
plan. Once the deeming fiction for lapse of the
reservation is applicable, it would not adversely
affect ... condition
precedent for applying the deeming fiction. If
the notice is not duly served, it cannot be said
to be a valid notice. Thus
that when profit was being computed by virtue of the deeming fiction under Section 41(2) , unabsorbed depreciation under Section ... that by virtue of the Explanation to Section 41(2) a deeming fiction is created and by virtue of that deeming fiction, the business which
business. As already noticed, this was by virtue of the deeming fiction under Sub-section (1) of Section 10 of the Act. The basic liability ... thereof.
13. Analysed as above, Section 10 (1) spells out a deeming fiction of vicarious liability and also a rule of evidence laying the burden
section (2) and he was deemed to have been appointed under Section 60. But for the deeming fiction an employee of the Panchayat could ... commencement of the Act is deemed to have been appointed under the Act but this deeming fiction only meant that
computation has to be made under sub-section
(3); (ii) The deeming fiction under sub-section (1) of Section 115JB applies
in a situation where ... deeming fiction has to be applied within the parameters
envisaged by the legislative body which creates the fiction. Under Section
115JB the deeming fiction
deemed value of land) = Rs.67 GST
@ 18% = Rs.12.06."
It was argued out that the tax liability by virtue of deeming fiction ... land is deemed to be 1/3rd of the total agreement value.
22 It was urged that the deeming fiction is ex-facie discriminatory
Sushil Ansal And 2 Ors. vs State Of U.P.& Another. on 6 July
Gajendragadkar J., it is obvious so far as the three deeming fictions under Section 5-A are concerned, particularly under Section 5-A Clause ... proof or conclusive presumptions and, therefore, the basic assumption that the deeming fictions create conclusive presumptions or irrebuttable presumptions is not warranted
