unit linked insurance policy to which exemption under clause (10D) of section 10 does not apply on account of the applicability of the fourth
removal of doubts, it is hereby clarified that where an individual claims exemption and the exemption is allowed under the second proviso in connection with ... prescribed expenditure, no exemption shall be allowed under this clause in respect of such prescribed expenditure to any other individual;] (5A) [Omitted by the Finance
statutes-Grounds of
challenge.
Customs Act . 1962 Section 25-Power to grant exemption-
Whether legislative power-Whether notification a Subordinate
piece of legislation Whether questionable ... there was a levy of
customs duty on imported paper. Exemption, however, had been
granted for import of white, grey or unglazed newsprint from
LAKHINA
Date: 2018.07.30
11:00:29 IST
Reason:
while interpreting a tax exemption
2
provision/notification when there is an ambiguity as
to its applicability ... supra), a threeJudge Bench
ruled that an ambiguity in a tax exemption
provision or notification must be interpreted so as to
favour the assessee
granted even
under section 80-HHB on the ground that conditions for
exemption specified thereunder were not fulfilled. The IAC
determined assessee's total ... assessment and directed the IAC to
reappraise assessee's claim for exemption under section 80-
HHB holding that the assessee, being under a bona
publication of newspaper and
journals and making profits, if entitled to tax exemption.
HEADNOTE:
Section 2(15) of the Income-tax Act provides that ... words
used clearly imposed a new qualification on public utilities
entitled to exemption. It was obvious that, unless such a
limitation was introduced, the fourth
residence. In this case, the residents of the State were allowed exemption from paying the capitation fee. But the non-residents were asked
members. that is, to be trade generally, is not
entitled to the exemption, and is liable to tax.[845E-G]
(1) The test ... answered
affirmatively, if (c) (1) is also answered affirmatively
the claim for exemption collapses. [844B-C]
(2) Section 2 (xv) must be interpreted in such
shall be inserted, namely:–– “(c) any unit linked insurance policy to which exemption under clause (10D) of section 10 does not apply on account ... shall include a case where subsequent to imposition of tax liability, an exemption has been provided;’; (v) in clause (42C),-- (I) for the words “undertaking
except by authority of law. The
authority to levy tax or grant exemption therefrom vests absolutely
in the Parliament and no other body, howsoever high ... collected in accordance therewith and no
person has power to grant any exemption therefrom. The treaty
making power under Article 73 is confined only