Cit vs hindustan bulk carriers
WebNov 6, 2024 · As observed by Hon‟ble Supreme Court, in the case of CIT Vs Hindustan Bulk Carriers [(2003) 259 ITR 449 (SC)], “A construction which reduces the statute to a futility has to be avoided. A statute or any enacting provision therein must be so construed as to make it effective and operative on the principle expressed in maxim us res magi’s ... WebAug 12, 2024 · The Supreme Court laid down the principles of Rule of harmonious construction in the case of CIT vs. Hindustan Bulk Carriers:- 1. The courts must avoid a head on clash of seemingly contradicting provisions and they must construe the contradictory provisions so as to harmonize them.
Cit vs hindustan bulk carriers
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WebDec 17, 2002 · Hindustan Bulk Carriers Arijit Pasayat, J.— A question of seminal importance relating to the period for which interest in terms of Section 234-B of the Income Tax Act, 1961 (in short “the Act”) can be levied when the Settlement Commission (in short “the Commission”) passes an order under Section 245-D of the Act, is the subject-matter ... WebIn CIT v. Hindustan Bulk Carriers, the supreme court stated five important principles and they are: The courts must avoid a conflict between conflicting provisions by construing the opposing clauses in a way that harmonises them.
WebJan 24, 2024 · In the case of CIT v. Hindustan Bulk Carriers 2003, 5 guidelines focusing rule of harmonious construction have been directed by Supreme Court of India. Doctrine of Eclipse. ... In the case of Rattan Lal vs. State of Punjab AIR 1965 SC 444, on 31-May-1962, ‘A’ boy of 16yr found guilty of an offence and was awarded imprisonment of 6 months ... WebJan 16, 2024 · The reference by the AO to the case of Hindustan Bulk Carriers (supra) is misplaced since in that case block assessment was not involved. In any case this decision was disapproved by a five member bench in the case of Brij Lal v CIT 194 Taxman 566 (SC). In Brij Lal (supra) section 234A, 234B and 234C were held to be applicable to …
WebDec 21, 2024 · Hindustan Bulk Carrier: “While interpreting, the court has a duty to avoid a “head-on clash” at all costs between two sections of the same act The interpretation should be done such that the provision of one section doesn’t defeat the purpose of another unless it is impossible to effect a reconciliation between them. WebJun 2, 2011 · The Hon’ble Supreme Court had in the case of CIT vs. Damani Brothers 259 ITR 475 and CIT vs. Hindustan Bulk Carriers 259 ITR 449 held that interest u/ss. 234A, 234B and 234C is mandatory and the Settlement Commission had no power to reduce or waive such interest. In view of these decisions of the Hon’ble Supreme Court which were …
WebThe Ld.Senior Counsel referring to the provisions of section 153A and the decision of Hon'ble Supreme Court in the case of CIT vs Hindustan Bulk Carriers 259 ITR 449 (SC) submitted that the provisions of one section of the statute cannot be used to defeat those of another unless it is impossible to effect resilient between them. Thus, a ...
Webof Income Tax vs. Hindustan Bulk Carrier, the application can be seen in several landmark judgements before that, both pre – independence and post – independence. Several judgements have applied these principles implicitly and the same is reflected in their interpretation of legislations while adjudicating disputes. 1. Venkataramana Devaru v. irs dba changehttp://www.ijlljs.in/wp-content/uploads/2014/06/Harmonious-Construction.pdf irs dba filingWebAug 15, 2015 · Sathe has appeared in a number of landmark matters in the Supreme Court and the High Courts such as CIT vs. Hindustan Bulk Carriers (2002) 258 ITR 399 (SC), CIT vs. Gabriel India Ltd (1989) 179 ITR 54 (Bom), CIT vs. LIC Housing Finance Ltd (2014) 367 ITR 458 (Bom) etc. He was designated Senior Advocate on 23.07.2005 and was … irs days offWebJun 19, 2015 · The A.O., however, referred to Apex Court judgment in case of CIT vs. Hindustan Bulk Carriers and charged interest. 5. The assessee preferred an appeal to CIT(A) and it was held that the interest could not be levied in block assessment by placing reference to section 158BF of the Act. Apex Court judgment in case of CIT vs. … portable tin and wood storage shedsWebOct 11, 2024 · CIT vs Hindustan Bulk Carriers … but can waive or reduce interest u/s 220(2A) if prescribed conditions are satisfied. Rectification of order: section 245D(6B): Within a period of 6 months from the end of month in which order was passed; portable tire inflator for motorcycleWebCIT v. Hindustan Bulk Carriers (2003)3 SCC 57 the Supreme Court laid down five principles of rule of harmonious construction:- The courts must avoid a head-on clash of … irs dba give any liability protectionWebAug 30, 2024 · In the landmark case of CIT v. Hindustan Bulk Carriers (2003) the supreme court laid down five principles of rule of harmonious construction: The courts … portable tile cleaning wand