Interpretation of taxing statute

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WebJun 25, 2024 · June 25, 2024: All about Interpretation of Statutes By- Nishita Kapoor (Download PDF) The Author, Nishita Kapoor is a 3rd Year student of UILS. Panjab University. She is currently interning with LatestLaw.com. CONCEPT OF INTERPRETATION OF STATUTES. “The essence of law lies in the spirit, not in its letter, …

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WebThe principle of strict interpretation of taxing statutes was best enunciated by Rowlatt J. in his classic statement in Cape Brandy Syndicate v. I.R. (1 KB 64, 71): "In a taxing statute one has to look merely at what is clearly said. There is no room for any intendment. There is no equity about a tax. There is no presumption as to a tax ... WebJan 30, 2024 · Interpretation of Statutes - Taxation Statutes - In the taxing statute, it is the plain language of the provision that has to be preferred, where language is plain and is capable of determining ... novel the bullet that missed

All About Interpretation of Statutes By: Nishita Kapoor

WebDec 31, 2024 · the statutory provision is ambiguous, then our interpretation of the statute should pass muster as reasonable.’ \\jciprod01\productn\N\NYU\95-2\NYU201.txt unknown Seq: 11 5-JUN-20 13:38 WebInterpretation of Tax Statute - Free download as PDF File (.pdf), Text File (.txt) or read online for free. Interpretation of Tax Statute. ... Cardinal Rules for interpretation of taxing statutes16 6. Golden Rule: Doctrine of purposive construction..18 7. Rule of harmonious construction19 8. WebTherefore, their interpretation is based on the rules of interpretation under customary international law. As these principles and procedures of interpretation for agreements differ from rules applied to domestic legislation, an interpretation under the domestic law as a taxing statute may be misleading and unsuitable. novel the catcher in the rye

TAXATION 1.7 INTERPRETATION OF TAXING STATUTE

Subject: Interpretation of Statute B.A.LL.B-Xth Sem …

WebIn a Taxation statute, if a word has a clear meaning, then in that case, the court is bound to follow the clear meaning even if such meaning results in absurd results. It is in legislature … WebIn 1999 a new Interpretation Act was passed, clearly setting out the purposive approach to statutory interpretation. Section 5(1) of that Act provides that the meaning of a statute … novel the boy in the striped pajamasWebFeb 24, 2012 · If the words of a taxing statute fail, so must the tax. The courts cannot, except rarely and in clear cases, help the draftsman by a favourable construction, vide … novel the dark hours

"WebPresented by:- Aradhya Gupta .In this video we have discussed the concept of Strict Construction of TAXING STATUTES Instagram:- https: ... " - Interpretation of taxing statute

Interpretation of taxing statute

An Empirical Study of Statutory Interpretation in Tax Law

WebJan 18, 2024 · The court held that if the provision in question is an anti-avoidance one, the interpretation should seek to remedy the ill which the provision sought to curb/remedy. … WebConstruction means drawing a conclusion where a word has more than one meaning. 2. Interpretation is a true form of the word by conveying the intention of the legislature. Construction is the drawing of conclusions even from beyond the direct expression of the language of the statute.

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WebDec 20, 2024 · If there are two plausible ways of interpreting a taxing act, one of them must be recognised. Rowlatt J.’s iconic comment in Cape Brandy Syndicate v. I.R.C., best enunciated the notion of rigorous interpretation of taxation statutes: “When interpreting a tax statute, one should focus on the language that is presented in the statute itself. WebStatutory interpretation may be the process of discovering parliamentary intention, but this intention, ... “The primacy of the construction of the particular taxing provision and the illegitimacy of rules of general application has been reafﬁrmed by the recent decision of the House in [BMBF].

Webinternal or external aids to interpretation. There can be retrospective, prospective or retroactive operation of a provision. Many maxims are used for interpretation. While … WebMay 4, 2015 · In interpreting the court fee Act, the benefit of doubt always goes to the assessee. Double taxation In interpreting a fiscal statute, if one meaning gives rise to double taxation and other meaning gives rise to single taxation, then the interpretation must be in favour of single taxation. Delayed payment of tax.

WebNov 18, 2024 · Statutory interpretation. Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and straightforward meaning. But in many cases, there is some ambiguity or vagueness in … WebJan 18, 2024 · INTERPRETATION OF TAX STATUTE:: Section 44 of the 1999 Constitution vests citizens with the right to own property, however, Section 44(2)(a), 45 and 24 allow for derogations in justified circumstances… tax being one.:: We have noted earlier that there can be no imposition of tax where it is not provided for in the law.Flowing from this is the …

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WebTaxation laws are statutory and their interpretation is the function of the courts. The 'Interpretation' covers not merely the general approach to the problem but also the … novel the dark flood risesWebJan 6, 2015 · According to Salmond ‘Interpretation or Construction’ means “the process by which the Courts seek to ascertain the meaning of the legislature through the medium of authoritative forms in which it is expressed.”. The main body of the law is to be found in statutes, together with the relevant statutory instruments and in case law as ... novel the death of reginald perrinWeb(2) If there are two reasonable interpretations of taxing statutes, the one that favors the assessee has to be accepted. The principle of strict interpretation of taxing statutes … novel the food of the godsWebToggle Navigation. Account Login novel the diamond eyeWebSection 133A (Power of Survey) in the Income Tax Act, 1995 “ (2) An income-tax authority may enter any place of business or profession referred to in sub-section (1) only during the hours at which such place is open for the conduct of business or profession and, in the case of any other place, only after sunrise and before sunset.”. novel the foxes of harrowWebMay 15, 2010 · 1. Interpretation of statutes – Importance of subject For understanding the provisions of a statute, knowledge to apply the ‘correct’ interpretation, is an essential prerequisite. In the case of taxing statutes, as in different type of statutes, there are certain bedrock principles on which the interpretation or construction of the ... novel the glittering prizesWebInterpretation of Taxing Statutes - ijtr.nic.in novel the good terrorist