TAXATION LAW INTERNAL ASSIGNMENT – II Case Analysis: R.S. Joshi, STO, Gujarat & Ors. Vs. Ajit Mills Ltd & Anr. Citation: AIR1977SC2279 Prof-in-charge: Prof Ashutosh Naik By- Swathi. A.P III BBA LLB ‘A’ Roll No. 23 Symbiosis Law School Ph: 7798627663 Name of the case: R.S. Joshi, STO, Gujarat & Ors. Vs. Ajit Mills Ltd & Anr. Citation: AIR 1977 SC 2279: (1977) 4 SCC 98: 1977 SCC (Tax) 536 Decided On: 31.08.1977 Bench: 7 Judge Bench consisting of the following Justices of the Supreme Court of India: Chief Justice M. Hameedullah Beg., Justice N. L. Untwalia, Justice P. N. Bhagwati, Justice P. S. Kailasam, Justice S. Murtaza Fazal Ali, Justice V. R. Krishna Iyer and Justice Y. V. Chandrachud. Brief facts …show more content…
A bench of the Supreme Court has in Bankura Municipality v. Lalji Raja and Sons[2] held that: The Criminal Procedure Code, Customs & Excise Laws and several other penal statutes in India have used diction which accepts forfeiture as a kind of penalty. Intention of legislature: The classical view that 'no mens rea, no crime' has long ago been eroded and several laws in India and abroad, especially regarding economic crimes and departmental penalties, have created severe punishments even where the offences have been defined to exclude mens rea. Therefore, the contention that Section 37 (1) fastens a heavy liability regardless of fault has no force in depriving the forfeiture of the character of penalty. II. Whether or not the Legislature has the ancillary or incidental power to make provision for the levy and collection of such tax. Though it may not be open to a State legislature to make provision for the recovery of an amount which is not a tax under Entry 54 of List II in a law made for that purpose, it would still be open to the legislature to provide for paying over all the amounts collected by way of tax by persons, even though they really are not exigible as tax, as part of the incidental and
* What are the differences between the following components of taxable income? Provide at least one example of each.
Analyze Luxford & Anor v Sidhu & 3 others [2007] NSWSC 1356 (3 December 2007) as follows:
In order to deduct her moving expenses, she must meet certain conditions outlined in Reg. 1.217-2 (c). Helen meets the first two requirements (relevance to work test and distance test) without any issue. The third requirement has not yet been met yet though. This requirement is a minimum period of employment. Since she is a full-time employee, she must work full-time in this general location for at least 39 weeks during the 12 month period after the move. This does not mean she is not required to remain employed at her current place of work to meet this test. Even though she does not meet this requirement yet, she can deduct these expenses on the current years return or the year the reimbursement is paid to her by her employer. If she recognizes the expenses on this year’s return and does not end up meeting the requirement, she will have to include the deductions she took on this year’s return in next year’s gross income.
I appreciate the opportunity to advise you regarding the tax treatment for your loss of $25,406 in 2015 from your dog breeding activities. I understand that you decided to start breeding purebred terriers to keep yourself busy after your divorce with your husband in January. There are two possible ways to treat the loss under rulings in the Internal Revenue Code. One option is to treat your dog breeding activity as a business and deduct the losses on Schedule C, Profit or Loss from Business, of your individual income tax return. The second option is to treat your dog breeding as an activity not engaged in for profit, which does not allow you to deduct the
The matter was presented to the Administrative Appeals Tribunal (AAT) and AAT has different views on this matter and AAT considered the historical Cases and
The Court was hearing an appeal by the CCI against the order dated Feb. 15, 2010 of the Tribunal in Steel Authority of India Ltd. v. Jindal Steel & Power Ltd. Jindal Steel had
In a Summary Opinion, the Tax Court has determined that a taxpayer could deduct the costs of obtaining a master of business administration (MBA) as unreimbursed employee expenses. The Court found that the MBA didn't qualify him for a new profession but rather refined his existing business and investment skills that he used in his former managerial position, and it further concluded that the taxpayer remained in the same trade or business before and after attaining the degree.
Facts of the case (Summary of facts of case and its journey to Supreme Court)
cases (15% of the total number of cases) have been filed. As Dr. Dipak Banerjee
Our work in connection with the preparation of the tax return(s) does not include any procedures designed to discover defalcations or other irregularities, should they exist. We will not audit or verify the data you submit, although we may ask you to clarify it or furnish us with additional data.
Taxation is a scheme where one or more individual or a company or a group of companies or similar legal entities paying certain amount of money from income, product or service to the government to progress the country?s infrastructure. The intention of imposition of tax to the residents, either individual or company, by the administration is to help government financially so that government can pursue development task for the country. However, the amount of tax will always depend on the financial stability of a country. To make the taxation scheme more effective, the taxation system and its law necessity to be more effective. Depending on country?s circumstances, taxation system is also very to one jurisdiction to another. However, in this essay, the discussion will focus on the two jurisdictions namely Australia and Bangladesh and the discussion will concern specifically to the function of the two authority to collect tax from two jurisdiction, different number using in two different jurisdiction to identify taxpayer, sources of income tax between this two jurisdiction, accounting system among them, the other sources (apart from income tax) of tax, the system to bring action against the tax authority among the two jurisdiction and
It is the purpose of this essay to discuss whether the implementation of strict liability within criminal law system is a necessary means for combating crime, and if there is any justification for its use. Strict liability is the placing of liability upon the defendant(s), regardless of whether or not mens rea is present. This can include instances of negligence, carelessness or accident. There are a number of arguments for and against strict liability, and this essay will identify and explore these arguments.
may (i) exempt certain classes of property from taxation at all, such as charities, libraries etc. (ii)
The Supreme Court of India has adopted a forward-looking approach since last few years, particularly having regard to the socio-economic conditions prevailing in the country. In fact there are two kinds of approaches which characterise the functioning of the highest Court in every
explain changes in tax struc-ure of an economy over time under t the impact of economic development and of political and social factors. Tax structure is affected by economic development in three ways: (a) tax base undergoes a change as the develop- ental process m proceeds; (b) change in the tax base brings about changes in the revenue system: and (c) economic development leads to changes in the objectives of tax policy. Bangladesh Government collects taxes on account of custom duty, sales tax, value added taxes, excise duty, cess, fees, fines, penalties, income tax, advalorem duty, etc. It