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Cit vs hindustan bulk carriers

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. WebJun 28, 2012 · That is clearly an absurdity. As to what should be done in such a situation, we find guidance from the observations made by Honble Supreme Court, in the case CIT vs Hindustan Bulk Carriers Ltd (259 ITR 449), as follows: …

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WebOct 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; WebMay 1, 2014 · The Supreme Court in CIT vs. Hindustan Bulk Carriers [2003] 259 ITR 449 observed: “Whenever it is possible to do so, it must be done to construe the provisions which appear to conflict so that they ‘harmonise’. It should not be lightly assumed that Parliament had given with one hand what it took away with the other. philips tl rs 40w/840 https://corpdatas.net

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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 ... WebFeb 6, 2024 · The Supreme Court laid down five principles of rule of Harmonious Construction in the landmark case of CIT v Hindustan Bulk Carriers: The courts must … try and throw c++

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Category:Commissioner Of Income Tax v. Hindustan Bulk Carriers

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Cit vs hindustan bulk carriers

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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. WebAug 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 …

Cit vs hindustan bulk carriers

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Web5 CIT v. H ind u st aB lk re , (2 0 3) S C 5 7, p .4 6 Ibid. 7 S t a e of U .Pv R nus g rw C , AIR 19 8 SC 73 , p .5 8 Co l ec trf n aEx is J p uv .R gh (I d) L , JT 2 0 (7) SC 9, p .1 9 O SB … WebCommissioner Of Income Tax vs M/S. Hindustan Bulk Carriers on 17 December, 2002 Author: A Pasayat Bench: Arijit Pasayat CASE NO.: PETITIONER: Commissioner of …

Web1 CIT v. Hindustan Bulk Carriers, (2003) 3 SCC 57, p. 74. 2) The provision of one section cannot be used to defeat the provision contained in another unless the court, despite all its effort, is unable to find a way to reconcile their differences.2 3) When it is impossible to completely reconcile the differences in contradictory provisions, the ... WebOct 8, 2002 · Commissioner of Income Tax v/s Hindustan Bulk Carriers Civil Appeal Nos. 7966-67 of 1996 Decided On, 08 October 2002 At, Supreme Court of India By, THE …

WebIn fact, in the facts of the appellant's case, the decision of Apex Court is squarely applicable wherein no uncertain term the Hon'ble Supreme Court in the case of CIT vs. Hindustan Bulk Carriers {(259 ITR 449) (SC)} have held that "on the portion of income determined by the Commission not disclosed to the A.O., interest is to be charged u/s ... 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 ...

WebCIT 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 …

WebDec 17, 2002 · CIT v/s M/s. Hindustan Bulk Carriers C.A.No.7966 - 67 of 1996 Decided On, 17 December 2002 At, Supreme Court of India By, THE HONOURABLE MR. … philips tl-d super 80 58w/865WebSep 15, 2024 · Hindustan Bulk Carriers (2003) 259 ITR 449 (SC) and CIT Vs. Demani Brothers (2003) 259 ITR 475 (SC). It is stated that interest under Section 234B is to be … try and trial meaningWebDec 26, 2024 · Principles :- The Supreme Court laid down five principles of rule of Harmonious Construction in the landmark 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. 2. The provision of one … try and true methodWebJun 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 … philips tmx200WebJan 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 … philips tlx xl 65w/33-640WebIn 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. philips tmx204 lsWebJun 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. … try and true meaning