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Cit vs hindustan bulk carriers

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 ... 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 ...

Ajay Kumar Jain v. Acit . Income Tax Appellate Tribunal

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 … 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; grand master thawn https://collectivetwo.com

Commissioner Of Income Tax vs M/S. Hindustan Bulk …

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 ... WebJun 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. … 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. grand master training

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Cit vs hindustan bulk carriers

Welspun Corp Ltd, Mumbai vs Dcit Cen Cir 22, Mumbai on 25 …

WebSep 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 … WebAug 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 …

Cit vs hindustan bulk carriers

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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 … WebFeb 8, 2024 · In the landmark case of CIT Vs. Hindustan Bulk Carriers - In this case, the Supreme Court laid down five principles of rule of harmonious construction:-· The courts must avoid a head-on clash of seemingly contradicting provisions and they must construe the contradictory provisions so as to harmonize them.

WebOct 8, 2002 · Hindustan Bulk Carriers: Court: SUPREME COURT: Relevant Act: Income-tax: Date of Order: 08/10/2002 : Judgment: View Judgment: Keyword Tags: … http://www.ijlljs.in/wp-content/uploads/2014/06/Harmonious-Construction.pdf

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: … WebDec 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 …

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 ... chinese food radcliff kyWebAug 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 … chinese food rahway njWebJan 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 … grand master watchWebJun 25, 2024 · Hindustan Bulk Carriers:- The courts must avoid a head on clash of seemingly contradicting provisions and they must construe the contradictory provisions … chinese food raeford rd fayetteville ncWeb5 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 … chinese food raeford ncWebFeb 6, 2024 · Explaining this principle, Hon’ble Supreme Court has, in the case of CIT Vs Hindustan Bulk Carriers [(2003) 259 ITR 449 (SC)], has observed that “A construction which reduces the statute to a futility has to be avoided” and that “A statute or any enacting provision therein must be so construed as to make it effective and operative on ... grand master whiskyWebAug 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. grandmasthing.com