Latest Expert Exchange Queries

Make your inventory and invoicing software GST Ready from Binarysoft info@binarysoft.com
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: due date for vat payment :: articles on VAT and GST in India :: cpt :: ARTICLES ON INPUT TAX CREDIT IN VAT :: list of goods taxed at 4% :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: TAX RATES - GOODS TAXABLE @ 4% :: TDS :: empanelment :: form 3cd :: ACCOUNTING STANDARDS :: VAT Audit :: VAT RATES :: ACCOUNTING STANDARD :: Central Excise rule to resale the machines to a new company
 
 
From the Courts »
  Rites Limited Vs. Commissioner Of Income Tax, Delhi-V
 Commissioner Of Income Tax Vs. I.T.C. Limited
  John Fowler (India) Pvt. Ltd vs. DCIT (ITAT Mumbai)
  CIT vs. The Mumbai Metropolitan Regional Iron and Steel Market Committee (Bombay High Court)
 Canyon Financial Services Ltd Vs. Income Tax Officer
 Chintels India Limited Vs. Deputy Commissioner Of Income Tax – Circle 8
 Commissioner Of Income Tax Vs. International Tractors Ltd.
 Hcl Technologies Ltd. Vs. Deputy Commissioner Of Income Tax Central Circle-2 & Anr.
 New Delhi Television Ltd vs. ACIT (ITAT Delhi)
 John Fowler (India) Pvt. Ltd vs. DCIT (ITAT Mumbai)
 CIT vs. The Mumbai Metropolitan Regional Iron and Steel Market Committee (Bombay High Court)

Legislature enjoys discretion in tax matters, Courts should keep off: Supreme Court
November, 04th 2011

The Supreme Court has said that the legislature enjoys wide discretion in taxation matters and judiciary should keep their hands off unless the exercise of such discretion is palpably arbitrary.

The apex court on Thursday set aside the order of the Gujarat High Court which had held the provision of government's Kar Vivad Samadhana Scheme, 1998, as illegal as it had prescribed a cut-off date which had excluded certain category of the assessees from availing the benefits of the scheme of settlement of tax arrears.

"A power to classify being extremely broad and based on diverse considerations of executive pragmatism, the judicature cannot rush in where even the legislature warily treads. All these operational restraints on judicial power must weigh more emphatically where the subject is taxation," said a bench comprising justices HL Dattu and CK Prasad in its judgement.

It said: "Discrimination resulting from fortuitous circumstances arising out of particular situations, in which some of the tax payers find themselves, is not hit by Article 14 (Constitutional Right to Equality) if the legislation as such is of general application and does not single them out for harsh treatment.

Advantages or disadvantages to individual assesses are accidental and inevitable and are inherent in every taxing statute as it has to draw a line somewhere and some cases necessarily fall on the other side of the line."

The legislature has a broad discretion in the matter of classification. In taxation, there is a broader power of classification than in some other exercises of legislation. When the wisdom of the legislation while making classification is questioned, the role of the courts is very much limited.

It is not reviewable by the Courts unless palpably arbitrary, the bench said. It said: "It is not the concern of the courts whether the classification is the wisest or the best that could be made. However, a discriminatory tax cannot be sustained if the classification is wholly illusory."

 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2017 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
SEO Company Search Engine Optimization Company US SEO Local SEO Company Website SEO Company Alabama SEO Company Alaska SEO Company Arizona SEO Company Arkansas SEO Company California SEO Company Colorado SEO Company Connecticut SEO Company Delawa

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions