Mysore Minerals Ltd., M.G. Road, Bangalore v. The Commissioner of Income Tax, Karnataka, Bangalore

M/S D. N. Singh Through Partner Dudheshwar Nath Singh vs. Commissioner of Income Tax

Bench: HON'BLE MR. JUSTICE K.M. JOSEPH

…e to secure the benefit intended to be given by the legislature to the assessee. It is also well settled that where there are two possible interpretations of a taxing provision the one which is favourable to the assessee should be preferred. 16 (1999) 7 SCC 106 62 5. What is ownership? The terms “own”, “ownership”, “owned” are generic and relative terms. They have a wide and also a narrow connotation. The meaning would depend on the context in which the terms are used. Black's Law Dictionary (6th Edn.) defines “owner” as under: “Owner.—The person in whom is vested the ownership, dominion,…

Smt. S. Jalaja vs. Union of India

In the result, writ appeals are allowed

Bench: ALOK ARADHE,HEMANT CHANDANGOUDAR

…to 2013 Act defeats the federal structure of the country and is violative of Article 21 of the Constitution of India. In support of aforesaid submissions, reliance has been placed on the decisions in 'STATE OF KERALA Vs. MAR APPAEM KURI CO. LTD.' (2012) 7 SCC 106, 100 'KAISER-I-HIND PVT. LTD. AND ORS. Vs. NATIONAL TEXTILE CORPORATION' AIR (SC) 3404, 'ZAVERBHAI AMAIDAS Vs. THE STATE OF BOMBAY AIR 1954 SC 742, 'P.L.MEHRA Vs. D.R.KHANNA' 1971 AIR (DEL) 1, 'M.KARUNANIDHI Vs. UNION OF INDIA' AIR 1979 SC 898, 'T.BARAI Vs. HENRY AH HOE AND ANR.' (1983) 1 SCC 177, 'RESERVE BANK O…

M/S. I.C.D.S. Ltd vs. Commissioner of Income Tax

The appeals are allowed; the impugned

…ne who has invested in the capital asset is utilizing the capital asset and thereby losing gradually investment caused by wear and tear, and would need to replace the same by having lost its value fully over a period of time.” 3 (1999) 7 SCC 106 16 Page 17 JUDGMENT 21. Black’s Law Dictionary (6th Edn.) defines 'owner' as under: “Owner. The person in whom is vested the ownership, dominion, or title of property; proprietor. He who has dominion of a thing, real or personal, corporeal or incorporeal, which he has a right of enjoy and do with as he pleases, even to spoi…

Commnr. of Central Excise, Pondicherry vs. M/S. Acer India Ltd

…98) 2 SCC 95]. A provision enacted for the benefit of an assessee should be so construed which enables the assessee to get its benefit. [See Mysore Minerals Ltd., M.G. Road, Bangalore Vs. The Commissioner of Income Tax, Karnataka, Bangalore (1999) 7 SCC 106] However, principle of purposive construction will be adhered to when a literal meaning may result in absurdity. In Francis Bennion’s Statutory Interpretation, Fourth Edition, page 828, it is stated: "Section 310. Purposive construction not excluded for taxing etc. Acts: Particular types of Acts (for example taxing Acts) are not…