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Case Law Details

Case Name : Humayun Suleman Merchant Vs CCIT (Bombay High Court)
Appeal Number : IT Appeal No-545/2002
Date of Judgement/Order : 18/08/2016
Related Assessment Year :
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Brief of the case:

  • The Hon’ble Bombay HC in the above stated case held that when the wordings of law are quite clear then law should be applied in its letter and no space could be made for logical or beneficial or constructive interpretation.
  • Therefore, when the section 54F(4) clearly set a condition for claiming the exemption , the non-compliance would lead to denial of exemption , section being very clear here provide no room for beneficial or constructive interpretation.

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One Comment

  1. Jeevanbhate says:

    This is the question regarding demonitaaze of 500. and 1000 notes
    Now Govt is thinking to Charge 50% of unaccounted cash on it and penalty if any leviable with lock in
    Period for that 4 years and so on
    Point is that VDI scheme which was ended in sept 2016
    Gas was 30%pus 3% of surcharge and in addioion to that
    15% including interest and penalty was levied
    On black money declared
    In the same year if black money found or declared?
    How the rate of Tax and penalty can be different one
    Financial year relevant tomA.Y.2017-2018 I R.E.M. reed when before 20 years when VDI declared rate of
    Tax was 30% and those who paying tax regular assessed were tax for the 40% The HON SUPREME COURT
    Objected to it but ask The Govt not to bring VDS in future
    At least 20 years in future hiilight on this issue on so called amendment in Act going to be proposed in future

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