Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Liquor: National Highways and State Highways - Drink and drive accidents |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Case Disposed Off |
Headnote | National Highways and State Highways - Drink anddrive accidents - I.A. seeking clarification of order dated 11 July2017 - By order dated 11. July 2017, this Court had madeobservation that the purpose of the direction contained in orderdated 15 December 2016 was to deal with the sale of liquor alongand in proximity of highways which provide connectivity betweencities. towns and villages - The order did not prohibit /licencedestablishments within municipal areas - It further noted that thesaid obsen1ation would govern other municipal areas as well - Held:The observation in order dated 11 July 2017 make it clear that thepurport of judgment dated 15 December 2016 is to prohibitcollectively between cities. towns and villages - In other words,this will operate to prohibit licenced establishments within.municipal areas - The clarification to the effect that it "shall governother municipal areas as well" is clearly intended to set the matterat rest in relation to other parts of the country so .as to obviate theneed for repeated applications before this court - The expression"other municipal areas" will apply to all municipal areas whereversituated - Interlocutory applications accordingly disposed of.597/613Wealth Tax Act. 1957 - ss. 7 and 16-A - Valuation of asset -Method of valuation - Assesses-appellants were partners in a firm- One of the assets of the partnership firm was a Cinema building - CAssessing officer made a reference u/s. J6A to the DepartmentValuation Officer for valuation of Cinema. building - On the basisthereof. Assessing officer assessed the Cinema building adoptingthe land and building method - Appellate Authority affirmed theassessment made by Assessing Officer - Income Tax AppellateTribunal (!TAT) accepted the case of the assesses that the proper ·Dbasis for valuing the Cinema building .was income capitalizationmethod - Revenue filed reference application - High Court onreference answered the questions against .the assesses holding thatWealth Tax Officer was justified in adopting the land and buildingmethod - Plea of assesses before Supreme Court that. 7(2)(a) is a Enon obstinate clause prescribing the income capitalization methodfor assessing value of the assets of a running business and thus isto be applied in all cases where assesses is carrying a business- Held: Wealth Tax Officer is not obliged to mandatory/y adopt themethod provided in s. 7(2)(a) ·in all cases where assesses is carrying011 a business - s. 7(2}(a) is an enabling provision and resort to it is discretionary - Such enabling power cannot be held as obligation· or shackles on the right of Assessing Officer to adopt an appropriatemethod - No error found in the order of Assessing Officer inadopting the land and building method by making a reference toDepartmental Valuer to value the property on the said method - -High Court did not err in interfering with the order of TAT.Interpretation of Statutes - Taxing Statutes - Plea of assessesthat !f there are· more than methods of valuation of an asset. .thenthe method under which valuation is in favour of assesses must beadopted - Held: Not tenable - In the instant case. the provisions of s. 7 are neither ambiguous nor lead to two constructions - WealthTax Act, 1957 - s.7. |
Judge | N/A |
Neutral Citation | 2016 INSC 1143 |
Petitioner | The State Of Tamil Nadu Rep. By Sec. & Ors. |
Respondent | K. Balu & Anr. |
SCR | [2017] 14 S.C.R. 614 |
Judgement Date | 2017-11-13 |
Case Number | 12164-12166 |
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