TAXATION LAW
INTERNAL ASSIGNMENT – II
Case Analysis: R.S. Joshi, STO, Gujarat & Ors. Vs. Ajit Mills Ltd & Anr.
Citation: AIR1977SC2279
Prof-in-charge: Prof Ashutosh Naik
By-
Swathi. A.P
III BBA LLB ‘A’
Roll No. 23
Symbiosis Law School
Ph: 7798627663
Name of the case:
R.S. Joshi, STO, Gujarat & Ors. Vs. Ajit Mills Ltd & Anr.
Citation:
AIR 1977 SC 2279: (1977) 4 SCC 98: 1977 SCC (Tax) 536
Decided On:
31.08.1977
Bench:
7 Judge Bench consisting of the following Justices of the Supreme Court of India:
Chief Justice M. Hameedullah Beg., Justice N. L. Untwalia, Justice P. N. Bhagwati, Justice P. S. Kailasam, Justice S. Murtaza Fazal Ali, Justice V. R.
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This leads to “inevitable bias being introduced into our political and legal cultures” (Dyzenhaus, Moreau, and Ripstein 544). Because these judges are coming from similar backgrounds, they share perspectives that consequently lead to the suppression of those whose interests are not “adequately recognized or supported by the dominant, mainstream ideologies” (Dyzenhaus, Moreau, and Ripstein 544). It is not hard to understand why some fear a Charter that is so hard to change is violating the principles of democracy. Judges, in no sense, are in the position of moral authority nor are they experts in areas typically concerned with by the government (Dyzenhaus, Moreau, and Ripstein 543). The judiciary is the epitome of contrasting notions when it comes to self-governing, the heart of democracy. Allowing unelected judges to overrule decisions of legislators is problematic for all of society and represents the abandonment of self-government (Dyzenhaus, Moreau, and Ripstein 541).
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The framers of the constitution were purposefully vague in the wording of many articles throughout the constitution. As a significant portion of the constitution’s framers were themselves lawyers, I believe this deliberate vagueness was an effort to prevent the spirit of the document from becoming lost in the semantics of verbatim analysis so often favored by barristers and politicians. This necessitates that we look at other works of the time to help us in interpreting the framers intent. To these ends constitutional scholars, the federal courts and laymen alike have relied heavily on the Federalist Papers for additional insight
Here, McHugh J suggests the basis of constitutional interpretation lies within the “natural meaning of its text, read in the light of its history.” This particular assertion also finds further support in Victoria v Commonwealth where the scope of “the external affairs power” was established via historical references regarding 19th century treaty execution in Australia. Taking such obiter’s into account, it appears the ‘Race Power’ encompasses a more beneficial role - yet, the literalist approach opposes such. Consisting of those who are hesitant to progress outside of the confines of the Constitution, as they believe it should be “interpreted…according to [the words] natural sense and in documentary context,” literalists struggle to comprehend the requirement of Historical reference in such vague sections like that of section 51 (xxvi). Here, the Engineers’ Case acts as further evidence of the High Court’s tendency to negate the use of theoretical analysis via the suggestion that
Clifford Company is a large corporation located at 896 Western Avenue, College Park, MD 201742. The company is interested in making a property distribution to its shareholders as dividends. Ms. Shire you have questions about how this would affect the company tax preparation and would like our recommendation on the best method available for the company.
First, the payment must be paid in connection with creating a business. Within the past year you have incurred several expenses in connection with starting the business: (1) $1,000 of your own money as a down payment on the truck; (2) a $49,000 loan for the truck; (3) $750 for the lemonade maker; and (4) $1,500 on lemons, sugar, and boba tea.
I have prepared the amended sales tax return to claim the tax paid on purchase of boxes in the past there years. The total taxes paid on the purchase of boxes from November 2013 through June 2016 were $42,178.84. The expected tax refund from amended sales tax return for the period is $6,896.00.
Reduction in the fares will result in a reduction in the revenue derived from the sale of the tickets. However, a reduction in the fares leads to an increase in demand thus selling many tickets. The quantity effect is the additional revenue derived from the increased sale of tickets due to the lower price (Raciborski, & Weil, 2014).On the other hand, price effect is as a result of the loss in revenue on the sale of the tickets. The highest downloads is 15. This is the highest quantity that can be sold. Bob would, therefore, charge $0. The highest revenue is $24. In this case, Bill would charge $4 and the number of downloads would be 6. At the profit maximization point, the marginal cost must be less than the marginal revenue (Mankiw, 2014). The marginal cost is $4. In this case, Ben would charge $6 since the marginal revenue is $5 which is greater than the marginal revenue of $4. He would, therefore, sell 3 downloads. A price that is equivalent to the marginal cost is the efficient price. Brad would, therefore, charge $4 which is equivalent to the marginal cost. Brad would sell 6 downloads. The monopolist should charge a price of 0.80 which is equivalent to the production of 5,000 kWh. The above triangle represents the deadweight loss.
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