Just a moment...
Press 'Enter' to add multiple search terms. Rules for Better Search
Use comma for multiple locations.
---------------- For section wise search only -----------------
Accuracy Level ~ 90%
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
No Folders have been created
Are you sure you want to delete "My most important" ?
NOTE:
Press 'Enter' after typing page number.
Press 'Enter' after typing page number.
Don't have an account? Register Here
Press 'Enter' after typing page number.
Issues: Whether, for levy of assessment under section 3 of the Andhra Pradesh Non-Agricultural Lands Assessment Act, 1963, land is liable to be taxed as land used for industrial purpose only when it is actually in use for that purpose, or whether land merely meant to be used or set apart for such use is also covered.
Analysis: The charging provision makes assessment payable where the land "is used" for an industrial, commercial, or other non-agricultural purpose. The language focuses on present factual use. In a taxing statute, nothing can be added by implication, and where the wording is clear the court must confine itself to what is expressly enacted. The broader construction adopted by the High Court would read into the statute words that are not there and would dilute the strict approach required in tax legislation.
Conclusion: The word "used" in section 3 means actually used in praesenti. Land merely intended for future use or set apart for use is not liable to assessment at the industrial rate. The interpretation adopted by the High Court was ? no, we need neutral. The appellants succeeded, so conclusion in favour of assessee.