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    <title>1972 (12) TMI 7 - MADRAS High Court</title>
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    <description>Constitutionality of a statutory penalty for non-payment of self-assessment tax was examined: the provision was found confiscatory because it deprives the owner of retained income, lacks relation to delay duration or wilfulness, and attracts liability automatically after thirty days, and consequently it was invalidated under the freedom to practise or carry on business guarantee. The provision was held not to violate equal protection principles because it serves as a deterrent, provides notice, opportunities for mitigation, and appellate remedies, and thus was within Parliament&#039;s legislative competence being supported by the residual entry read with the power to legislate on taxation.</description>
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    <pubDate>Wed, 06 Dec 1972 00:00:00 +0530</pubDate>
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      <title>1972 (12) TMI 7 - MADRAS High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=8719</link>
      <description>Constitutionality of a statutory penalty for non-payment of self-assessment tax was examined: the provision was found confiscatory because it deprives the owner of retained income, lacks relation to delay duration or wilfulness, and attracts liability automatically after thirty days, and consequently it was invalidated under the freedom to practise or carry on business guarantee. The provision was held not to violate equal protection principles because it serves as a deterrent, provides notice, opportunities for mitigation, and appellate remedies, and thus was within Parliament&#039;s legislative competence being supported by the residual entry read with the power to legislate on taxation.</description>
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      <pubDate>Wed, 06 Dec 1972 00:00:00 +0530</pubDate>
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