things being changed that have to be changed, from the ablative plurals of, respectively, the pp. Informalmente el término debe entenderse de manera análoga haciendo los cambios⦠⦠The judgment of the High Court in each of these cases is set aside. Consequently any exemption granted under section 6 and section 7 of the Principal Act will also be applicable in the case of levy of additional tax under the Act. Unless he is a casual dealer as defined in section 2(bb) of the Principal Act who is liable to pay tax irrespective of his gross turnover as provided in section 4- A of the Principal Act, every dealer would become liable to pay tax under the Principal Act only wh n his gross turnover exceeds Rs. The Act only levied some extra sales tax in addition to what had been levied by the Principal Act. An antonym for mutatis mutandis is ceteris paribus. 50,000 stipulated in section 4 (1) of the Principal Act, then irrespective of his annual gross turnover every person who carries on the business of purchasing, selling, supplying or distributing goods directly or otherwise would become liable to pay additional tax even though he may not be liable to pay any tax under the Principal Act. This position continued up to the corning into force of the Amending Act on April 1 1979 by which sections 2 and 3 of the Act were substituted by new sections 2 and 3. ne exeat: Let him not exit [the republic] Section 3, however, altered the pattern of levy of additional sales tax from what it was when the Act was passed in 1975. They were also silent on the class of dealers who were liable to pay additional tax. Mishra, D.P. Definition of mutatis mutandis* in the Definitions.net dictionary. Ashok Service Centre & Another Etc vs State Of Orissa on 18 February, 1983, Equivalent citations: 1983 AIR 394, 1983 SCR (2) 363. II), the expression 'mutatis mutandis' in defined as ' (T)he necessary changes. The phrase can also mean âhaving substituted new terms.â. On such of registration he becomes a registered dealer. Now by reason of section 3 (2) of the Act, section 8 has been made also applicable to the levy, assessment and collection of the additional tax under the Act. 1968) defines 'mutatis mutandis' as 'with the necessary changes in point of detail, meaning that matters or things are generally the same, but to be altered when necessary as to names, offices, and the like. The orissa Sates Tax Act, 1947 (orissa Act XIV of 1947) (hereinafter referred to as the Principal Act') was enacted and brought into force in the year 1947. There are corresponding provisions made in section 9-C of the Principal Act for provisional registration of certain other kinds of dealers Section IO of the Principal Act provides for the publication of the list of registered dealers Any other dealer cannot collect tax from his customers. That, mutatis mutandis, is the happy future that might await a Tory-Ukip alliance. The opposite for this is the phrase 'mutatis mutandis', which states changing some factors that need to be changed. In order to understand the contentions of the parties it is necessary to give briefly the legislative history of the sales tax law of the State of orissa and to refer to some of its salient points. A number of writ petitions were filed before the High Court of Orissa raising a number of contentions including some relating to the constitution- ality of the amended Act. mutatis mutandis, Marathi translation of mutatis mutandis, Marathi meaning of mutatis mutandis, what is mutatis mutandis in Marathi dictionary, mutatis mutandis related Marathi | मराठॠwords Толковый словарь иностранных слов Л. П. Крысина. The turnover in respect of goods whose sales or purchases are not taxable under the Principal Act in the hands of any dealer by reason of section 8 of the Principal Act is not liable to the payment of additional sales tax under the Act. We are aware of the principal that a statute has to be interpreted according to the words used therein and if the word used therein are clear it is not open to the Court to go in search of the intention of the Legislature and to arrive at a meaning different from what the words of the statute convey. If he is not registered as a dealer on account of his annual gross turnover being less than the prescribed minimum, he would not be able to collect the additional tax in view of section 9-B of the Principal Act which says that no person other than a registered dealer shall realise any amount by way of tax under the provisions of the Principal Act. The caution is that the reader must adapt the example to change what is needed for it to apply to the new situation. 77. Jain and Pramod Dayal, for the Appearing Appellants. Section 3 (2) of the Act which makes the provisions of the principal Act mutatis mutandis applicable to the levy of additional tax is a part of the charging provision of the Act and it does not say that only those provisions of the Principal Act which relate to assessment and collection of tax will be applicable to the proceedings under the Act. Section 9-A of the Principal Act, however, provides for voluntary registration of a dealer whose annual gross turnover exceeds Rs 10,000 even though he is not liable to pay tax under section 4 of that Act and every such dealer on such registration is entitled to collect tax under that Act and to pay it to Government as long as such registration remains in force. It had to be read together with the Principal Act to be effective. There are other provisions in the Principal Act providing for the machinery for assessment and recovery of the tax due under it. 2. 2010 ⦠mutatis mutandis, Hindi translation of mutatis mutandis, Hindi meaning of mutatis mutandis, what is mutatis mutandis in Hindi dictionary, mutatis mutandis related Hindi | हिनà¥à¤¦à¥ words Section 8 of the Principal Act which begins with a non-obstante clause is given an over-riding effect over the rest of the provisions of the Principal Act and the proviso found in it also naturally has a similar over-riding effect. Nariman, CSS Rao, Pramod Swarup, R.B. Section 9-B (l) (a) of the Principal Act lays down That no person who is not a registered dealer shall collect in respect of any sale by him any amount by way of tax under the Principal Act and a registered dealer can collect such tax only in accordance with the said Act and Rules made thereunder. Received the assent of the President on the 16th September 2002 and first published in Part IV-Section 2 of the Tamil Nadu ... the provisions of Part III of the said Act shall mutatis mutandis apply to ... of any of the provisions of this Act or the rules made thereunder shall be deemed to be public servants within the meaning ⦠Mutatis mutandis is a Latin phrase meaning "by changing those things which need to be changed" or more simply "the necessary changes having been made".. We do not find any merit in this submission, since the words 'this Act' were used in section 8 because when the Principal Act was enacted section 8 could apply only to the liability under the Principal Act. Find more opposite words at wordhippo.com! In the absence of any such words in the Act, by reason of section 3 (2) of the Act, we have to construe that section 8 of the Principal Act which is given an overriding effect by the use of the non- obstante clause is applicable to the levy of additional tax also. Such additional tax levied under the Act could not be passed on to consumers. The nature of the taxes levied under the Act and under the Principal Act was the same and the Legislature expressly made the provisions of the Principal Act mutatis mutandis applicable to the levy under the Act. If a dealer is exempted by the State Government under the second proviso to section 3(1) of the Act he is also not liable to pay the additional tax under the Act. Words and expressions used but not defined in these Rules shall have the meaning, if any, ascribed to them in anyApplicable Law. The stand of the State Government was that every dealer was liable to pay additional tax on his annual gross turnover irrespective of its taxability under the Principal Act. In the circumstances the conclusion reached by the High Court that the two Acts were independent of each other was wrong. Therefore, the properties acquired by Defendant No. The levy of the additional tax on the gross turnover of a dealer under section 3 of the Act is subject to these conclusions. Human translations with examples: MyMemory, World's Largest Translation Memory. Learn more. The assumption made by the High Court that the Act was an independent Act having nothing to do with the Principal Act is not correct. If the turnover of a dealer relating to any sales or purchases of goods is exempted under section 6 of the principal Act, such turnover cannot be subjected to any levy of additional tax under the Act by virtue of section 3 (2) of the Act. 410/79 dated March 23, 1979 issued under the second proviso to section 3 (1) of the Act exempting the turnover relating to goods whose turnover is exempted from payment of tax under section 6 of the Principal Act from payment of additional tax under the Act is, therefore, redundant. Mutatis Mutandis â With the necessary changes having been made, or with the respective differences having been considered. The question of establishment raised mutatis mutandis other causes dear to radical hearts. Extension of an 'earlier Act mutatis mutandis to a later Act brings in the idea of adaptation, but so far only as it is necessary for the purpose, making a change without altering the essential nature of the thing changed, subject of course to express provisions made in the later Act. ), nach Veränderung des zu Verändernden … Pierer's Universal-Lexikon, Mutātis mutándis — (lat., abgekürzt mut. 5484, Development, ... have the meanings assigned to them in the Act. Nemo debet bis vexari pro una et eadem causa â It means no man shall be punished twice for the same offence. It remains unnaturalized in English and is therefore usually italicized in writing. In the result the appeals succeed. Tamil Word: English Word: Mutatis mutandis: Category: தமிழ௠à®
à®à®°à®¾à®¤à®¿ (TAMIL-ENGLISH Dictionary) Meaning: adv. and gerundive of mutare to change (see MUTABLE (Cf. It is urged on behalf of the appellants before us depending upon section 3 (2) of the Act that wherever there is no express provision to the contrary in the Act, the provisions of the Principal Act including those relating to incidence and levy of tax should apply to the additional tax also. What the words 'wider application of first point levy' mean is not very clear the words 'first point levy' is no doubt a single point levy. The provisions of the Act set out above could have very well been incorporated in the Principal Act itself by the introduction of sections 2 and 3 set out above in the Principal Act. 76. if any, received and receivable b, a dealer in respect of sale or supply of goods other than those declared under section 3-B of the Principal Act and 'turnover of purchases' is defined in section 2 (j) of the Principal Act as the aggregate of the amounts of purchase prices paid and payable by a dealer in respect of the purchase or supply of goods or classes of goods declared under section 3-B of the Principal Act. Bhandari, F.S. 1408- 16, 2650-67, 2498-2524, 2640-47, 1874-79, 2127-38 and 3255 of 1982. Contextual translation of "mutatis mutanda" into English. Whether son and grandson have right in property which father got in partition? Before considering what provisions of the Principal Act should be read as part of the Act, we have to understand the meaning of the expression 'mutatis mutandis'. mut. Legal definition of dehors: out of (as an agreement, record, or will) : foreign to. The phrase carries the connotation that the reader should pay attention to differences between the current statement and a previous one, although they are analogous. The Bill seeks to achieve the above objective." Even though the language of section 8 of the Principal Act by itself was sufficient to prevent a multi-point levy and to prescribe a single point levy in order to emphasis the principle of single point levy of tax, section 4 (1) of the Principal Act was expressly made subject to section 8. The usual complaint against some of tho modern fiscal statutes is that they are unduly long and therefore complex. Interpretation-mutatis mutandis-Meaning of-Words fn an Act are clear-If open to court to go fn search of the intention of the Legislature-Later of two Acts provides that the two are to be read- together-Whether every part of each Act must be construed as if the two Acts had been one. Sub-sections (2) to (5) of section 4 of the Principal Act deal with the point of time at which such dealer would become liable to pay tax, the period during which he would remain liable to pay the tax and the time at which he would cease to be liable to pay tax after his annual gross turnover has failed to exceed Rs. Section 9 of the Principal Act imposes the obligation on every dealer who is liable to pay tax under section 4 of that Act to register himself and to obtain a registration certificate. Whether document can be challenged after it is exhibited? Any other turnover which is exempted by the State Government under the second proviso to section 3 (1) of the Act is also not taxable under the Act. oder m. m.), »nach Veränderung des zu Verändernden«, d.h. mit oder nach den erforderlichen Abänderungen … Meyers Großes Konversations-Lexikon, Mutatis mutándis — Mutātis mutándis (lat. : The directrix is used in the construction, which follows, mutatis mutandis, the same course as the above construction in the case of the ellipse. thing changed, subject of course to express provisions made in the later Act. Houseman v. Waterhouse, 191 App. ... hours of establishments other than shops.âThe provisions of rule 3 shall mutatis mutandis apply to an inquiry to ⦠Continuing to use this site, you agree with this. We are of the view that it is necessary to read and to construe the two Acts together as if the two Acts are one, and while doing so to give effect to the provision, of the Act which is a later one in preference to the provisions of the Principal Act wherever the Act has manifested an intention to modify the Principal Act. The only point for determination in these'appeals by special leave is whether the levy of additional tax under the Orissa Additional Sales Tax Act, 1975 (Orissa Act 24 of 1975) (hereinafter referred to as 'the Act') as amended by the orissa Additional Sales Tax (Amendment) Act, 1979 (hereinafter referred to as 'the Amending Act') is a single point levy or a multi point levy. (lat.) 61 examples: And it is easy to see the same point being made mutatis mutandis for all evil⦠THE TAMIL NADU SHOPS AND ESTABLISHMENTS RULES, 1948 (G.O. Thanks for using this online dictionary, we have been helping millions of people improve their use of the TAMIL language with its free online services. When negligence of advocate amounts to negligence of litigant? Desai, Talat Ansarl, Ashok Sagar, Sandeep Thakore, Ms. Rainu Walia, D.N. Practical Law Dictionary. F The contents of the above Statement of objects and Reasons chow the concern of the mover of the Bill regarding the likely increase in the burden on the consumers by reason of the probable escalation in the prices of Bonds as a result of the new levy. For example, in proposals all other sections of the Bankruptcy and Insolvency Act, over and above the section on proposals, applies to proposals, mutatis mutandis. www.practicallaw.com. Tamil meaning of Mutatis Mutandia is as below... Mutatis Mutandia : வà¯à®£à¯à®à®¿à®¯ மாறà¯à®¤à®²à¯à®à®³à¯à®à®©à¯. mutatis mutandis — ● mutatis mutandis locution adverbiale (mots latins signifiant en changeant ce qui doit être changé) En faisant les changements nécessaires, toutes choses égales d ailleurs. The prohibition of the passing of the additional, tax which existed formerly was removed. There is also no reference in the judgment of the High Court to section 8 of the Principal Act. Examples of mutatis mutandis in a sentence, how to use it. The additional tax thus levied being only an enhancement of the tax payable under the Principal Act by a specified percentage, it did not affect the general scheme of the Principal Act including the principle of single point levy contained in section 8 of the Principal Act. Mutatis mutandis is a Medieval Latin phrase meaning "with things changed that should be changed" or "having changed what needs to be changed" or "once the necessary changes have been made". 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