What is article 147 of the constitution?
Asked by: scraper | Last update: July 31, 2026Score: 0/5 (0 votes)
Because "Article 147" exists in various constitutions and legal codes, the most likely intended reference is to the Constitution of India or the United States Constitution.
What does Article 147 deal with?
Article 147 plays an important role in the judicial process by widening the scope of legal interpretation. It ensures that questions regarding the interpretation of the Constitution and important historical laws are treated comprehensively by the courts.
What are the conditions for section 147?
Explanation 2 to Section 147 enlists other conditions under which the section is applicable; which is when the income has been assessed but there has been under-assessment, the income has been assessed at too low a rate, excessive relief has been provided and/or excessive loss, depreciation allowance or any other ...
What is the Article 147 of the Constitution?
BRIEF EXPLANATION Article 147 clarifies that question of law include questions on interpretation of provisions of Government of India Act, 1935, Indian Independence Act, 1947 and any orders made under these Acts and orders of the Privy Council (The British Court).
How does Article 147 work in practice?
Article 147 establishes that, in any related-party transaction, the board must obtain an independent report evaluating: The conditions of the transaction. Its economic impact on the company. The reasonableness of the price and agreed terms.
Article-147 of Constitution says that Supreme judges have to obey British Court & Solutions - H142
What are the common reasons for issuing a 147 notice?
A notice under Section 147 of the Income-tax Act is the income tax reassessment trigger. Section 147 is the charging provision that authorises the Assessing Officer to reassess income for any assessment year where chargeable income has escaped assessment.
What is the punishment for Section 147?
Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
What are the key elements of Article 147?
Every officer who is guilty of willful inhumanity or oppression toward any prisoner under his care or in his custody, is punishable by fine not exceeding four thousand dollars ($4,000), and by removal from office.
How do you respond to notice under section 147?
Reply to notice under section 147 of Income Tax Act 1961
In case if notice does not have the reasons mentioned in it, then you can request the AO to send you the copy of recorded reasons. If you are satisfied with the reasons to believe as recorded by AO, file your income tax return as soon as possible.
What is the Offence under Section 147?
Section 147. Punishment for rioting. - Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both.
What is Form 147 used for?
The DE-147 form is used when a probate court appoints a personal representative of an estate in California, outlining the duties and legal liabilities to ensure proper management and administration of the estate's assets.
Is 147 bailable or not?
Whoever is guilty of rioting, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Punishment—Imprisonment for 2 years, or fine, or both—Cognizable—Bailable—Triable by any Magistrate—Non-compoundable.
What is the rule 147 exemption?
SEC Rule 147 is a "safe harbor" under the Securities Act of 1933. It exempts local companies from expensive federal SEC registration when raising capital, provided the offering is strictly intrastate.
Is a common object necessary for section 147?
For holding a person guilty for an offence under Section 147 I.P.C. it is to be shown that he was a member of an unlawful assembly and that unlawful assembly or any member thereof had used force or violence in pursuance of the common object of such assembly.
What is the punishment for BNS 147?
Description. Whoever wages war against the Government of India, or attempts to wage such war, or abets the waging of such war, shall be punished with death, or imprisonment for life and shall also be liable to fine.
What does Article 149 of the Constitution deal with?
Draft Article 125 (Article 149) was debated in the Constituent Assembly on 30 May 1949. It laid down the duties and powers of the Auditor-General. The debate began with an Assembly member moving an amendment to replace 'and of the government of any state' with 'the Government of any State or any other authority'.
What is the punishment for contravention section 147?
Provided that if an auditor has contravened such provisions knowingly or wilfully with the intention to deceive the company or its shareholders or creditors or tax authorities, he shall be punishable with imprisonment for a term which may extend to one year and with fine which shall not be less than one lakh rupees but ...
Who can compound offence under section 147?
Offences under the Act are compoundable between the parties (complainant and accused) with the permission of the court.
What is notice u s 147?
Section 147 operates under specific legal guidelines to ensure fairness in reassessment proceedings. Key provisions include: Reason to believe: The Assessing Officer must have valid reasons to believe that income has escaped assessment. This belief cannot be arbitrary and must be supported by evidence.
What is the difference between section 147 and 148?
Section 147 empowers the AO to reassess income if any part of it has escaped assessment. To initiate this, a notice is issued under Section 148, allowing the taxpayer to explain or file a return for the relevant year.
How do I reply to notices?
The reply starts with the mention of the basic details of the legal notice received - date, details of the entity on behalf of whom the legal notice was sent etc. It may also contain mention of claims of legal notice received as false, or something of similar nature.
What is the role of the assessing officer in section 147?
Under Section 147 the Assessing Officer can reassess or count income that has not been taxed for any assessment year.
What is the rule 147 holding period?
Under SEC Rule 147, the restricted holding period is six months from the date of the final sale by the issuer. During this period, you can immediately resell the securities, but only to other residents of the same state.
Is Section 147 bailable?
Anyone found guilty of Rioting may be sentenced to imprisonment of either sort for a term that may not exceed two years, a fine, or both under Section 147 of the Indian Penal Code. Section 147 is a Bailable, Cognizable, and Not-compoundable offence.
Does something being illegal make it a crime?
Not every illegal activity is a criminal activity, while, on the other hand, every activity that is deemed a criminal activity is always an illegal activity. For example, driving past the speed limit is an illegal activity, but it is not a criminal activity.