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Case Laws
Showing 101 to 120 of 223 Records
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1989 (11) TMI 149 - HIGH COURT BOMBAY
Prosecution ... ... ... ... ..... d the Criminal Cases Nos. 12/S/1981,15/S/1981,17/S/1981 and............. ................................................ in the Court of Additional Chief Metropolitan Magistrate, 38th Court, Ballard Pier, Bombay, are hereby quashed. Bail bonds of each of the accused in each of the above Criminal Cases are cancelled. Sureties discharged. Similarly, all the prosecutions under Criminal Cases Nos. 4/S/1983, 5/S/1983, 6/S/1983, 7/S/1983 and 8/S/1983, which are all pending in the Court of the Additional Chief Metropolitan Magistrate, 38th Court, Ballard Pier, Bombay, are also quashed. Similarly, Sessions Case No. 446 of 1982 pending in the Court of Sessions for Greater Bombay is also quashed. Bail bonds of each of the accused in these cases are also cancelled. Sureties discharged. At the request of Mr. Jaisinghani, the operation of my order with regard to cancellation of bail and discharge of the sureties in each of the above cases is stayed for a period of eight weeks from today.
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1989 (11) TMI 148 - CEGAT BOMBAY
Excess production rebate on sugar ... ... ... ... ..... of the case, does not suffer from any legal infirmity requiring to be set aside. Though in this case, production during the preceding three sugar years is nil and the entire production during May-September, 1982 is to be taken excess production, the notification is common to all the cases including those cases where there has been nil production during the corresponding period of the preceding three sugar years. If the view urged by Shri Mondal is to be taken, then in the case where there had been production in the preceding three sugar years, the crucial date will be 1-10-1982, and in the case where there had been no production during the preceding three sugar years, the crucial date has to be taken as the date of payment of duty. We are not inclined to take such a view of two different crucial dates. On this ground also the order of the Collector (Appeals) is sustainable and we therefore dismiss the appeal filed by the appellant with consequential relief to the respondents.
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1989 (11) TMI 147 - CEGAT, NEW DELHI
Manufacturer ... ... ... ... ..... ification list about their producing the steam could not have lead the C.E. authorities to find out about the actual position, then also, the appellant company cannot be alleged to have intentionally suppressed this fact. The question of fraud does not arise because in the circumstances, it cannot be said that the appellant company suppressed the fact about their manufacture of steam and willfully and debatably evaded payment of duty. 11. L.A., Shri Lakshmi Kumaran has produced several citations on the point, but we do not think the circumstances here require any citation to support the view that we are taking that there is no suppression or fraud on the part of the appellant company and there was no justification for invoking larger period of limitation. 12. In the light of above discussion, the impugned order requires to be set aside. So, we pass the following order The appeal is allowed and the impugned order is set aside with consequential relief to the appellant, if any.
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1989 (11) TMI 146 - CEGAT, NEW DELHI
Classification ... ... ... ... ..... Nylo Self Locking Nuts had additional function of locking, but that this function is in addition to the function as fastener, but that essentially the product was nothing but a nut. We find on consideration on submissions made before us and on perusal of the functional utility of the Pin-ITM in question that argument similar to that of respondents herein did not find favour before the Bombay High Court, and in the present case also, even as per the understanding of the respondents, as evident from their correspondence with M/s. Telco referred to above, the essential function of the pin is that of a fastener although in addition to that it may have a function as a timer, and, in this view of this matter, we find a lot of force in submissions of learned Senior Departmental Representative and the case law cited and the Departments appeal is well-founded, and accordingly impugned order of Collector of Central Excise (Appeals), Bombay is set aside, and Departments Appeal allowed.
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1989 (11) TMI 145 - CEGAT, NEW DELHI
Classification ... ... ... ... ..... closed. From the copy of the Chief Chemist rsquo s test report produced before us, it is seen that Part I, Part II, Part III and Part IV of the original sample and Part I and Part II of the counter sample show that the percentage of wool was less than 50 . In other words, in 6 out of 9 parts tested the woollen content was less than 50 . The same result is obtained if all the 9 parts are taken together and an average is worked out. In the circumstances, we are not convinced by the Learned Counsel rsquo s argument that the percentage of wool was more than 50 and the material be treated as wool waste. 23. Since the majority of the parts tested show the content as less than 50 and the average of all the parts of (sample and counter sample taken together) also comes to less than 50 , therefore, we are inclined to accept the DR rsquo s plea. 24. In the above circumstances, we are not inclined to interfere with the orders of the lower authorities. The appeal is accordingly rejected.
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1989 (11) TMI 144 - CEGAT, NEW DELHI
Classification ... ... ... ... ..... be classified under more than one Tariff heading, the specific description should be preferred to the general description. This principle embodies a cardinal canon of interpretation and has been upheld by various decisions of the Tribunal (among them being the decisions reported in 1987 (13) E.C.R. 137 and Collector v. Fertilizers and Chemicals Travancore Ltd. - 1986 (24) E.L.T. 388 and by the Madras High Court in the decision reported in 1988 (33) E.L.T. 22. In this case, the goods fall under the more specific description in Tariff Heading 49.03 which covers - children rsquo s picture, drawing or colouring books . The imported picture books are clearly compiled for the interest and amusement of children and for guidance in their first steps of primary education and the pictures form the principal interest and are not subsidiary to the text. 20. The goods imported are correctly classifiable under Heading 49.03 of the Customs Tariff. 21. In the result, the appeals are allowed.
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1989 (11) TMI 143 - CEGAT, NEW DELHI
Hair oil when Ayurvedic Medicines ... ... ... ... ..... and Sidha) in the Ministry of Health and Welfare (Government of India). According to L.A., Shri Joshi, products of the appellants are also similar to the product Ramtirtha Brahmi Oil and these products also fulfill all the five conditions which are stated in this opinion. So, according to L.A., Shri Joshi, the appellants have prayed, by the misc. application No. 361/89-C, that their product be also classified as lsquo ayurvedic rsquo medicine under C.E.T. 1985 and that the Tribunal may pass order to that effect. But the classification list is still pending for approval before the Assistant Collector and admittedly he has not taken any decision on the same. So, it will be premature for us to express any opinion on this issue and unless the matter is finalised by the lower authorities, we are afraid it is legally not permissible for us to express any opinion on correct classification under the C.E.T. 1985. For the reasons, stated above, we have passed the order as stated above.
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1989 (11) TMI 142 - CEGAT, NEW DELHI
Classification ... ... ... ... ..... le to the fluids. In other words, the pigment particle which are surrounded by air gets wetted by the vehicle replacing the air by shearing action through dispersion mills. Unless the solids are properly dispersed into the fluids the mixture would not acquire the characteristics of printing inks rdquo . Therefore with a mechanical function designed for printing ink, it should be taken as having individual function. As for the plea that grinding will not amount to manufacture, the citations for and against, relate to the different types of processes and circumstances which should be read in the context of each case. All that is required is whether the machine which is meant for grinding printing ink would be for the production of a commodity. The machine is meant for the production of printing ink, and therefore liable for classification under 84.59 (2). 8. In view of the foregoing observations, the appeal in both the appeals succeeds, and is allowed with consequential relief.
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1989 (11) TMI 135 - CEGAT, NEW DELHI
Stay - Pre-deposit of duty and penalty ... ... ... ... ..... he totality of facts and circumstances no directions to the Collector regarding encashment of Bank Guarantee or otherwise was called for at this stage. In the absence of sufficient cause, therefore, we reject the request for directions to the Principal Collector regarding Bank Guarantee. We, however, leave the matter open to the Collector rsquo s discretion regarding deferment or encashment of the Bank Guarantee. In case, however, the Collector chooses to encash the Bank Guarantee the pre-deposit of the duty and penalty shall stand waived without any condition. But if the Collector in his discretion chooses not to encash the guarantee at this stage he would take steps to ensure that the guarantee is kept alive during the pendency of the appeal and the appellants may note that this stay order will be subject to their keeping the guarantee alive in case the Collector chooses to defer the encashment as aforesaid. With these observations and orders the application is disposed of.
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1989 (11) TMI 134 - CEGAT, BOMBAY
MODVAT Credit ... ... ... ... ..... the department is entitled to make verification or investigation with regard to the genuineness of the gate pass and also on the question whether gate pass has been utilised for availment of modvat credit at the earliest stages. In this case, no such enquiry appears to have been conducted and the modvat credit has been denied only on the ground that more than that of permitted endorsements have been made in the gate passes. Such an order cannot be sustainable in the context of the scheme of modvat credit read along with the relaxation made by the Board. We, therefore, set aside the order passed by the authorities below and permit availment of credit. While doing so, we allow the liberty to the Assistant Collector to cause any inquiry or investigation to satisfy himself about the genuine nature of the gate passes and also about non-utilisation of the gate passes at the earlier stages of endorsements for availment of modvat credit. The appeal is disposed of in the above terms.
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1989 (11) TMI 131 - SUPREME COURT
Whether the Tribunal was was right that Rule 56A and Notification No. 201/79 were different enactments and the amendment to one could not be read into the other?
Held that:- In the present case, the excisable goods, namely, polyester fibre were not wholly exempt from duty nor chargeable to nil rate of duty. It cannot be read in the notification that the notification would not be available in case non-excisable goods arise during the course of manufacture. In fact, the Tribunal seems to have erred in not bearing in mind that exemption notification was pressed in service in respect of polyester fibre which is excisable goods and not in respect of methanol which arises as a by-product as a part and parcel of chemical reaction. It appears further on a comparison of the Rule 56A and the Notifn. No. 201/79 that these deal with the identical situation. The Tribunal, therefore, should have taken into consideration the trade notice for interpretation of exemption Notifn. No. 201/79, which was para materia with Rule 56A. Appeal allowed as the Tribunal was in error in coming to the conclusion it did
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1989 (11) TMI 127 - ITAT PUNE
... ...
... ... ..... does not survive and is rejected. 23. As regard ground No. 5, the IAC has made addition of Rs. 2,03,229. The CIT(A) reduced it to Rs. 66,363. Item No. 1 is Rs. 1,84,999.96 The CIT (A) has directed that it should be allowed in asst. yr. 1984-85. The CIT(A) has not allowed this item for asst. yr. 1985-86 with which we are concerned. Consequently the department could not have any grievance on that score. It was agreed by the learned departmental representative that only two small items-Rs. 2850 and 2977-remained to be considered. Since these are very small items, it is not necessary to interfere in the order of the CIT(A). Consequently, ground No. 5 is liable to be rejected. 24. As regards ground No. 6, it does not arise out of the order for asst. yr. 1985-86 and as such it is liable to be rejected. 25. The assessee rsquo s appeals for asst. yrs. 1983-84 and 1984-85 are dismissed, while appeal for 1985-86 is partly allowed. Departmental appeal for asst. yr. 1985-86 is dismissed.
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1989 (11) TMI 124 - ITAT PUNE
Bona Fide, Interest Income, Mercantile System ... ... ... ... ..... 23. As regards ground No. 5, the IAC has made addition of Rs. 2,03,229. The CIT(A) reduced it to Rs. 66,363 (see departmental paper book). Item No. 1 is Rs. 1,84,999.96. The CIT(A) has directed that it should be allowed in asst. yr. 1984-85. The CIT(A) has not allowed this item for asst. yr. 1985-86 with which we are concerned. Consequently the department could not have any grievance on that score. It was agreed by the learned departmental representative that only two small items - Rs. 2850 and Rs. 2977 - remained to be considered. Since these are very small items, it is not necessary to interfere in the order of the CIT(A). Consequently, ground No. 5 is liable to be rejected. 24. As regards ground No. 6, it does not arise out of the order for asst. yr. 1985-86 and as such it is liable to be rejected. 25. The assessee s appeals for asst. yrs. 1983-84 and 1984-85 are dismissed, while appeal for 1985-86 is partly allowed. Departmental appeal for asst. year 1985-86 is dismissed
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1989 (11) TMI 121 - ITAT NAGPUR
Advance Tax, Equity Shares, In Part, Partnership Firm ... ... ... ... ..... ce confusing phraseology of Explanation II(ii)(e) to rule 1D notwithstanding, the Bombay High Court held that the provision for taxation actually made in the books of account in accordance with the tax payable on the book profits will have to be treated in its entirety as a liability, without reducing it by the amount of advance tax paid. Rule 2E, on the contrary, is singularly free from the obtuseness that characterises Explanation II(ii)(e) to rule 1D, and the clear provisions of the former do not contain anything to suggest even remotely that the provision for taxation actually made ( gross provision in the words of the lower authorities) must be reduced by the amount of advance tax paid. Hence, the ratio of the Bombay decision is applicable with equal if not greater force to the cases before us. 76. In view of the foregoing, therefore, we allow the assessees appeals on this issue. 77. In the result, the appeals under consideration are allowed to the extent indicated above
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1989 (11) TMI 119 - ITAT MADRAS-D
Assessment Year, In Part, Income From Property, Religious Trust ... ... ... ... ..... ment or deposit because it was given for the purpose of the Srinivasa Trust and not for the purpose of the assessee. 8. The last item is an amount of Rs. 73,894 outstanding against Kumudam Publications Private Ltd. in the list of loans and advances. The very heading makes it clear that this was only a loan and not a deposit. The assessee was a distributor for the magazines published by Kumudam Publications Pvt. Ltd. and in the course of that business this amount became due to the assessee and was outstanding. It is clear that this amount is also only a debt owed and not a deposit or investment by the assessee. We are therefore satisfied that none of these items could be regarded as an investment or deposit offending the provisions of section 13(1)(d) so as to deny the exemption under section 11 to the assessee. We therefore set aside the orders of the authorities below and direct the ITO to grant exemption under section 11 and reframe the assessment. 9. The appeal is allowed.
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1989 (11) TMI 117 - ITAT MADRAS-C
... ...
... ... ..... ith the mundance subject of the status of the assessee for the purpose of the IT assessment. For this purpose we have to look to facts as they exist and emerge from the record and not to what they may or may not be in future. As things are at present in the instant case, there can in our view be hardly any doubt that the assessee is an individual and not a family . In this case also since the assessee remains single and since there is no other coparcener or other family member who has either right of maintenance or any other right on the family properties and since the assessee remained as a sole surviving coparcener with absolute rights of disposition, he should be assessed only in the status of an individual. In the facts and circumstances the present position of the assessee is similar to the assessee considered in 97 ITR 493 (SC). We, therefore, reverse the decision of the AAC and restore that of the ITO for the two asst. yrs. 1982-83 and 1983-84. The appeals are allowed.
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1989 (11) TMI 116 - ITAT MADRAS-C
... ...
... ... ..... t this is not the stage where the value of the gift can be determined. Since we found that none of the lower authorities applied s. 6(2) to the gift in question and determined the value of such gift by applying r. 11 of the GT Rules, we feel that this aspect of the matter should be left to be done by the GTO and the assessee may canvass the present argument that the gift has no value and on that ground the computation of gift-tax is not tenable may be made before the GTO. 5. In view of the above we set aside the orders of the GTO as well as that of the Commissioner(A) and we direct that the matter should go back to the GTO who has to apply the provisions of s. 6(2) of the GT Act to the gift in question and try to find out its value by applying the provisions of r. 11 of the GT Rules allowing the assessee to raise all contentions relating to the value of the gift and decide the question according to law. Therefore, the appeal of the Revenue is allowed for statistical purposes.
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1989 (11) TMI 113 - ITAT MADRAS-C
Deemed Gift, Deemed Gift, Registered Firm, Registered Firm ... ... ... ... ..... ered a similar issue in CGT v. C. S. Patil 1989 180 ITR 97/46 Taxman 199 and held that reduction in shares of erstwhile partners in allotment of shares to new partners in the course of reconstitution of the firm will not give rise to taxable gift if the new partners contributed capital to the firm. Such contribution of capital amounted to adequate consideration. It was the goodwill of the firm itself which attracted new capital and therefore, capital contributed by the new partner constituted adequate consideration not only in respect of the right to share future profits but also in respect of the property in the goodwill. In Addl. CGT v. A.A. Annamalai Nadar 1978 113 ITR 574 the Madras High Court held that when there was capital contribution by the new partners inducted into the partnership firm, there was no element of gift. 6. We consider that the assessment to gift-tax is not justified in the facts and circumstances of the case. The same is annulled. The appeal is allowed
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1989 (11) TMI 111 - ITAT MADRAS-A
Assessment Year, Corrosive Chemicals ... ... ... ... ..... tool of his trade with which he carries on his business. The manufactures Acetic Acid and all the electrical installations formed part of the apparatus used for carrying on the business of such manufacture. The functional test as well as the final test are fully satisfied and the electrical installations in the present case are part of the plant of the assessee which manufactures Acetic Acid. This plant comes in contact with acetic acid fumes and, therefore, is clearly plant which comes into contact with corrosive chemicals. Therefore, the electrical items comprising the aforesaid plant are entitled to a special rate of 15 . Since it comes under the special rate of 15 , it falls outside the items of machinery referred to in the Explanation which includes electrical machinery to which only the general rate of 10 applies. Therefore, we are in agreement with the C.I.T.(A) that the assessee is entitled to depreciation at 15 . The appeal of the Department is accordingly dismissed.
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1989 (11) TMI 110 - ITAT MADRAS-A
Capital Gains, Computing Value, Valuation Date ... ... ... ... ..... d on the total sale consideration of Rs. 5,50,000. 9. The aforesaid was the sale consideration of 1 acre 10 cents including a building. The balance left with the assessee was only 72 cents. For the balance of 72 cents, i.e., 38 cents lesser than the area sold, the value placed in the partition deed is about the same figure, the value shown being Rs. 5,48,000. Therefore, we can assume that the value of the building included in the sale of 1 acre 10 cents has been duly adjusted and the value shown of Rs. 5,48,000 for 72 cents is not understated. Hence for the remaining 72 cents with the assessee, we direct that as on the valuation date the value to be taken of 1/3rd share should be Rs. 5,48,000 since the partition came into force only from 1-1-1983 which is subsequent to the last of the valuation dates which was 31-12-1982. 10. The Wealth-tax Officer will recompute the value of 1/3rd share of the assessee in the light of our aforesaid directions. The appeals are allowed in part
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