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Case Laws
Showing 101 to 120 of 229 Records
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1985 (3) TMI 150 - CALCUTTA HIGH COURT
Import - REP licence ... ... ... ... ..... ed the petitioners to make such importation after spending huge sum of money. Considering the facts and circumstances of the case, I hold that the customs authorities had acted illegally in not clearing the goods which was imported on the basis of the said licence. Accordingly, the rule is made absolute. Let a writ in the nature of mandamus do issue commanding the respondents to forthwith clear the said goods which was imported under the said licence subject to the payment of the customs duty and complying all usual customs formalities under the law and subject to payment of port charges. Let a writ in the nature of prohibition do issue prohibiting the respondents from refusing to clear the goods on the basis of suspension of the said licence. I make it clear that this order is passed without prejudice to the rights of the respondents to proceed against the original licensee in whose favour the R.E.P. licence granted in accordance with law. There will be no order as to costs.
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1985 (3) TMI 146 - CEGAT, CALCUTTA
Bonded goods ... ... ... ... ..... e of State of Uttar Pradesh v. Mukthar Singh. mdash (1957) A.A. 5O5 where the Hon rsquo ble Court had granted the stay after exercising its inherent power on the ground that execution or operation of the order appealed from so that the order which might be passed in appeal might not be rendered infructuous (Extracts taken from Code of Civil Procedure Act V of 1908 by Mulla, 14th Edition) and the Balance of Convenience, we grant two weeks time to the applicants to approach the revenue authorities for grant of extension of time in accordance with law if he so chooses. We further direct that during this period, the respondent shall not dispose of the goods. We would also like to observe that the applicants should have approached the revenue authorities first and should have come to this court afterwards Taking into consideration the fact that huge demurrage is involved in the above three appeals, we direct the Registry to fix the above captioned three appeals for 16th May, 1985.
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1985 (3) TMI 145 - CEGAT, NEW DELHI
Refrigerating and air-conditioning appliances and parts not excisable ... ... ... ... ..... nt rsquo s order referred to by counsel during personal hearing, Government observe that water coils are essentially different from cooling coils and the latter alone were dutiable under Notification No. 80/62 because in view of the inbuilt cooling arrangement these could be termed as cooling coils. In the circumstances, if the goods cleared by the petitioners during the relevant period were not cooling coils but only water coils, no duty would be payable for the same... 9. emsp We fully concur with the view taken in the foregoing decision of the Government of India. Accordingly, we hold that the coils under dispute are not excisable under item 29-A (iii) Central Excise Tariff. 10. emsp For the same reason, we have to hold that the cabinets of the equipment in question will not attract duty under Tariff Item 29-A of Central Excise Tariff. 11. emsp In view of our foregoing finding, we set aside the impugned order, including demand for duty and the penalty and allow the Appeal.
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1985 (3) TMI 144 - CEGAT, NEW DELHI
Liable to be rejected ... ... ... ... ..... e his appeal considered. 7. emsp As regards Shri Venkataraman rsquo s argument that we could exercise a power analogous to that of the Central Government under Section 131(3), we must observe that, in terms of Section 131B, Customs Act, this matter has to be proceeded with as if it were an appeal filed before us. The provisions governing appeals to this Tribunal do not appear to contain a power analogous to Section 131(3). Even otherwise, in accordance with the general principles governing appellate decisions, we would have been justified in modifying the order of the lower authority only if we were of the view that it was not a proper or legal order. Having found that the order of the Appellate Collector was perfectly legal and proper, being the only order he could have passed in the circumstances, there would in any case be no justification for that order to be modified. 8. emsp In the result, we uphold the order of the Appellate Collector of Customs and reject this appeal.
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1985 (3) TMI 137 - ITAT PUNE
... ...
... ... ..... offending cl. 2(j) constitute charitable. The impugned clause is not distributive but ancillary to the main clauses, viz., advancement of object of public utility. 13. We have gone through the orders of the authorities below and also paperbook. We hold that all the objects of the clause constitute advancement of object of public utility not involving activities for profit. Clauses 2(j) is ancillary and not independent object and hence the Gujarat judgment relied upon by the Departmental Representative is not applicable. As rightly pointed out by the AAC lsquo public rsquo does not mean the whole world. If any member of the public can become a member and if the ultimate benefit goes to members and others, conditions of s. 2(15) can be said to be fulfilled. There is no occasion for refusal of membership to anyone so far. Sec. 12A requires only application to CIT and not actual grant of registration under s. 12A. 14. Accordingly order of the AAC is upheld Appeals are dismissed.
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1985 (3) TMI 134 - ITAT PUNE
Compulsory Deposit Scheme, Income Tax ... ... ... ... ..... l s case and Kettlewell Bullen and Co. Ltd. s case deals with the question of capital and revenue and there can be no dispute with the principles laid therein. New India Assurance Co. Ltd. s case deal with the undisputed question as to what constitutes property. There is no controversy that compulsory deposit if made does disable the taxpayer from utilising the same funds elsewhere but this is true of any deposit, statutory or contractual. Lastly, S. D. Nargolwala s case deals with wealth-tax. It is held that bank deposit and annuity are not mutually exclusive terms and what is deemed as bank deposit under statute may still constitute annuity under the same statute. In the Compulsory Deposit Scheme, however, there is no reference to compensation. So the possibility of any amount being compensation and not interest does not arise. Taking all these aspects, we hold that the findings of the lower authorities are correct and warrant no interference. 16. The appeals are dismissed.
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1985 (3) TMI 133 - ITAT PUNE
Capital Gains, Purchase And Sale ... ... ... ... ..... e but capital gains tax. Plant or machinery or any fixture or furniture is not being sold as such. What is sold is the business of the undertaking for a slump price. If the capital asset, namely, the business of the undertaking, has a greater value than its original cost of acquisition, then, capital gains may be attracted in the ordinary case of a sale of an undertaking and that is precisely what has been indicated in Doughty s case 1927 AC 327 (PC) and in Mugneeram Bangur s case 1965 57 ITR 299 (SC) . . . . If the vendee-company chooses to brand the nature of payment as something different and in the process loses the benefit of deduction that it could otherwise have perhaps obtained, there is little that can be done in the matter in the course of these proceedings, We, accordingly, uphold the order of the AAC. We have rejected the contention of the departmental representative regarding limitations placed on the assessee by his ground of appeal. 16. The appeal is dismissed.
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1985 (3) TMI 128 - ITAT NAGPUR
... ...
... ... ..... , in the event of a putative partition just before the death of he deceased, the deceased would have received only 1/3rd share in the immovable property. We accordingly uphold the contention of the accountable person in this regard and direct the Assistant Controller to include only 1/3rd share of the value of the immovable properties which remained joint at the time of the death of the deceased. 9. As regards the lasts contention relating to the valuation of 34 acres of land at Rs. 68,000 we find that, the Appellate Controller has valued the same at Rs. 2000 per acre as against Rs. 3000 adopted by the Assistant Controller. In the absence of any material in support of the contention, that, a lower value should have been adopted, we are entirely in agreement with the Appellate CED in this regard and for the reasons stated by him in para 3 of his order, we uphold his conclusion in this behalf. We accordingly decline to interfere. 10. In the result the appeal is allowed in part.
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1985 (3) TMI 125 - ITAT MADRAS-D
House Property, Interest Payable By Assessee, Let Out ... ... ... ... ..... essment year 1968-69, the assessee in his letter addressed to the ITO has stated that he has purchased the property in question on 5-10-1967. But this statement of the assessee is in contravention of what is contained in the sale deed dated 5-10-1967. Thus on the face of the documentary evidence obtained in this case, the statements made by the assessee before the department will be of no consequence. Even the ITO in his order has observed that the evidence produced by the assessee may be sufficient before the Court and other connected authorities to prove that the property in question is owned by the assessee s wife. Thus, by applying the test prescribed by the Supreme Court cited supra to the facts of this case we are of the opinion that the department has not discharged the onus placed upon it in the matter of proving the benami transaction. Accordingly, we set aside the order passed by the first appellate authority on this point and allow the appeal filed by the assessee.
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1985 (3) TMI 123 - ITAT MADRAS-A
... ...
... ... ..... ive. As a matter of fact there is no warrant for such assumption of resumption inasmuch as the decision relied upon by the Commissioner (Appeals) viz, Italinadia Cotton Co. Pvt. Ltd. vs. CIT 1978 CTR (Bom) 166 (1978) 113 ITR 38 (Bom) clearly shows that the sub-cl. (b) of s. 79 is not independent of sub-cl. (a) of that section and that both the conditions should be satisfied for any exemption form s. 79 the Madras High Court has likewise held in the case of CIT vs. Saravanabhava Mills Ltd. (1983) 143 ITR 856 (Mad) that the conditions in cl. (a) and (b) of s. 79 are cumulative in effect and unless both the conditions are satisfied the assessee cannot be deprived of he benefit of s. 72. Therefore, we uphold the order of the Commissioner (Appeals) and reject the grounds taken. The Revenue has taken the grounds only to keep the mater alive although it is covered by the decision of he Madras High Court in the case of Cncord Industries Ltd. 7. In the result, the appeal is dismissed.
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1985 (3) TMI 120 - ITAT JAIPUR
Rejection Of Accounts ... ... ... ... ..... ber has confirmed the view taken by the AAC. However, the learned Accountant Member did not agree with the Commissioner (Appeals) and he set aside the order of the AAC to that extent with the direction to decide the issue afresh. So far as the addition of Rs. 2,700, which was made by the ITO and deleted by the AAC, is concerned, both the Members have agreed with the view taken by the AAC. As there was a difference of opinion, on addition of Rs. 60,125 made by the ITO, it was referred to the Third Member. The learned Vice President, Dr. V. Balasubramanian, has decided the issue as Third Member. He agreed with the view taken by the learned Judicial Member. Since the view taken by the Judicial Member is the majority view on the issue, we confirm the order of the AAC, wherein he deleted the addition of Rs. 60,125 made by the ITO in groundnut oil account, and further deleted the addition of Rs. 2,700 made by the ITO in Tara Meera account. 3. In the result, the appeal is dismissed.
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1985 (3) TMI 119 - ITAT JABALPUR
... ...
... ... ..... a Yashwant Rao Panwar (1981) 127 ITR 650 (MP). On the other hand, the Revenue relied upon the judgment of the Supreme Court in CIT vs. T. S. P. L. P. Chidambaram Chettiar (1971) 80 ITR 467 (SC). 9. In coming to the above decision, we have carefully preused these judgments and only after giving careful thought to the submissions made before us, have arrived at the decision. 10. The other ground in this appeal is regarding the addition of Rs. 4,925, which is interest on compensation payable. This interest is taxable in the year in which the decree of the Court was passed, because the right to receive interest accrued to the assessee on the date of the compensation awarded by the Court, in view of the Madhya Pradesh High Court judgment reported in (1981) 127 ITR 650 (MP). We were not shown any other authority to the contrary from this Court or from the Supreme Court. Therefore, this amount is excluded from the assessment year under appeal. 11. The appeal succeeds and is allowed.
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1985 (3) TMI 118 - ITAT JABALPUR
... ...
... ... ..... me in the interior of the District as can be earned in places more easily accessible. Therefore, his contention is that the rate of 10 per cent applied is on the high side. The ld. Departmental Representative supports the order of the AAC. 3. In my opinion, looking to the facts of the case, the estimate of income in this year should be made at 8 per cent. 4. The appeal is party allowed.
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1985 (3) TMI 117 - ITAT JABALPUR
Interest Payable By Assessee ... ... ... ... ..... e learned Commissioner (Appeals), was wrongly made and was not in accordance with law. The learned Commissioner (Appeals) rightly directed him to calculate the interest with regard to the period that comes within the ambit of the relevant rule when he made the order and worked out interest while giving effect to the appellate order. We, therefore, see no reason, why, at the instance of revenue, we should interfere in his order. 7. Before we close, we would like to mention that we have carefully considered not only the relevant provisions of the statute and the rules, but also the Kerala High Court judgment in the case of Official Liquidator 118 ITR 398 (sic) on behalf of the revenue. This judgment has no relevance, whatsoever, to the issue before us. 8. The assessee, in the cross-objections, seeks no relief, but supports merely the order of the Commissioner (Appeals). The cross-objections are, therefore, infructuous. 9. Both the appeals and the cross-objections are dismissed.
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1985 (3) TMI 116 - ITAT INDORE
Appellate Assistant Commissioner, Partner From Firm, Share Income ... ... ... ... ..... 1981, the Tribunal held that the order under section 154 was appealable. In that case interest under section 217 of the Act was charged while passing an order under section 154/155. The facts of those cases are, therefore, distinguishable. The ITO had created an additional liability on the assessee. As is evident from the facts of the present case mentioned above, no additional liability has been created against the assessee by the impugned order which is entirely in favour of the assessee. As regards the claim for interest, it was not made before the ITO at that time and has been made subsequently, vide an application dated 20-5-1983. We are of the view that only when the assessee s claim made in the said application is refused by the ITO, the cause of action for an appeal could arise to the assessee. We agree with the learned AAC that the impugned order under section 154 was not appealable and the present appeal has, accordingly, to be dismissed. 6. The appeal is dismissed.
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1985 (3) TMI 115 - ITAT HYDERABAD-B
Estate Duty, Family Property ... ... ... ... ..... erence to section 39 of the Estate Duty Act, 1953 ( the Act ). This section deals only with the valuation of an interest in coparcenary property ceasing on the death of the deceased. There is no dispute with regard to the valuation of the property in this appeal. The deceased being the sole surviving coparcener, had full power of disposition of the entire property. Hence, the entire property passed on his death under section 6 of the Act and it has been rightly included in the net principal value of the estate of the deceased. The question of allotment of share to the deceased does not arise as he being the sole surviving coparcener, section 39 has no application to the instant case. The Appellate Controller was wrong in directing the Assistant Controller to assess only half share in the joint family properties in the estate of the deceased. We reverse the order of the Appellate Controller and restore that of the Assistant Controller. 18. In the result, the appeal is allowed.
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1985 (3) TMI 114 - ITAT HYDERABAD-B
Assessment Order, Orders Prejudicial To Interests, Special Allowance ... ... ... ... ..... exemption. Only the amount that has either been shown to have been expended or can reasonably be presumed to have been expended can be allowed as exemption. It will not be correct to say that the entire amount has to be exempted merely because the assessee had made a claim that he has parted with the entire commission in order to arrive at the targeted sales. The assessee had to establish this fact at the time of the original assessment. This fact has not been gone into. Before the Commissioner there has been no detailed examination of this question. It is for this reason that we consider it necessary to modify the Commissioner s order remitting the issue back to the ITO for a fresh consideration of the assessee s entitlement to exemption in the light of what we have stated. 4. In the result, the assessee s appeals will be treated as partly allowed. The additions directed by the Commissioner will now stand remitted to the ITO for further consideration in accordance with law.
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1985 (3) TMI 113 - ITAT HYDERABAD-B
Income From Business, Income From House Property ... ... ... ... ..... is liable to be assessed as property income within the meaning of income-tax law, it does not mean that the assessee has no business in the general sense for the purpose of partnership law and other laws. Thus, it was held that the assessee was entitled to registration. The Jaipur Bench was also considering the question of granting registration to the assessee-firm. It is only in that context it was observed that constructing the godowns and leasing them out is a business activity. In those two decisions, the question whether the income from leasing out the godown of which the assessee is the owner is assessable as income from house property did not come up for consideration. 10. Thus, we hold that the rental income derived by the assessee by leasing out the godowns of which the assessee is the owner is assessable as income from property and not as business income. Thus, we uphold the order of the Commissioner (Appeals). 11. In the result, the appeals fail and are dismissed.
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1985 (3) TMI 112 - ITAT HYDERABAD-B
Advance Tax, Assessment Order ... ... ... ... ..... 17. Thus, the facts of that case are clearly distinguishable and has no application to the instant case. Even if these cases support the assessee we prefer to follow the majority view. 7. In our view, the decisions of the majority of the High Courts to which we have already referred are in favour of the revenue. We respectfully follow those decisions. In the instant case, there is nothing in the record to show that the assessing officer has either waived or reduced the interest leviable under section 215. Hence the Commissioner had jurisdiction to invoke the provisions of section 263 for non-levy of interest under section 215. We may observe that before levying interest under section 215, the IAC will consider the provisions of section 215 and rule 40 with regard to the waiver or reduction of interest if the assessee s case falls within the circumstances referred to in rule 40. Thus, we uphold the order of the Commissioner. 8. In the result, the appeal fails and is dismissed.
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1985 (3) TMI 111 - ITAT HYDERABAD-A
... ...
... ... ..... erative Housing Society should be assessed on the income of their building/flats though the ownership in many cases may rest with the co-operative society. Later by another Circular in F. No. 8/2/69/IT (A-I) dt. 25th March, 1969 the Board tried to read the agreement itself as one resting the ownership in such members for the same result. A similar Circular was issued for wealth-tax purposes in letter No. F. No. 8/2/69-1 (A-T) dt. 25th March, 1969 Source mdash pages 893-894 of Vol. I of Sundaram rsquo s Law of Income-tax in India Golden Jubilee Edition. We therefore set aside the order of CIT under s. 263 and restore the order of the ITO. 11. Since we have restored the order of ITO in the proceeding a paragraph in ITA No. 698/Hyd/83, the appeal in respect of quantum can no longer be treated is in fractious. Hence the order of CIT(A) is set aside and the Quantum appeal restored to CIT(A) for fresh disposal in accordance with law. 12. In the result, both the appeals are allowed.
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