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Case Laws
Showing 141 to 160 of 236 Records
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1985 (8) TMI 99 - ITAT BOMBAY-C
Property Passing On Death ... ... ... ... ..... f Rs. 1,376 was a gratuitous payment made to the widow of the deceased. When the employer of the deceased paid the whole amount as salary of the deceased, it cannot be said that the entire amount did not form part of the estate of the deceased on the death. We are, therefore, unable to accept the contention made on behalf of the accountable person. We confirm the orders of the authorities below on this point. The deceased had made a deposit of Rs. 5,000 for acquiring telephone. The amount representing the said deposit was included in the principal value of the estate. This inclusion is being challenged on behalf of the accountable person. The amount in question represents deposit made by the deceased and, as such, the deceased had beneficial interest in the said amount. In the circumstances, there is no scope for any doubt on the point that the said amount represents property passing on death. We, therefore, reject this ground. 14. In the result, the appeal is partly allowed.
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1985 (8) TMI 98 - ITAT BOMBAY-B
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... ... ..... . 2. We have heard the parties. At the time of the hearing appeal certain issues relating to limitation and jurisdiction were raised for the assessee. Objection was raised for this by the Department and the matter was discussed at length for several hours as a result of which the Tribunal arrived at its decision referred to in paragraph 14 to 17. There is no mistake apparent from record. In effect what the Department wants us to do is to review or rewrite our orders which does not lie in our power to do. 3. The application is rejected.
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1985 (8) TMI 97 - ITAT BANGALORE
Exemption, Travel Concession or Assistance ... ... ... ... ..... t be taken into account in determining the eligibility of the value of the travel concession or assistance under clause (a) or, as the case may be, clause (b) of this rule. The rule as regards the Government servants is that travel concession to any place in India can be availed of once in four years. There is no stipulation that the leave travel concession received in the subsequent block of 4 years should not exceed what was received in the first block of 4 years. For example, if an employee stationed in Bangalore, avails of leave travel concession to Bombay in the first year, there is no prohibition against his claiming a higher allowance in the subsequent blocks by going to, say, Calcutta or Kashmir. Therefore, the rule for non-Government servants cannot prescribe a harsher condition. If it does the rule will have to be ignored. Further, there is nothing on record to substantiate the arguments now raised on behalf of the revenue. 3. In the result, the appeal is dismissed.
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1985 (8) TMI 96 - ITAT ALLAHABAD-B
Made Within Statutory Period ... ... ... ... ..... tions in this regard was whether the development reserve should be deducted as a liability from the assets of the firm for the purposes of arriving at the share of the deceased in the surplus of the assets or not. It was held that the reserve could not be deducted. That is not the case here. In the present case, the deceased had retired before his death. 7. The question which requires consideration is that it has first to be established that there was a gift. It can then be said that such gift which fell within the period of two years and was includible in the estate of the deceased. On the facts of the case, we hold that there was no such gift. Our this finding is supported by the principle laid down by the Bombay High Court in the case referred to above. There cannot, therefore, be question of any inclusion of such gift in the estate of the deceased. We, therefore, agree with the findings of the Appellate Controller in this regard. 8. In the result, the appeal is dismissed.
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1985 (8) TMI 95 - ITAT ALLAHABAD-A
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... ... ..... there was no delivery of commodity from Didwania to the assessee. We have also commented upon that she did not have any money. Procedure was adopted to make a show of providing money in her hands. That amount was again returned back to the husband from whom if had gone. The whole thing happened in one single day. These facts clearly go to show that there were no real transactions of any purchase. 23. Once we come to the conclusion that there were no real purchases the question of making any payment in cash does not arise. This was also the finding of the Tribunal in the case of M/s. Phoolson Foundry Works, Baraut referred to above and which principle was upheld by the Hon ble High Court of Allahabad. In or opinion, therefore, the provisions of s. 40A (3) of the Act are not attracted of the present case on the facts found by us above. The addition of Rs. 1,08,000 deleted by the CIT (A) is upheld, though for different reasons. 24. In the result, both the appeal are dismissed.
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1985 (8) TMI 94 - ITAT ALLAHABAD-A
Prejudicial To The Interests Of Revenue ... ... ... ... ..... Co. will have to be excluded from the charge of additional tax. If they are excluded, then there remains only Birhana Road property of the assessee whose valuation has been taken at Rs. 5 lakhs. That too is subject to exemption under section 5(1)(iv) of the Act to the extent of Rs. 1 lakh. In any case, additional wealth-tax is not chargeable when the value of the urban assets does not exceed Rs. 5 lakhs. The assessee is, therefore, not chargeable to any additional wealth-tax. It cannot, therefore, be said that there is any error in the order of the WTO prejudicial to the interests of the revenue. We, therefore, set aside the order of the Commissioner passed under section 25(2) and restore that of the WTO. 14. In the view we have taken, the assessee s appeal before the Commissioner (Appeals) will survive. We, therefore, set aside the order of the Commissioner (Appeals) and direct him to deal with the assessee s appeal on merits. 15. In the result, both the appeals are allowed.
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1985 (8) TMI 93 - ITAT AHMEDABAD-C
Valuation Of Gift, Shares ... ... ... ... ..... might work out to be in excess of the value arrived at on the break-up value method, a notice was issued to comply with the provisions of sub-section (5) of section 23 of the Act regarding an opportunity of hearing to be given to the assessee in case there is an enhancement in the amount of gift-tax determined. It was finally heard on 8-7-1983 when the learned chartered accountant, Shri Anil R. Shah, attended and submitted that he had nothing further to add. 6.2 We, therefore, set aside the order of the AAC and direct the GTO to make an assessment on the basis of maintainable profits since the dividends do not reflect the profit-earning capacity of the company on the basis of decision of the Bombay High Court in the case of Smt. Kusumben D. Mahadevia and adopt the value, lower or higher, as the case may be, and frame the assessment after giving proper opportunity to the assessee in accordance with law. 7. In the result, for statistical purposes, the appeal is allowed in part.
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1985 (8) TMI 92 - ITAT AHMEDABAD-B
Penalty For Concealment of Income ... ... ... ... ..... that the assessee could be penalised under section 271(1)(c), merely on the ground that he had failed to show the particulars of the sale of the land in question in section F of the return. We may mention here that during his course of argument, the learned representative for the department was fair enough to state that if the assessee had shown the fact about the sale of the land in question in section F of the return, perhaps the revenue would not have come in appeal against the order of the Commissioner (Appeals) deleting the penalty imposed under section 271(1)(c). We have already reproduced above the relevant portion of the order of the Commissioner (Appeals) as we fully agree with the conclusion arrived at by him. In fact, it is difficult to find any infirmity in the order of the Commissioner (Appeals) cancelling the penalty imposed under section 271(1)(c). We have, therefore, no hesitation in upholding his order under appeal. 12. In the result, the appeal is dismissed.
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1985 (8) TMI 91 - ITAT AHMEDABAD-B
Reopening Of assessment at assessee's instance ... ... ... ... ..... e simultaneously as no provision in law prohibiting such exercise of right is brought to our notice. Therefore, if one of the two authorities of the Income-tax Department decides the matter on an application or appeal before it, by implication in absence of special circumstances regarding prohibition of such course, the right exercised before the other authority is no longer surviving. Moreover, in this case it is the first appellate authority which is the superior authority to the ITO that has decided the appeal and, therefore, no useful purpose would be served even if the same is decided first by the ITO and thereafter again by the first appellate authority. It is not the case of the revenue that the Commissioner (Appeals) has not applied the correct law after appreciating the facts of the case because no submissions were made in this behalf. Therefore, we do not find any reason to set aside the order passed by the Commissioner (Appeals). 5. In the result, the appeal fails.
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1985 (8) TMI 90 - ITAT AHMEDABAD-B
Business Disallowance ... ... ... ... ..... ntirely agree with the stand taken on behalf of the assessee that the income-tax authorities were not justified in disallowing Rs. 13,45,000 by invoking the provisions of section 40A(3). We would, therefore, delete Rs. 13,45,000 from the total income of the assessee. In view of the decision of the Hon ble Allahabad High Court in the case of U. P. Hardware Store v. CIT 1976 104 ITR 664, of the Hon ble Orissa High Court in the case of Sajowanlal Jaiswal v. CIT 1976 103 ITR 706 and of the Hon ble Punjab and Haryana High Court in the case of Hari Chand Virender Paul v. CIT 1983 140 ITR 148, we do not accept the submissions made on behalf of the assessee that the provisions of section 40A(3) would not be applicable in the case of purchase of goods. 19. Before we part with this order, it may be mentioned that the learned counsel for the assessee did not press ground regarding disallowance of Rs. 8,278. We, therefore, reject the same. 20. In the result, the appeal is partly allowed.
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1985 (8) TMI 89 - ITAT AHMEDABAD-A
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... ... ..... rpose of maintaining reputation and good relations with the customers. 8. In our opinion therefore, the deduction is allowable under s. 28 itself by way of trading loss. Even the claim of the assessee in respect of allowance under s. 37 stands on strong footing and needs to be allowed. The risk of such types of losses and expenditure are incidental to the business especially considering the nature of business in the present by environment. We have drawn support from the principles laid down in the case of Badridas Daga vs. CIT (1959) 34 ITR 10 (SC), Associated Banking Corporation of India Ltd. vs. CIT (1965) 56 ITR 1 (SC), Gothamchand Galada and Anr. vs. CIT (1961) 42 418 (Mad) and CIT vs. Nainital Bank Ltd. (1965) 55 ITR 707 (SC). 8. We, therefore, set aside the order of the AAC on this point and direct the ITO to allow the deduction as claimed in the assessment of the firm and also pass consequential orders in the cases of partners. 9. In the result, the appeal is allowed.
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1985 (8) TMI 88 - ITAT AHMEDABAD-A
Developement Rebate, Conditions For Allowance Of ... ... ... ... ..... clause (b) which does not admit of any two opinions. Clause (b) speaks clearly of eight years from the end of the previous year in which it was acquired or installed . Therefore, we have to take the last date of the previous year and count the period of 365 days for every year until we come to the last day of the eighth year in this way. There is no scope for reducing this period by the assessee changing his previous year. The period becomes fixed in the very first previous year in which the machinery is acquired or installed and thereafter it is a matter of only taking eight years without considering what the subsequent previous years are. There is no possibility of taking any other meaning for the word year such as calendar year, Diwali year or co-operative year as suggested by Shri J.P. Shah. The language or the text of the clause is clear and when the text is clear the text is conclusive. 5. The order of the Commissioner (Appeals) is confirmed and the appeal is dismissed.
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1985 (8) TMI 86 - HIGH COURT OF JUDICATURE AT ALLAHABAD
Appeal dismissed in default ... ... ... ... ..... to whether the application for restoration has been allowed or not. In case the application has been allowed and the appeal has been restored to its original number, the Tribunal shall dispose of the same on merits and in accordance with law, as soon as possible. If the application has not been allowed and is still pending, the appellate authority shall pass an order restoring the appeal to its original number and thereafter, dispose it of on merits. Till the Tribunal disposes of the appeal of the petitioner on merits and in accordance with law, the realisation of the amount as adjudged by the Collector of Central Excise in the order under appeal shall remain stayed. 3. I have heard Shri K.C. Sinha, Counsel for the Department in opposition to this petition. 4. With these observation the writ petition is disposed of. There shall be no order as to costs. 5. A copy of this order may be given to the learned Counsel for the petitioner on payment of usual charges within 72 hours.
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1985 (8) TMI 85 - HIGH COURT OF JUDICATURE AT BOMBAY
Demand - Customs ... ... ... ... ..... Thakkar, the learned Advocate appearing for the 4th respondent applies for withdrawal of this amount. The Prothonotary and Senior Master is hereby directed to permit the 4th respondent to withdraw the said amount along with interest earned thereon, upon 4th respondent furnishing unconditional bank guarantee of any nationalised bank to the satisfaction of the Prothonotary and Senior Master. The 4th respondent through their counsel undertakes to this Court to refund the said amount to the petitioners with 10 p.c.p.a. interest thereon in the event the petitioners succeed in the Miscellaneous Petition. 14. In the result, the appeal is allowed. The impugned order is quashed and set aside. Rule to issue in terms of prayer clauses (a) to (d) returnable on 9th December, 1985. Rule to come up for hearing in normal course. Shri Sethana waives notice of the rule on behalf of respondents 1 to 3. Shri Thakkar waives notice of the rule on behalf of respondent No. 4. No order as to costs.
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1985 (8) TMI 84 - HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYD.
Sugar - Excess production rebate ... ... ... ... ..... to mean differently from the interpretation adopted by a single Judge of this court in the order under appeal. 2. In fairness to the single Judge, he states and accepts two views are possible. One among the two views he is adopting. All the four High Courts have adopted the other view. In our consideration we adopt the reasoning in India Sugars and Refineries Ltd. v. Union of India (supra) contained in paras 6 to 8 as, we are in agreement with the view taken in the five cases cited earlier. The Supreme Court, we are informed, refused special leave against the decision in India Sugars and Refineries Ltd. v. Union of India (supra). We are not understanding the refusal of the Supreme Court to mean affirmation of the view in the case. We therefore, allow the writ appeal and order no costs. The learned counsel for the respondents sought oral leave to appeal to the Supreme Court. That court refused leave. We, therefore, do not think it necessary to order leave. Oral leave refused.
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1985 (8) TMI 83 - HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYD.
Valuation - Exclusion for Excise duty paid ... ... ... ... ..... appeals against the value computed. Having regard to the above representation, we direct that the petitioners may file appeals within 30 days from today against the determination of the value by the authorities. The appeals, when filed, shall be admitted and dealt with according to law. 7. It is further represented that the petitioners had furnished certain bank guarantees regarding the disputed amount of duty. Pending disposal of the appeals, which the petitioners may file, the bank guarantees shall remain effective. If necessary the petitioners shall renew the bank guarantees. The question of encashing the bank guarantees, and if so, to what extent, shall be determined after the disposal of the appeals filed by the petitioners. If the petitioners fail to file appeals within the period of 30 days from today, it will be open to the authorities to realise the disputed duty by encashing the bank guarantees. 8. Subject to the above the writ petitions are disposed of. No costs.
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1985 (8) TMI 82 - HIGH COURT OF ORISSA
Valuation - Aerated waters/soft drinks - Determination of normal price ... ... ... ... ..... way the levy. It only grants exemption from the levy in specified circumstances and to the specified extent. Because of the exemption the levy of duty is not erased. The object of the notification is to confer certain benefit upon the manufacturer or the buyer/consumer through the manufacturer as the case may be. If the intention was to confer the benefit on the buyer/consumer, then the notification, no doubt, does not specifically mention so as has been done in several such notifications issued under Rule 8 of the Rules. 6. Considering the facts and circumstances of the case and the prepondering reasons stated above, we are of the view that the benefit of the notification under Annexure-2 and the subsequent notification under Annexure-II cannot be denied to the petitioner on the ground that the benefit of exemption has not been passed on by the petitioner to the buyer/ consumers. 7. In the result, therefore, the writ petition is allowed. There shall be no order as to costs.
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1985 (8) TMI 81 - HIGH COURT AT CALCUTTA
Plastics - Additional duty ... ... ... ... ..... the goods may be cleared upon payment of all lawful port charges. 44. The appeal is disposed of accordingly. There will be no order as to costs. 45. All parties to act on a signed copy of the minutes of the operative part of the judgment. 46. Learned Counsel for the Customs prayed for a stay of the judgment and order. We were prepared to grant such stay if the Customs Authorities undertook to be responsible for the port charges accruing on and from today, if the proceeding ultimately ended in favour of the appellants. Learned Counsel for the Customs was not in a position to give such an undertaking and did not press further for stay. 47. Learned Counsel for the Customs thereafter applied orally for a certificate from us that this is a fit case for appeal to the Supreme Court. We are unable to grant such certificate as it appears to us that the decision in this case has turned on statutory notifications and construction thereof and no substantial question of law is involved.
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1985 (8) TMI 80 - HIGH COURT OF GUJARAT AT AHMEDABAD
Export obligation - Customs authorities ... ... ... ... ..... quash the orders at annexures K and L. Right from 1968 to 1985 much water has flown beneath the bridge arid the situation has totally changed. In the period of sixteen years, the goods must have qualitatively deteriorated considerably and must have become totally unfit for export. It is truism to state that the Export Board would never permit export of such Stale goods. So, the only course left open to the Customs authorities is to release the goods for the domestic use, of course by charging the requisite duty as it may be leviable, which the petitioner is willing to pay. We, therefore, direct the authorities, as the inevitable outcome of their unreasonable stand taken all these years, that they shall not now insist on the export obligation undertaken by this petitioner and, as a consequence, permit the petitioner to utilise these goods for the domestic market subject, of course, to his paying the reasonable duty. Rule is accordingly made absolute with no order as to costs.
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1985 (8) TMI 79 - HIGH COURT OF ORISSA
Prosecution - Central Excise Rule 9 ... ... ... ... ..... respondents. This conclusion, in my opinion, is contrary to the evidence on record which I have discussed earlier. In view of the categorical assertions made by Biswanath in Ext. 3 and 11, the conclusion of the Sessions Judge must be held to be erroneous and, therefore, the reasonings of the learned Sessions Judge in support of the order of acquittal are not justified in law. 13. In the ultimate result, therefore, the judgment of acquittal passed by the learned Sessions Judge in Criminal Appeal No. 66-M of 1978 is set aside and the accused-respondents are found guilty under Section 9(1)(b) of the Act and are convicted thereunder. So far as the sentence is concerned, the sentence awarded, by the trying Magistrate in consideration of the amount of evasion, is justified and is affirmed, that is to say, the respondents are sentenced to pay a fine of Rs. 1,500/- each, in default to undergo rigorous imprisonment for four months each. 14. The Criminal Appeal is accordingly allowed.
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