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Case Laws
Showing 121 to 140 of 285 Records
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1993 (2) TMI 182 - CEGAT, CALCUTTA
Confiscation ... ... ... ... ..... t this quantity of biris is duty-paid. The mere fact that Taj Mohammed resiled from his statement is no reason to discard the evidence as was contended before us. In that view of the matter, we are of opinion that the demand of duty on a quantity of 10,27,27,794 Nos. of biris is not in accordance with law and the same is as such set aside. However, the demand of duty on a quantity of biris to the extent of 6,04,67/931 Nos. of biris is hereby confirmed. The same works out to a sum of Rs. 2,25,237.65. 10. Point No. (iii) As far as the third point is concerned the penalty imposed on the appellants is Rs. 2,000.00. We have already come to a conclusion that there is clandestine removal of 6,04,67,931 Nos. of biris. In that view of the matter, the imposition of penalty under Rule 9(2) of the Central Excise Rules, 1944 to the extent of Rs. 2,000.00 is not excessive. Accordingly, we uphold the same. Point No. (iii) is, thus, answered. 11. The appeal is disposed of in the above terms.
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1993 (2) TMI 181 - CEGAT , NEW DELHI
Stampings and laminations used in electric motors ... ... ... ... ..... on made by the Supreme Court in the case of M/s. Hemraj Gordhandas v. H.H. Dave, Assistant Collector of Central Excise and Customs, Surat and Others 1978 (2) E.L.T. J350 , which is reproduced below - ldquo It is well established that in a taxing statute there is no room for any intendment but regard must be had to the clear meaning of the words. If the tax-payer is within the plain terms of an exemption he cannot be denied its benefit by calling in aid any supposed intention of the ex- empting authority. In a Court of Law or Equality what the legislature intended to be done or not to be done can only be legitimately ascertained from that which it has chosen to enact either in express words or by reasonable or necessary implication. rdquo 9. In view of our foregoing conclusion, we hold that there is no justification for denying the benefit of exemption to the items in question in terms of Notification 64/86. With this view, all these appeals are disposed of in the above terms.
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1993 (2) TMI 180 - CEGAT, BOMBAY
Modvat Credit ... ... ... ... ..... in Rule 57A itself as below - ldquo Provided that the Central Govt. may specify the goods or class of goods in respect of which the credit of specified duty may be restricted rdquo . This proviso is intended to meet such contingencies, where duty credit accruing on any inputs is more than the duty payable on the final products. In such a contingency, the Central Govt. by a notification or order, may restrict the credit in such cases. If this legal provision has been resorted to and the Central Govt. have issued such an order, there could be a legal requirement for separate accountal of such final products so as to ensure compliance with the utilisation of restricted credit. Here, there are no such orders or notifications of the Central Government cited before me. Hence, there is no legal requirement of restricting the credit. In this view of the matter, I find no reason to disturb the findings of the Collector (Appeals). 11. In the result, appeal from the Revenue is rejected.
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1993 (2) TMI 179 - CEGAT, NEW DELHI
Demand - Limitation ... ... ... ... ..... ion of facts or contravention of any provision of the Act or Rules made thereunder, with the intent to evade payment of duty. Something positive other than mere inaction or failure on the part of the manufacturer or producer or conscious or deliberate withholding of information when the manufacturer knew or otherwise is required before it is saddled with any liability, before the period of six months. 11. In view of the above discussion, we hold that in the absence of any specific allegation in the show cause notice regarding wilful suppression of facts or misrepresentation, or misstatement or fraud, the demand issued to the appellants for the period beyond the 6 months limitation under Section 11A of the Act, was time barred. 12. In view of the finding that the demand issued to the appellants was time barred, it is not necessary for us to examine the other points raised on behalf of the appellants. 13. In the result, the impugned order is set aside and the appeal is allowed.
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1993 (2) TMI 178 - CEGAT, MADRAS
Remand when necessary - Adjudication order ... ... ... ... ..... which are specified raw materials and for which Form 4 record is required to be maintained by the appellant, more so when there is no allegation that there was any unaccounted quantity of raw materials which were purchased by the appellant. As it is we find there is a correction in the statement given by Shri George John in regard to the quantity of sulphur used and the authority has not examined in respect of the plea made whether it was feasible to produce tread rubber of the type manufactured by the appellant by using 0.440 Kgs. of sulphur as pleaded by the appellant. In view of the above, we hold that the learned lower authority has not examined the issue in depth and, therefore, we hold that the order passed by the lower authority is not a proper one and set aside the same and remand the same to the lower authority for re-adjudicating the matter after giving opportunity to the appellant in the light of our observations above. Accordingly the appeal is allowed by remand.
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1993 (2) TMI 177 - CEGAT, NEW DELHI
Excess Production Rebate ... ... ... ... ..... ral Excise have all along been treating the two plants as one factory. They had not applied for and taken out separate licence for plant No. 2. There are no separate accounts and registers as prescribed in the Central Excise Rules for their manufacture, production and clearances in respect of plant No. 2. On the other hand, a combined Central Excise record is maintained for both the plants. It, further, becomes significant that even for the purpose of determining the basic clearances for the purpose of Notification 198/76, the appellants had given only a combined declaration. In such circumstances their claim for the benefit of re-determination of base clearances and clearances in excess thereof for a manufacturer having more than one factory and as given in Notification 20/77, is not sustainable and in this view of the matter, their refund claim has rightly been rejected and there is no reason to interfere with the order passed by the lower authority. The appeal is rejected.
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1993 (2) TMI 176 - CEGAT, NEW DELHI
... ...
... ... ..... ufacturing profit and the manufacturing expenses but not any other subsequent profit or expenses. It is necessary to include the processor rsquo s expenses, costs and charges plus profit, but it is not necessary to include the trader rsquo s profits who gets the fabrics processed, because those would be post-manufacturing profits. rdquo The same has been expressed by the Gujarat High Court in the following decisions 1992 (61) E.L.T. 242 (Gujarat) 1991 (33) ECR 418 (Gujarat) - Kwality Silk Mills and Another v. Union of India and Others 1992 (61) E.L.T. 58 (Gujarat) - J.B. Kharwar Sons v. Union of India. The Tribunal had also occasion to deal with the same issue in the case of Collector of Central Excise v. N.J. Metal Screens Mfg. Co. Ltd. reported in 1991 (37) ECR 655 (CEGAT SB-A). Hon rsquo ble Supreme Court also confirmed in the case reported in 1992 (62) E.L.T. A-48. With these observations we do not find any merit in Revenue rsquo s appeals. Both the appeals are dismissed.
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1993 (2) TMI 175 - CEGAT, NEW DELHI
Import - OGL ... ... ... ... ..... the present case have placed before us a Circular of the Paper Stock institute of America, and according to this Circular too, the goods imported by the appellants do not fall in the category of Waste Paper. We do not, therefore, think that the aforesaid decision of the Tribunal is applicable to the case of the appellants. The order denying exemption from basic duty under Notification 219/84 and, consequently from auxiliary duty under Notification 188/86-Cus, dated 1-3-1986 has correctly been passed and is upheld. The appeal fails on this count too. 11. On the question of valuation of the goods, the appellants have not indicated what, according to them, should be the value of the goods. The ld. Collector has taken the value of white ledger indicated in the invoice at the rate of US 370 per M.T. as the basis of valuation and we do not consider this to be arbitrary or incorrect. The appeal, therefore, fails. 12. In the result the appeal fails on all the counts and is rejected.
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1993 (2) TMI 174 - ITAT PUNE
Accounting Year, Deduction In Respect, Depreciation Reserve, Sugar Factory ... ... ... ... ..... the business of the year and (c) the general practice in similar business, If the conditions of this clause are not fulfilled, the assessee would not be entitled to claim a deduction under the residuary section, section 37 in respect of bonus or commission, otherwise the result would be nullification of the express conditions laid down by this clause. The learned departmental representative contended that the payment of incentive bonus and ex gratia in excess of 8.33 per cent is not reasonable and allowable as a deduction. The conditions laid down are not fulfilled. 15. The cumulative effect of the discussions made above, does not indicate to allow assessee s claim regarding the excess incentive productivity bonus and ex gratia payment. Therefore, there are no good reasons to interfere with the order of the CIT (Appeals) on the point of bonus and ex gratia payment. The appellant fails on this ground. 16 to 19. These paras are not reproduced here as they involve minor issues.)
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1993 (2) TMI 173 - ITAT PUNE
Assessee's Appeal, Double Taxation Avoidance Agreement, Non-resident Company, Shipping Company
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1993 (2) TMI 172 - ITAT PUNE
Penalty For Concealment ... ... ... ... ..... anation offered by the assessee was not bona fide and the assessee has failed to prove such explanation, and concealment is manifest the amount added or disallowed in computing the total income shall, for the purpose of clause (c) of section 271(1) be deemed to represent the income in respect of which particulars have been concealed. In other words, in view of the statutory prescription, contained in clause B of Explanation 1 and also the proviso the addition sustained shall be deemed to represent the income in respect of which the particulars have been concealed. Consequently, the penalty under section 271(1)(c) is warranted on the charge of concealed particulars of income and therefore, penalty is justified in law. 11. However, as per the calculation furnished by the learned counsel for the assessee, the tax sought to be evaded amounted to Rs. 23,305 and therefore, penalty should be reduced to Rs. 23,305. We order accordingly. 12. In the result, the appeal is allowed partly
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1993 (2) TMI 171 - ITAT PUNE
Computation Of Capital, Mistake Apparent From Record ... ... ... ... ..... e year-wise position of the bad and doubtful debts fund account shows that ad hoc amounts were transferred to this fund account by debiting discount (income account) and crediting the reserve account and this reserve is a secret reserve. Keeping in view the nature of the banking business carried on by the assessee and the assessee is entitled to create secret reserve as per Banking Regulation Act and keeping in view the judgments of the Bombay High Court and Andhra Pradesh High Court cited, the claim made by the assessee to treat the bad and doubtful fund account as reserve is quite justifled in law. Accordingly, the order of the CST(A) on this point is reversed and the Surtax Officer is directed to treat the aforesaid amount as reserve. 9. In view of the clear position of law, there was no mistake apparent from record calling for rectification. Thus even otherwise the order of rectification made by the STO to this extent cannot stand. 10. In the result, the appeal is allowed
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1993 (2) TMI 170 - ITAT PUNE
Business Expenditure, Capital Expenditure, Foreign Company, Revenue Expenditure, Technical Know-how
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1993 (2) TMI 162 - ITAT PATNA
Best Judgment Assessment ... ... ... ... ..... est could be charged, because the assessment could not be treated as regular assessment within the meaning of section 2(40) of the Act. This contention of Mr. Jain is also acceptable and this will apply to all the four years because I find that all the assessments were completed under section 147(a) of the Act. This position is clear from the decision of Patna High Court, Ranchi Bench in the case of Prakash Lal Khandelwal v. ITO 1989 180 ITR 604. Besides, to settle the controversy appropriate amendment was made to section 139 by inserting an Explanation 2 to section 139 by the Taxation Laws Amendment Act, 1984. Therefore, no interest is chargeable either under section 139, obviously and also for same reasons no interest can be charged even under section 217(1A) of the Act. 8. The appeals are now restored to the Division Bench for passing an appropriate order in conformity with the majority views expressed on all the four points of law referred under section 255(4) of the Act.
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1993 (2) TMI 160 - ITAT PATNA
Assessee's Appeal, Assessing Officer, Late Filing, Original Assessment ... ... ... ... ..... However, if the tax is not sufficiently paid in advance by way of compensation interest under section 217 has to be paid. If the above decision of the Hon ble Supreme Court is correctly followed it could be seen that in that case no interest under section 139(8) was permitted to be charged because advance tax was sufficiently paid. The Apex Court did not distinguish the tax payable in advance from the tax as per the return. Had it not been so, it would have been said that even if the advance tax has been fully paid interest under section 139(8) is a separate compensation and, therefore, separate charging of interest would be there. In view of this matter I am of the opinion that once interest under section 217 has been charged no interest under section 139(8) can be charged for the concurrent period. The charging of interest under section 139(8) is, therefore, cancelled and the charging of interst under section 217 is confirmed. 9. In the result, the appeal is partly allowed.
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1993 (2) TMI 159 - ITAT PATNA
Amnesty Scheme, Assessing Officer, Penalty Proceedings ... ... ... ... ..... ts pertaining to earlier years were already completed. We, therefore, find that the case of the assessee is fully covered by the various Circulars issued by the Board clarifying the intents and purposes of the Scheme. The Circulars have to be considered in a liberal manner as it was meant for common taxpayers. The Scheme is not to be read as a Statute since its object was to encourage the defaulting assessees to come forward and disclose concealed income. On consideration of concessions given under the Scheme and the assurance given by the Government and when the returns were filed under the Amnesty Scheme by an assessee, we see no reason to impose penalty. In the instant case, it is clear that the Amnesty Scheme was fully applicable to the assessee in respect of the three assessment years under appeal. We, therefore, do not see any reason to interfere with the orders of the DC (Appeals) which are hereby sustained. 9. In the result, the appeals by the department are dismissed
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1993 (2) TMI 156 - ITAT MADRAS-B
Business Expenditure, Capital Expenditure, Foreign Company, Revenue Expenditure, Technical Know-how
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1993 (2) TMI 153 - ITAT JAIPUR
... ...
... ... ..... gs at Calcutta cannot be ruled out. Moreover, the cancellation of penalties levied upon him for various defaults is also a relevant factor to be taken into account in order to appreciate assessee s intention and conduct. 5. It is no doubt true that if the Expln. to s. 271(1)(c) stands attracted to a given case, the burden of proving that the concealed income had not resulted from any fraud or gross or wilful neglect on the part of the assessee is on him. But in the facts and circumstances of the case, there is ample evidence on record to hold that the concealed income had not resulted from any fraud, gross or wilful neglect on the part of the assessee inasmuch as there exists material on the record to show that the assessee had been earning income in the past and could have saved some money out of his earnings. In view of such facts and circumstances of the case, I feel inclined to cancel the penalty. 6. In the result the penalty levied is cancelled and the appeal is allowed.
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1993 (2) TMI 151 - ITAT JAIPUR
... ...
... ... ..... bjected to an addition of Rs. 47,913 to the income of the assessee from trucks. We find that in the first instance this was not a basis for setting aside the original assessment order by the learned CIT under s. 263 and secondly this Bench in the case of assessee itself for the asst. yr. 1985-86 in ITA No. 265/Jp/89, dt. 31st Oct., 1991 has held that in assessee s case additions made in the truck account were not justified and had deleted the additions made in that year. We, therefore, hold that in the instant year also no additions as made by the Assessing Officer and confirmed by the CIT(A) can be sustained. The addition of Rs. 47,913 is, therefore, directed to be deleted. 8. The only amount which now remains is an amount of Rs. 2,500. After considering all facts and circumstances of the case we find that the disallowance made by the ITO is reasonable and is, therefore, confirmed. 9. In the result while ITA No. 395/Jp/89 is dismissed, ITA No. 1367/Jp/1989 is partly allowed.
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1993 (2) TMI 149 - ITAT JAIPUR
Tax Authorities, Winnings From Lottery ... ... ... ... ..... s claim before the Hon ble ITAT to treat the lottery income from Sikkim Government is not taxable under the IT Act is not legally tenable because no such claim was made either before the Assessing Officer or before the 1st Appellate Authority. (ii) If the assessees ground on the above claim is admitted for adjudication by the Hon ble ITAT a finding may also be given to hold that the tax charged by the Sikkim State was merely a local tax and not the IT deducted or paid under the IT Act and hence the assessee had made a false claim under section 199 for TDS amounting to Rs. 1,79,088 in the return filed before the Assessing Officer. ITAT may direct to withdraw the corresponding credit. 30. Since we have already dismissed the additional grounds giving rise to the grounds raised in the cross objection, Revenue cross objection becomes infructuous and is liable to be dismissed as such. 31. In the result, assessee s appeal is partly allowed but Revenue s cross objection is dismissed
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