Advanced Search Options
Case Laws
Showing 141 to 160 of 264 Records
-
1994 (10) TMI 129 - CEGAT, NEW DELHI
Waste/Scrap - Dutiability of ... ... ... ... ..... cited the following case law 1988 (33) E.L.T. 124 (Tribunal) - Collector of Central Excise, Kanpur v. Gayatri Glass Works 1987 (29) E.L.T. 502 (Delhi) - Modi Rubber Limited, Modi Nagar, U.P. And Another v. Union of India and Others 1990 (47) E.L.T. 55 (Tribunal) - Kamath Packaging Pvt. Ltd. v. Collector of Central Excise We find that in the case of the product Peeled over Rollers, the Tribunal decision relied upon by the applicants squarely covered the goods as not being excisable. In respect of the other two products Cinder Ash and Cinder Coal, the ratio of the decisions cited (supra) are fully applicable as these products arise as waste in the course of manufacture of different final products and are themselves not the finished products and the mere fact that they fetch a price as waste will not be relevant. Accordingly, following the ratio of the precedent decisions of the Delhi High Court and the Tribunal, we find a lot of force in the appeal which is, therefore, allowed.
-
1994 (10) TMI 128 - CEGAT, NEW DELHI
Remission of duty ... ... ... ... ..... the learned DR. Molasses is a commodity which by its inherent nature, gets deteriorated due to certain chemical reactions and sometimes auto-combustion also takes place during which excess heat is generated and even by proper precautions, the stocks may get burnt. This is a natural phenomenon occurring in molasses. Therfore, unless the department is able to establish that auto-combustion was as a result of negligence or delay on the part of the appellants, the duty demand cannot be sustained. In this case, the appellants have been able to prove that they acted prudently and took all reasonable steps to prevent and mitigate the loss due to auto-combustion. Accordingly, we accept the contentions of the appellants and set aside the impugned orders following the ratio of the decision of the Tribunal in the case of Shanker Sugar Mills v. C.C.E., Allahabad 1994 (71) E.L.T. 753 . The appeals are allowed with consequential relief of duty and refund of duty already paid under protest.
-
1994 (10) TMI 127 - CEGAT, NEW DELHI
Appeal - Limitation ... ... ... ... ..... nt and prayed for condonation of delay. 2. emsp Shri M.K. Jain, learned SDR. (sic) We are afraid that we cannot accede to the plea of the learned Counsel to condone the inordinately long delay of 69 days on a ground of mere illiteracy on the part of the appellant. The reasons given are neither proper nor sufficient justifying condonation. The petition is, therefore, dismissed and consequently the appeal stands dismissed.
-
1994 (10) TMI 126 - CEGAT, BOMBAY
Penalty for short-landing of goods not imposable if goods not chargeable to duty ... ... ... ... ..... for loss of 11 bags at 11.45 hours has corrections from 1986 to 1983 at the bottom (iv) certificates for loss 5 bags, at 1930 hours on 22-12-1983 bears the dates ldquo 22nd December, 1986 at the top and correction in the month column at the bottom (v) certificate for loss of 5 bags bears the dated 22-12-1986 both at the top and the bottom. Such a slip of pen in the year 1983 is beyond understanding and only inference could be that these certificates were subsequently fabricated. Further, in appeal No. C/73/87, though the contention initially raised was of no shortage, at the stage of personal hearing, the appellants representative came with the plea that the shortage was on account of excess discharge at Bombay. The contradiction in the plea is apparent. This aspect would have resulted in the dismissal of the appeal. 16. emsp However, with the position as discussed earlier there is no alternative but to allow the appeals. The appeals are allowed. Consequent reliefs to follow.
-
1994 (10) TMI 125 - ITAT PATNA
Assessing Officer, Orders Prejudicial To Interests ... ... ... ... ..... upport from the amended provisions of section 154(1) reproduced above. A separate clause became necessary to enable rectifications of intimations under section 143(1). This also shows that an intimation under section 143(1) has not been equated with an order . 13. In the above circumstances, even after application of the ratio of the judgment of the Hon ble Supreme Court in the case of C.W.S. (India) Ltd., we have come to the conclusion that it was not the intention of the Parliament to treat an intimation under section 143(1)(a)(i) of the Act as an order for the purpose of section 263 of the Act. We, therefore, uphold the contention of the ld. counsel for the assessee that section 263 cannot be invoked in the present circumstances, when there is no dispute that it is only an intimation under section 143(1)(a)(i) which was the subject-matter of the order under section 263. 14. For the above reasons, the order under section 263 is cancelled and the assessee s appeal is allowed
-
1994 (10) TMI 123 - ITAT NAGPUR
Assessing Officer, High Court, Income Tax, Mistake Apparent From Record, Set On, Supreme Court, Tax Liability, Wealth Tax Act
-
1994 (10) TMI 121 - ITAT MADRAS-C
Assessee's Appeal, Assessing Officer, Orders Passed ... ... ... ... ..... rk reality of the situation in the case before us is that rightly or wrongly the assessee moved the Commissioner under section 273A of the Act, and the Commissioner passed the necessary orders under that section, substantially reducing the penalties imposed by the Assessing Officer. With the passing by the Commissioner of orders under section 273A, the penalty orders passed by the Assessing Officer in the first instance get supplanted by the order passed under section 273A of the Act. With the result the penalty orders originally passed by the Assessing Officer (which have given rise to the present appeals) no longer exist in the eye of law. It should, therefore, follow that both in law and in logic the present appeals have become infructuous. We hold accordingly. 29. In the view that we have taken of the matter the question of considering the case on merits just does not arise. 30. In view of the foregoing, therefore, we dismiss all the appeals, as having become infructuous.
-
1994 (10) TMI 119 - ITAT MADRAS-A
Adequate Consideration, Assessing Officer, Capital Gains, Charitable Or Religious Trust, Income From Property, Total Income
-
1994 (10) TMI 117 - ITAT JAIPUR
... ... ... ... ..... ount by his brother Shri Suresh Kumar. 22. To sum up we hold that not only the creditworthiness of all the three creditors was fully proved on record but also the genuineness of the relevant transactions stood proved. The AO had brought no material on record to suggest that the amounts of the disputed cash credits represented assessee s income. Above all, the amounts in question stood assessed in the respective hands of the three creditors and such assessments are not claimed as bad or ineffective. Under such circumstances, and on such facts, there can be no good and valid reasons to treat the same amounts as the income of the assessee for the year under consideration. That being so additions made on account of cash credits appearing in the books of the assessee in the names of Smt. Padam Lata, Smt. Suva Devi and Shri Mohanlal are hereby deleted. Assessee s appeal shall, therefore, stand allowed. 23. In the result assessee s appeal is allowed but that of Revenue is dismissed.
-
1994 (10) TMI 115 - ITAT INDORE
... ... ... ... ..... g of the revised returns, in our opinion, go to cure the irregularity, and it would relate back to the date on which the returns were originally filed. For this view, we get support from the decision in the case of CIT vs. Hindustan Dorr Oliver Ltd., cited supra. The decision rendered in the case of Punjab United Pesticides and Chemicals Ltd. cited supra, also supports this view. Moreover, while giving effect to the order of the CIT(A), the Assessing Officer cannot go beyond the directions given by the appellate authorities. In our opinion, the Assessing Officer was bound to carry out the directions issued by the CIT(A). Taking all these facts into consideration, we are of the opinion that the Revenue authorities were not right in liquidating the proceedings and as such the orders passed by them are set aside. The matter would now go back to the Assessing Officer for a fresh decision in accordance with law. 14. For statistical purpose, the appeals would be treated as allowed.
-
1994 (10) TMI 114 - ITAT INDORE
Assessment Order, Best Judgment Assessment, Estate Duty Act ... ... ... ... ..... er had no jurisdiction to commence or initiate any proceedings. On appeal, the Division Bench allowed the appeal and dismissed the petition holding that section 73A was not applicable to proceedings commenced in consequence of an application for grant of representation and succession certificate and an account delivered under section 56. It will thus be seen that in the case of Ashok Singh it has been held that section 73A is not applicable where an application for the grant of representation is made. In the case before us, the AP has not made any application for the grant of representation and succession certificate nor an account has been delivered under section 56 to the Controller of Estate Duty. Therefore, the decision of the Calcutta High Court in the case of Ashok Singh does not render any help to the AO. We, accordingly, set aside the order of the Appellate Controller of Estate Duty and direct him to decide the appeal on merits. 9. In the result, the appeal is allowed
-
1994 (10) TMI 113 - ITAT INDORE
Appellate Authority, Assessing Officer, Debt Owed, High Court, Net Wealth, So Included, Valuation Date, Wealth Tax Act
-
1994 (10) TMI 112 - ITAT HYDERABAD-B
Assessing Officer, Business Income, Charitable Or Religious Trust, General Public Utility, Income From Property
-
1994 (10) TMI 111 - ITAT DELHI-D
... ... ... ... ..... are allowable between ss. 29 to 36 cannot be brought for disallowance under s. 37(3A) of the Act. 43. In ground No. 6, the plea is that the items that are relatable to sales promotion for disallowance under s. 37(3A) of the Act cannot be brought in for disallowance again under s. 37(2A) of the Act as in the nature of entertainment. Since both these sections have specific purpose, not overlapping on each other, the CIT(A) was justified in holding that the sales promotion could not be considered under s. 37(2A) of the Act. 44. In ground No. 7, the plea relates to entertainment expenses though considered for disallowance. The Tribunal in the case of ITO vs. Bush India Ltd. reported in (1984) 9 ITD 882 (Bom), and in the case of the assessee, which was followed by the CIT(A) in allowing weighted deduction in such expenditure, in our view, no interference is called for. 45. In the result, the appeals filed by the assessee are allowed in part while that of the Revenue is dismissed.
-
1994 (10) TMI 110 - ITAT DELHI-D
Assessment Year ... ... ... ... ..... it in IDBI in respect of share income of the firm. This has been prohibited by the proviso to section 32AB. The proviso, however, in our considered opinion, does not empower the Assessing Officer to act contrary to section 182 of the Act. The Assessing Officer having acted in contravention of provisions of section 182, the Deputy Commissioner (Appeals) was justified in reversing his order and directing to allocate the income of the firm amongst the partners without adding back deduction allowed to the firm under section 32AB. We, accordingly, uphold his decision. 7. We may point out that In the case of Life International, the Tribunal in IT Appeal Nos. 1318 and 1319 (Delhi) of 1990 for assessment years 1986-87 and 1987-88 has taken the same view. In U.P. Dyeing and Printing Works IT Appeal No. 7822 (Delhi) of 1989 for assessment year 1987-88, C Bench of the Tribunal has also decided the issue in favour of the assessee. 8. In the result, the appeal of the revenue is dismissed.
-
1994 (10) TMI 109 - ITAT DELHI-D
A Partner, Capital Asset, Deemed Gift, Dissolution Of Firm, Gift Tax Act, Market Value, Partnership Firm, Share In Firm, Transfer Of Property
-
1994 (10) TMI 108 - ITAT DELHI-D
Diversion Of Income, Income By Overriding Title, Provident Fund ... ... ... ... ..... ersion of income at source under any statute or by overriding title, then there is no income to the assessee , which has been made in the context of the facts of the case which basically related to charging of interest on certain advances, termed as sticky advances. The said observation of the Hon ble Supreme Court cannot be applied to the facts of the assessee s case as the amount of 6 deducted out of the salary of the assessee towards PF, though compulsory in nature, is ultimately refundable to the assessee along with interest and also serves a social and public purpose insofar as it provides for the social security of the employee and the members of his family. We, therefore, feel that the DCIT(A) has rightly disallowed the claim of the assessee and we see no reason to interfere with his orders in this behalf. 7. The other grounds of appeal have not been pressed by the assessee and the same are, therefore, rejected. 8. In the result, the appeal of the assessee is dismissed
-
1994 (10) TMI 107 - ITAT DELHI-C
Assessment Year, High Court, Mistake Apparent From Record, Supreme Court, Tribunal's Order ... ... ... ... ..... ed on an antecedent decision, which stands overruled, constitutes an error apparent on the face of the record. 8. In the light of the discussion in the preceding paras, we are of the view that the applications filed by the revenue are required to be accepted and we have no hesitation in coming to the conclusion that there is a mistake apparent from the record in the orders passed by the Tribunal vis-a-vis the decision of the Hon ble Supreme Court in the case of Bharat Hari Singhania as also Sharbati Devi Jhalani, the latter also having been disposed of by the Hon ble Supreme Court in Civil Appeal Nos. 1591 to 1596 of 1991. As a result of the aforesaid discussion, we reverse the orders passed by the Commissioner of Wealth-tax (Appeals) in both the cases and restore those of the Wealth-tax Officer whereby he has valued the shares under consideration in accordance with rule 1-D. There is no dispute about the quantum before us. 9. In the result, the revenue s appeals are allowed.
-
1994 (10) TMI 106 - ITAT DELHI-B
... ... ... ... ..... the purchaser or the seller does not have a bank account or.............................. Further, s. 40A(3) of the Act cannot be read in isolation to r. 6DD as held by their Lordships of Supreme Court in the case of Attar Singh Gurmukh Singh. We also find that in similar circumstances in assessee s own case, the payments made in cash exceeding Rs. 2,500 to the parties which also included the name of M/s Vishwanath and Co.,Varanasi, the addition made was deleted by the Tribunal in ITA No. 3228/Del/90 for asst. yr. 1988-89. Reference application filed by the Department was also rejected. In absence of any distinguishing feature available in the year under appeal brought to our notice, respectfully following the order of the Tribunal rendered in the subsequent assessment year, we uphold the CIT(A) s order in deleting the addition. Thus, this ground is also rejected. 8. In the result, the appeal filed by the assessee is allowed whereas the appeal of the Department is dismissed.
-
1994 (10) TMI 105 - ITAT DELHI-B
... ... ... ... ..... the above facts and circumstances, the Department having accepted that the royalty and the technical services fees are exempt under ss. 9(1)(vi) and 9(1)(vii) of the Act for the asst. yr. 1979-80 onwards, for the sake of consistency, since the Department had not challenged it, we would allow the claim of the assessee in regard to royalty and technical services, because they would be exempt under ss. 9(1)(vi) and 9(1)(vii) of the Act. The additions are accordingly deleted. 11. In asst. yr. 1984-85 ground No. 3 regarding application of s. 44D was not challenged and accordingly the same is deleted and ground No. 9 has been stated to be consequential only. 12. In asst. yr. 1986-87 grounds No. 5 and 6 are identical to those raised in asst. yr. 1984-85 namely, claim under s. 44D and deduction under s. 80VV infructuous for the reasons mentioned above. 13. In the result, the appeals for the asst. yrs. 1984-85 and 1985-86 are allowed in part while that of asst. yr. 1988-89 is allowed.
............
|