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Case Laws
Showing 121 to 140 of 468 Records
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2003 (8) TMI 470 - SUPREME COURT
Movable and Immovable properties and endowments - Held that:- Appeal dismissed. No doubt in our mind, having regard to the fact that special treatment has been accorded to the temple by the State Legislature, carry out its activities in true letter and spirit thereof. The State and the statutory functionaries would be well advised to give full credence to the tenets and practices subject of course to the provisions of the statute. The State should furthermore make all endeavours to see that the sentiments of the devotees are respected.
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2003 (8) TMI 469 - SUPREME COURT
The function of imparting education has been, to a large extent, taken over by the citizens themselves.
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2003 (8) TMI 468 - CESTAT, NEW DELHI
Valuation - Service charges and licence fee ... ... ... ... ..... i, 2003 (153) E.L.T. 317 we had taken the view that the agreements of sale of plant and collaboration are not dependant on each other and it is not a condition of the sale of the second hand plant that its buyer should obtain a licence from or pay a royalty to a third party. The provisions or Rule 9(1)(e) have no application and the licence fee etc. cannot be added to the value of the goods imported. Even though, the learned DR took us in detail through the terms of the agreement between the parties, we find no provision therein making the payment of charges, as mentioned above, as a condition for import of the goods. In the result, we set aside the order impugned to the extent it has affirmed inclusion of the cost regarding Application Engineering etc. in the assessable value of the goods imported from M/s. Syncro Airlight Corporation and M/s. Clyde Carruthers. The appeal stands allowed as above. (Operative part of the order already pronounced in the open Court on 28-8-2003)
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2003 (8) TMI 467 - SETTLEMENT COMMISSION, CUSTOMS AND CENTRAL EXCISE,
Settlement of case - Admission of ... ... ... ... ..... e made in relation to goods to which Section 123 applies even if such goods have been imported licitly. Even though in such cases the question of discharging burden of proof may not arise this is not relevant as, the question here is of making an application for settlement in relation to goods to which Section 123 applies. By a plain reading of the provisions in Section 127B(1), no application can be made in relation to goods to which Section 123 applies. As earlier stated most of the goods covered in the impugned SCN are the ones to which Section 123 applies. 9. emsp Accordingly, the application of the main applicant cannot be allowed to be proceeded with. Since the application from the main applicant cannot be allowed to be proceeded with, the applications from the other six have also to meet with the same fate. Accordingly, all the seven applications are not allowed to be proceeded with, and are rejected in terms of sub-section (1) of Section 127C of the Customs Act, 1962.
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2003 (8) TMI 466 - ITAT CHANDIGARH
Unexplained moneys ... ... ... ... ..... f the view that sum of Rs. 7,43,779 should have been added to the total income. The above addition according to him already stood confirmed. I have already given my reasons for holding that no such addition was confirmed by the Tribunal and there is no question of including above amount in the total income of the assessee. On the facts and in the circumstances of the case and for the reasons given above, I agree with the order proposed by the learned Accountant Member. Consequently, I answer question No.1 in the affirmative. Question No. 2 proposed by the learned Accountant Member is also answered in the affirmative. As question No. 2 proposed by the learned Judicial Member is based on certain presumptions which are not factually correct, the said question is answered by saying that addition of Rs. 7,43,779 could not be made by the learned CIT(A) in the impugned order. 22. The matter is now referred back to the regular Bench for disposing of the appeal in accordance with law.
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2003 (8) TMI 465 - ITAT MUMBAI
Capital gains - Cost with reference to certain modes of acquisition ... ... ... ... ..... sputes between family members, a memorandum of family arrangement was made between the family members in 25-12-1991 and as per the said memorandum, the assessee became entitled to the property in question w.e.f. 1-4-1991 in lieu of surrendering her claim to reside in the Chembur property. The Assessing Officer has adopted the cost as on 13-5-1985. The CIT(A) has held that the case of the assessee is covered by the provisions of section 49(1)(iii)( a) of the Act and therefore cost inflation index relevant to the assessment year 1986-87 has to be applied in the case of the assessee and has directed the Assessing Officer to recompute capital gains accordingly. There being no mistake in the order of the CIT(A) in applying the cost inflation index relevant to the assessment year 1986-87 to the cost of property as on 13-5-1985, no interference in his order is called for and the Grounds of appeal of the revenue are dismissed. 3. In the result, the appeal of the revenue is dismissed.
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2003 (8) TMI 464 - ITAT DELHI
Penalty - Not to be imposed in certain cases ... ... ... ... ..... of the business. In the case of Motilal Padampat Sugar Mills Co. Ltd. v. State of Uttar Pradesh 1979 118 ITR 326, the Hon rsquo ble Supreme Court at page 330 has observed that there is no presumption that every person knows the law. It is often said that every one is presumed to know the law but that is not a correct statement. There is no such maxim known to the law. 4. Undisputedly the year in question before us, is the first year of the business of the assessee and the quantum of turnover was just above Rs. 40 lakhs. Therefore, it cannot be said that there was any mala fide intention of the assessee in not getting his accounts audited as per provisions of section 44-AB. There was a bona fide of the assessee because he was not aware of the provisions of section 44AB. Therefore, this constitute a reasonable cause under section 273B of the Income-tax Act. Accordingly we cancel the penalty confirmed by the CIT (Appeals). 5. In the result, the appeal of the assessee is allowed.
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2003 (8) TMI 463 - ITAT AHMEDABAD
Unexplained moneys - Assessment year 1997-98 ... ... ... ... ..... his contention. The ld. DR on the other hand relied upon the order of the Assessing Officer. 4. We have heard the ld. representative of parties and perused the record and gone through the decisions cited by the ld. A.R. After considering the totality of the facts of the case we find that the assessee has proved by evidence and material the identity of the donors genuineness of the transaction and capacity of the donors. Under the circumstances the genuineness gifts cannot be added in the total income of the assessee. The donors are known to the assessee over 40 years and they were the same community. There is no evidence or material on record on which basis a contrary view can be taken that than the view taken by the CIT(A). In the light of the above discussion we do not find any infirmity in the order of the CIT(A). We therefore confirm the order of the CIT(A) whereas he deleted the addition of Rs. 2,35,000 on account of NRI gifts. 5. In the result, this appeal is dismissed.
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2003 (8) TMI 462 - ITAT AHMEDABAD
Deductions - Exporters, Interest on borrowed capital ... ... ... ... ..... st paid on borrowed capital for the purpose of the business is allowable expenses under section 36(1)(iii). Accordingly we set aside the orders of the lower authorities and the claim of the assessee is allowed. 31. The last ground raised by the assessee in its appeal is pertaining to reducing the claim under section 80HHC. It was pointed out that the Assessing Officer has adopted a wrong figure for calculating export incentive considering the amount of Rs. 24,53,033 instead of Rs. 29,45,242. It has been further pointed out that the Assessing Officer has not taken into consideration export income of Rs. 3,81,626 and freight and rebate of Rs. 1,10,583 as export incentive for calculating deduction under section 80HHC. Having heard both the sides, we send back this issue to the file of the Assessing Officer to decide the same in accordance with law afresh after verifying the same. 32. In the result, the appeal of the assessee is treated as partly allowed for statistical purposes.
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2003 (8) TMI 461 - ITAT ALLAHABAD
Assessment - Issue of notice ... ... ... ... ..... as provided under the proviso to section 143(2) of the Income-tax Act. The case law referred to by the Standing Counsel in the matter of Dhansukhlal J. Gajjar (supra) would rather support the contention of the assessee. 20. Considering the above discussion and the material available on record, we are of the opinion that the Revenue-department has failed to prove that valid notice dated 22-9-1999 under section 143(2) was issued and served upon the assessee within the period of 12months from the end of the month in which the return was furnished. We accordingly hold that the assessment order dated 1-12-2000 to be null and void. Accordingly, we quash the impugned order dated 23-5-2002 of the CIT(A) and assessment order dated 1-12-2000. Resultantly the entire additions are deleted. 21. Since we have quashed the assessment order and the impugned order, therefore, there is no need to take up other grounds of appeal on merits. 22. As a result, the appeal of the assessee is allowed.
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2003 (8) TMI 460 - CESTAT, NEW DELHI
Confiscation and penalty - Accountal of goods ... ... ... ... ..... the redemption of the goods found in the truck as well as unfinished goods found lying in the factory premises of the appellants, has been imposed by the authorities below. But, in view of the discussion made above, that only confiscation of the finished goods found lying in the truck, and not the unfinished goods could be made, the redemption fine is accordingly reduced to Rs. 10,000/- (rupees ten thousand only) taking into account the quantity of the goods and their value. Similarly, the penalty of Rs. 25,000/- imposed on the appellants No. 1 under Rule 173Q of the Rules, in the light of the facts and circumstances discussed above, is reduced to Rs. 15,000/- (rupees fifteen thousand only). However, the penalty imposed on appellants No. 2 of Rs. 10,000/- does not require any reduction, keeping in view the facts and circumstances of the case. The impugned order stands accordingly modified in the above terms. 5. emsp The appeals of the appellants stand disposed of accordingly.
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2003 (8) TMI 459 - CESTAT, NEW DELHI
Production capacity based duty - Compounded Levy Scheme ... ... ... ... ..... never be able to get the actual production on the basis of application of the formula as notified in the Notfn. No. 24/97-C.E. (N.T.), dated 25-7-97. We hope that your honour will be pleased to consider all the factors responsible for production and determine the ACP accordingly in terms of sub-section (2) of Section 3A of Central Excise Act, 1944, taking into account our performance in the past. 4 emsp We are, therefore, awaiting for the orders of your goodself and hope reasonable ACP will be determined and communicated to us without any delay. Yours faithfully, For M/s Keshav Nilu Steel (P) Ltd. Sd/ Authorised signatory rdquo Compounded levy scheme as notified did not provide for taking into account ldquo availability of raw materials, uninterrupted power supply, labour, finance etc. rdquo while fixing annual capacity of production. 6. emsp In the above stated facts and circumstances, it has to be held that the present appeal lacks legal basis. It is, accordingly, rejected.
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2003 (8) TMI 458 - CESTAT, MUMBAI
Cenvat/Modvat - Deemed credit ... ... ... ... ..... ed as a ldquo Hot or Cold-rolled Flat product, rolled from ingots or Slabs or Sheet Bars or produced by cold reduction of Coil, in rectangular cross-section of thickness exceeding 5 mm but not exceeding 100 mm, and a width of 600 mm and above and supplied in straight lengths. rdquo The goods, in question, do not conform to the above, as the thickness does not exceed 5 mm. Therefore the explanation of the appellants that the description and chapter heading shown in the traders invoices is a mistake, is acceptable. Further it is pertinent to note that the invoices/challan of the manufacturer viz. SAIL, do not show any chapter heading or sub-heading for the goods in question and therefore the explanation that the traders showed the wrong description and wrong chapter heading in their invoices is highly plausible. 3. emsp In the light of the above, I hold that the appellants are entitled to deemed credit on the goods in question, set aside the impugned order and allow the appeal.
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2003 (8) TMI 457 - CESTAT, NEW DELHI
Cenvat/Modvat - Rate of credit ... ... ... ... ..... y the Revenue is that in terms of the above said notification, more than 10 adv. credit could not be taken on the value of the inputs received by the respondents from IOC, had been, in my view, rightly not accepted by the Commissioner (Appeals). It is quite evident that Notification No. 5/94-C.E. (N.T.) expired on 28-2-1999. Therefore, the restriction imposed under that Notification of allowing credit only 10 adv. on the price of the inputs received by an assessee/manufacturer, expired on 28-2-1999. The respondents received the inputs in question after that date and in the invoices issued by the IOC while clearing the goods, the rate was also mentioned as 15 adv. Therefore, the respondents having discharged the duty at that rate while receiving the inputs, had been rightly allowed the credit at that very rate. Consequently, I do not find any illegality in the impugned order of the Commissioner (Appeals) and the same is upheld. 4. emsp The appeals of the Revenue are dismissed.
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2003 (8) TMI 456 - CESTAT, NEW DELHI
Cenvat/Modvat - Duty paying documents ... ... ... ... ..... e invoice, but for availing that he is required to satisfy and fulfil the conditions laid down in Rule 57G of the Rules. He cannot as a matter of right claim straightway the credit on the original invoice without proving the loss of the duplicate copy. It is well settled that when a particular act is required to be done in a particular matter under the law/rules, it has to be performed in that very manner. The law provides the availment of Modvat credit to an assessee in the first instance on a duplicate copy of the transport and not on the original one. The credit on the original copy, by the assessee, can be taken only after proving the loss of the duplicate copy. That being the position, the appellants had been rightly disallowed the credit on the original invoice, for having failed to prove the loss of the duplicate invoice. The impugned order passed by the Commissioner (Appeals) is perfectly valid and the same is upheld. 7. emsp The appeal of the appellants is dismissed.
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2003 (8) TMI 455 - CESTAT, MUMBAI
Cenvat/Modvat - Capital goods ... ... ... ... ..... h sides and perused the literature on DC drive and I am satisfied that it is part of the system and that it is a control panel. I also find that the same lower appellate authority has by an earlier order held that the DC drives are entitled to capital goods credit. I, therefore, hold that credit is admissible to this item. 3. emsp Techno generator which collects data from DC motors and passes on the same to DC drive/control panel and maintains co-ordination of functions of the control panel also falls within the definition of the capital goods and, therefore, eligible to credit. The reasoning for the denial of credit namely, that it must have direct nexus with the production of the goods is no longer correct in view of the Supreme Court rsquo s decision in the case of Jawahar Mills v. CCE - 2001 (132) E.L.T. 3 (S.C.). 4. emsp In the result, I hold that the entire amount of Rs. 39,275/- is available as credit to the appellant, set aside the impugned order and allow the appeal.
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2003 (8) TMI 454 - CESTAT, BANGALORE
SSI Exemption - Brand Name - Departmental clarification - Binding effect - Show cause notice - Scope of - Demand - Limitation - SSI Exemption - Brand name
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2003 (8) TMI 453 - CESTAT, MUMBAI
Cenvat/Modvat - Capital goods ... ... ... ... ..... The Revenue has contended that the disputed items are such that they do not have any part in the process of manufacture. I do not find any infirmity in the impugned Order in allowing the Modvat Credit in respect of these items. As per the definition of the capital goods under Rule 57Q of the Central Excise Rules at the relevant time and as interpreted by the Supreme Court in the case of CCE, Coimbatore v. Jawahar Mills Limited, 2001 (132) E.L.T. 3 (S.C.), any machine/machinery, etc. which is used in producing or processing of goods or bringing about any change in any substance in the manufacture of final products is capital goods for the purpose of availing of Modvat Credit. From the use indicated by the Commissioner (Appeals), it is apparent that the impugned goods are taking part in the process of manufacture of the final products and as such the Modvat Credit of the duty paid in respect of these goods can be taken. Accordingly, the appeal filed by the Revenue is rejected.
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2003 (8) TMI 452 - CESTAT, BANGALORE
Appeal to Appellate Tribunal - Limitation ... ... ... ... ..... erent view. In view of the utter confusion, they could not present the appeal before the Tribunal within the stipulated time. It was requested by the Counsel to condone the delay, as there was sufficient cause in not filing the appeal within the stipulated time. 3. emsp Heard Smt. Radha Arun, learned SDR for Revenue. 4. emsp We have carefully considered the matter. It is well settled position now that to condone the delay, not only there must be a cause but also the cause must be sufficient. The confusion among the partners in not filing the appeal cannot be considered to be a sufficient cause to condone the delay. In view of this position and since sufficient cause has not been shown by the party to condone the inordinate delay, we are not inclined to condone the delay of 7 months and 10 days. In view of our foregoing conclusion, the application to condone the delay is hereby rejected. Consequently, the appeal is also dismissed as barred by time. 5. emsp Ordered accordingly.
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2003 (8) TMI 451 - CESTAT, CHENNAI
Cenvat/Modvat - Capital goods ... ... ... ... ..... nents, spare parts or accessories which is the determining factor for grant of Modvat credit or they have to be considered as capital goods. If they are not components, spare parts or accessories which point also is required to be determined by the original authority. The original authority has only given a prima facie finding and held that ldquo Prima facie, it is seen that the polyethylene film is neither spare parts nor accessories of any main machine used in the phosphoric acid plant rdquo . Ld. Counsel submits that he is in a position to establish that the item is capital goods as well as used as components, spare parts or accessories. They are also in a position to establish that it is an input. In view of the above submissions, the matter is remitted back to the original authority to examine the issue afresh in the light of Board rsquo s Circular No. 276/110/96-TRU, dated 2-12-96. Thus the appeal is allowed by remand to the original authority for de novo consideration.
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