|
Advanced Search Options
Case Laws
Showing 81 to 100 of 559 Records
-
2004 (10) TMI 561 - ANDHRA PRADESH HIGH COURT
... ...
... ... ..... would have the benefit of such an ambiguity as is settled. Therefore, what we understand from the G.O. is that all scrap mentioned in item 2 would be covered by G.O. Ms. No. 774. The other reason for coming to this conclusion by us is that set-off would be only given if a particular item had suffered tax. If, we go by entries in item 2 and accept the contention of the department, then rerollable scrap would not be taxed at any stage and therefore there was no question of any set-off. 8.. For these reasons, we allow the special appeal, set aside the order of the Commissioner and hold that all types of scrap mentioned in item 2 were entitled to benefit under G.O. Ms. No. 774 dated the 9th July, 1985. We restore the order of the Appellate Deputy Commissioner. Because of our findings on applicability of G.O., we are not dealing with the issue raised with respect to limitation, which is kept open. 9. The special appeal is accordingly allowed. No order as to costs. Appeal allowed.
-
2004 (10) TMI 560 - KARNATAKA HIGH COURT
... ...
... ... ..... sets could be a plant, since it is a tool in the hands of the assessee since he carries on his business activity by leasing out the diesel generating units for hire. Even otherwise also, the diesel generating units are machinery in view of our discussion in the earlier paragraph of our order. Therefore, the revisional authority is justified in coming to the conclusion that the diesel generators constitute plant and machinery and though they are used to generate electrical energy but by themselves are not electrical goods. 19. In view of the aforesaid finding, we are of the view that the revisional authority is justified in cancelling the order passed by the assessing authority for the assessment years in question and the common order passed by the first appellate authority dated January 16, 1999. Accordingly, we do not see any good grounds to interfere with the order passed by the revisional authority. Therefore, appeals are rejected. Ordered accordingly. Appeals dismissed.
-
2004 (10) TMI 559 - KARNATAKA HIGH COURT
... ...
... ... ..... ed the word and immediately after the words excluding pumpsets . In order that the second part might be held to be independent of the first part, it should by itself be complete and be capable of operating independently. Unless this test is satisfied, the conjunction and should have to be read into what follows it. If it is understood in that manner, in our opinion, the revisional authority was not justified in his conclusion that what is excluded under entry No. 3 of the Eighth Schedule is only pumpsets with electric motors not more than 10 H. P., and not dry cell and dry cell batteries. In this view of the matter, the impugned order requires to be set aside. Accordingly, the following Order I. Appeal is allowed. II. The impugned order passed by the revisional authority in case No. SMR. KST. 15/99-2000 dated July 12, 1999 is set aside. III. The order passed by the first appellate authority in case No. KST. AP. 311/98-99 dated March 27, 1999 is confirmed. Ordered accordingly.
-
2004 (10) TMI 558 - MADHYA PRADESH HIGH COURT
... ...
... ... ..... er of Commissioner of Sales Tax v. P.T. Enterprises 2000 117 STC 315 (2001) 26 TLD 86 decided by the Supreme Court, in which, similar provision as contained in section 29-A of the M.P. General Sales Tax Act, 1958 (since repealed) was under consideration. The facts of the said case are identical. In this it has been held by the Supreme Court that the authorities also had a right to question the value of the goods as contained in the documents with reference to market value. 23.. In the light of aforesaid discussions and also keeping in mind that two authorities below have recorded a finding of fact with regard to value of goods, as prevalent in the market then, which, was also scrutinised by learned single Judge, who was, then, pleased to dismiss the petitions, against such findings, no case for interference in this letters patent appeal is made out. 24.. Thus, this and the connected appeals are, accordingly, hereby dismissed, but with no order as to costs. Appeals dismissed.
-
2004 (10) TMI 557 - CHHATTISGARH HIGH COURT
... ...
... ... ..... tled to recover the sales tax as per the assessment order and from the year 2000 onwards the respondents are entitled to recover the sales tax which has been admitted by the petitioners in their sales tax return to be paid by the petitioners and remaining amount, if any, remains due as per the assessment order passed later on, then the respondents will be allowed to realise that amount after passing of the assessment order. (c) In view of the above orders, the respondents may recover the amount from the petitioners to the extent indicated above and they should release the rest of the amount which remains in the account of the petitioners and thereafter, they should allow the petitioners to operate their bank account. (d) The respondents shall complete this exercise within seven days from the date of passing of this order and after realisation of the sales tax amount as indicated above should release the bank accounts of the petitioners. Writ petition disposed of accordingly.
-
2004 (10) TMI 556 - ANDHRA PRADESH HIGH COURT
... ...
... ... ..... C of the Act, the remedy open to the petitioners was to file a civil suit. 12.. We have gone through the judgment. The question of filing a civil suit would only arise if the respondents had pleaded that the petitioners were parties to the fraud played against the department. Even before this Court, the department has not stated that the petitioners were parties to any mischief or fraud played by the assessee with the department. If one reads in between the lines of the counter-affidavit, one comes to the only one conclusion that the department was also of the view that the petitioners were bona fide purchasers. Therefore, they cannot be forced to go to the civil court. 13.. For these reasons, we allow the writ petitions, quash the impugned notices. No order as to costs. 14.. The rule nisi has been made absolute as above. 15.. Witness the honourable Sri Devinder Gupta, the Chief Justice on this Tuesday, the Fifth day of October, Two thousand and four. Writ petitions allowed.
-
2004 (10) TMI 555 - MADRAS HIGH COURT
... ...
... ... ..... ection 12(2), penalty is leviable under Section 12(3). This amended provision can be invoked only for any return submitted after 1.7.2002. In case of return filed prior to 1.7.2002, the penalty can be imposed only if assessment is made under Section 12(2). No penalty can be made when assessment is made under sub-Section (1) of Section 12. In this case, admittedly, the assessment is made on the return submitted prior to 1.7.2002. Therefore, when the exemption is claimed bona fide and that was rejected, it is an assessment made under sub-Section (1). Therefore, on the date when the return has been filed, the penalty cannot be levied under Section 12(3). In this case, penalty has been levied even for assessment of the tax on the basis of return filed, which is not a assessment by Best judgment under Section 12(2). Therefore, the imposition of penalty is not legal. Hence, the impugned order imposing penalty alone is set aside. The writ petition is allowed as prayed for. No costs.
-
2004 (10) TMI 554 - ITAT MUMBAI
... ...
... ... ..... i), the statute has amended section 24(1)(i) to include collection charges also and a lump sum deduction of 1/5th of annual letting value is to be allowed for repairs and collection of rent from the property, irrespective of actual amounts spent on these items. Interestingly from the assessment order, it is noticed that the Assessing Officer himself, while computing income from house property, had given deduction of Rs. 7,23,200 under section 24(1) being l/5th for repairs and collection charges. Even if the assessee rsquo s contention (bro kerage is to be allowed as collection charges) is to be considered, the facts show that the Assessing Officer himself had already allowed 1/5th of annual letting value for repairs and collection charges, which are to be allowed on ad hoc basis without bothering for actual expenditure. In this view of the matter, we are inclined to dismiss the appeal of the assessee as devoid of merits. In the result, the appeal of the assessee is dismissed.
-
2004 (10) TMI 553 - SUPREME COURT
The nature of amendment - Haryana Municipal (Amendment) Act, 1994 - whether it is at all retrospective in operation, and if not, whether the provision as amended by the Second Amendment applies to the appellant?
Held that:- Appeal dismissed. Keeping in view the general scope and purview of the statute, the remedy sought to be applied, the former state of law, the legislative intent and the employment of the expression "for the word 'after' the word 'upto' shall be substituted" in the text of the Second Amendment, we have no doubt in our mind that the Second Amendment has the effect of amending the text of First Amendment ever since the date of commencement of the First Amendment, i.e., April 5, 1994.
-
2004 (10) TMI 552 - CESTAT, MUMBAI
... ...
... ... ..... o pay duty was for the purpose of obtaining clearance and cannot be construed as acceptance of the loaded value for the purpose of valuation. The Tribunal held that in such circumstances, it can be said that appellants did not accept the loaded value so as to preclude continued challenge of the same rdquo . 5. emsp Perusal of the above detailed findings and reasoning and the fact that the Hon rsquo ble Supreme Court in case of C.C., Visakhapatnam v. Adani Exports 2002 (146) E.L.T. A213 has not upheld the Commissioners appeal against the Tribunal rsquo s decision on inapplicability of PLATT price, as held by the Tribunal in the case reported in 2001 (116) E.L.T. 715, which has been followed subsequently in many cases. In view of the findings arrived at by the Commissioner (Appeals) and in view of the settled law, we find no merits in the present appeal filed by the Revenue. Consequently appeal is to be dismissed. 6. emsp Ordered accordingly. (Pronounced in Court on 21-10-2004)
-
2004 (10) TMI 551 - ITAT MUMBAI
Business expenditure, Block assessment in search cases ... ... ... ... ..... disallowance made by the Assessing Officer for the expenses on account of car finance expenses, business expenses, depreciation on car and scooter, we are of the considered opinion that in the interest of justice, the assessee should be given one more opportunity to produce evidence in support of the claim. In this view of the matter, we set aside the order of the learned CIT(A) on this issue and restore the matter back to the file of the Assessing Officer with the direction to allow expenses on the basis of pro rata of time period in respect of fixed expenses and on the basis of pro rata of gross income in respect of variable expenses and to allow the claim of the assessee with regard to car finance business expenses and depreciation if the assessee can produce sufficient evidence. The Assessing Officer is further directed to provide adequate opportunity of being heard to the assessee. 13. In the result, this appeal of the assessee is partly allowed for statistical purposes.
-
2004 (10) TMI 550 - SUPREME COURT
What would be the date from which a decree becomes enforceable for execution thereof within the meaning of Article 136 of the Limitation Act, 1963?
Held that:- Appeal dismissed. Upon analyzing when a decree or order becomes enforceable vis-`-vis the definition of 'decree' in Section 2(2) of the Code this Court observed that when a dismissal of an appeal takes place on the ground of its being time barred, no decree is passed.
-
2004 (10) TMI 549 - CESTAT, NEW DELHI
Cenvat/Modvat - Job work ... ... ... ... ..... of 10 debited can be taken back and Rule 57F(11) will not come into operation. rdquo In other case relied upon by the appellants in case of CCE, Pondicherry v. Tambraparani Containers (P) Ltd. (Supra), it was held that, ldquo the fact that 10 of credit availed was reversed while sending the input to the job worker, and the receipt back of the inputs and their use in the manufacture of final products are not disputed. The respondents are entitled to take credit as and when the inputs are received back. rdquo 3. emsp In the present case, there is no dispute that the goods were received back in the factory of the appellants from the job worker after a delay of 5 to 27 days and their use in the manufacture of the final products. 4. emsp Therefore, following the ratio of the above mentioned decisions, I find that denial of the credit to the appellants is not justified. Accordingly, the appeal of the appellants is allowed. (Order dictated and pronounced in open Court on 21-10-2004)
-
2004 (10) TMI 548 - ITAT BANGALORE
... ...
... ... ..... full and final settlement and satisfaction as the entire sale price. The Land Acquisition Officer fixed the value at Rs. 1.08 crores subject to taxability, in the hands of appellant on the valuation date. We are unable to understand as how the assessee is canvassing that the value of the property be taken at Rs. 4.80 lakhs. The property was sold at two different times and the realisation being Rs. 17 lakhs during assessment year 2001-02 and Rs. 1 crore 22 lakhs during assessment year 2000-01, in our view, the valuation done by the Assessing Officer is very much correct. On the other hand, the assessee has not devised any formula on the basis of which, the property can be valued at Rs. 4.80 lakhs as canvassed by the assessee. In the light of these facts and in our considered opinion, the properties have rightly assessed. So this plea of the assessee is also dismissed. 6. In the result, the order of the learned CIT(A) is confirmed and the appeals of the assessee are dismissed.
-
2004 (10) TMI 547 - ITAT DELHI
Charitable or religious trust ... ... ... ... ..... rust of the assessee-society as provided in sub-section (4) of section 11 and income of the said activities, in any case, was to be determined in accordance with the provisions of the Income-tax Act, 1961, i.e., after deducting the expenditure incurred in connection with the said business. As is evident from the income and expenditure account of the assessee-society for the year under consideration, it had derived gross income of Rs. 2,95,011 from the said activities and this amount being more than sufficient to cover the expenses incurred in connection with the said activities, the allowance of the same by the learned CIT(A) as application of its income as claimed by the assessee hardly made any difference in the ultimate position so as to cause any grievance to the Revenue. We, therefore, find no merits in ground No. 2 raised by the revenue and upholding the order of learned CIT(A) on this issue, we dismiss the same. 9. In the result, the appeal of the revenue is dismissed.
-
2004 (10) TMI 546 - ITAT COCHIN
Penalty - Failure to get accounts audited ... ... ... ... ..... he assessee might have carried out its business through employees. However, for the purpose of carrying out the audit, the assessee has to produce the necessary particulars before the auditors. Therefore, though the business of the assessee increased during the assessment year under consideration, that alone cannot be a ground to show that the assessee could have obtained the audit report within the specified time. In our opinion, in view of the illness of one of the partner, there was reasonable cause on the part of the assessee for not getting the audit report within the prescribed period. In view of the above discussion, we do not find any justification in levying the penalty under section 271B of the Act. In our opinion this is not a fit case of levying the penalty under section 271B of the Act. Accordingly, we set aside the orders of the authorities below and delete the penalty imposed by the Assessing Officer. 5. In the result, the appeal of the assessee stands allowed.
-
2004 (10) TMI 545 - CESTAT, CHENNAI
Demand - Shortage in stock - Soda ash found short ... ... ... ... ..... Had this 95 MTs of soda ash not been received or used in the manufacture of final product in the appellant rsquo s factory then there would have been excess or shortage in the final product namely sodium silicate at the time of visit of the officers on 8-1-98. This Bench in the case of Dulichand Silk Mills (P) Ltd. v. CCE - 2001 (133) E.L.T. 468 had held that the Central Excise case cannot be made on the statements alone but on positive evidence produced by the revenue to saddle the assessee with demand and penalties. It is also surprising that no statement was recorded from the job workers to whom the alleged soda ash of 95 MT was sent. The departmental officers were perhaps afraid with the job worker giving a statement against the department. I, therefore, keeping in over the over all facts and circumstances of the case, allow the appeal by setting aside the impugned order. Ordered accordingly. Stay application also gets disposed of. (Dictated and pronounced in open court)
-
2004 (10) TMI 544 - ITAT DELHI
Salary - Relief available when salary was paid in arrears or in advance ... ... ... ... ..... ent Scheme as reduced by exemption under section 10(10C). That implication of section proviso to section 10(10C) is only that in case on assessee is allowed an exemption under section 10(10C) in one assessment year, such assessee is not entitled to exemption under section 10(10C) in any other assessment year. There is no relevance of this proviso for the purpose of relief under section 89(1). That in any case section 89(1) does not grant an exemption and a distinction between an exemption and a lsquo relief cannot be ignored rsquo . 4. The ld. DR has simply relied the order of the ld. Commissioner of Income-tax (A). 5. In view of the decision of the ITAT, Panaji Bench, the issue stands covered in favour of the assessee. Respectfully following the same we allow the appeal of the assessee. The Assessing Officer is directed to give relief to the assessee in the light of the decision of the Tribunal referred to above. 6. In the result, the appeal filed by the assessee is allowed.
-
2004 (10) TMI 543 - ITAT MUMBAI
Capital gains ... ... ... ... ..... sion of the Hon rsquo ble Supreme Court in B.C. Srinivas Shetty rsquo s case, the term goodwill was not included therein. It is after noticing the lacuna that law was amended and goodwill was brought in section 55 with effect from 1995-96 onwards. Even at that point of time the term trademark was absent. This absence was noticed again and therefore, came the amendment in 2001. 35. The above sequence of legislative amendment itself is a clear testimony in support of the argument of the assessee that all these different expressions used in section 55 are different by themselves and independent each other. Therefore, the second contention regarding the retrosepctivity of the amendment brought in by the Finance Act, 2001 is also not sustainable in law. 36. In the facts and the circumstances of the case, we find that the order passed by the CIT(A) is just and proper and it is to be upheld. 37. In result, the appeal filed by the Revenue is liable to be dismissed. Order accordingly.
-
2004 (10) TMI 542 - ITAT MUMBAI
Income from house property ... ... ... ... ..... t necessary to restore these appeals as well as Cross Objections to the file of Assessing Officer to determine the fact that whether expenses claimed by the assessee on account of car parking, water charges, municipal charges and other charges (as shown in the charts framed by the assessee and reproduced above) were the liability of the assessee and were outgoings from the assessee rsquo s rental income shown in respect of the property. If it is so, the same are rightly allowed by the CIT(A) as the assessee is entitled to get the same. The Assessing Officer will determine the house property income of the assessee in accordance with the above directions. We may point out here that the learned A.R. of the assessee also accepted that for the purpose of examining this factual aspect, the matter may be restored to the Assessing Officer. We order accordingly. The appeals filed by the revenue and Cross Objections filed by the assessee are considered allowed for statistical purposes.
........
|
