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Case Laws
Showing 81 to 100 of 855 Records
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2009 (3) TMI 1024 - BOMBAY HIGH COURT
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... ... ..... iment of discretion available to the assessing officer which discretion has to be exercised in a logical and non arbitrary manner. We find that the ITAT has proceeded on the basis that a fixed rate of 2 of gross receipt is the tax deductable at source from all contractors big or small. The ITAT has held that this rate of TDS can be used to arrive at a reasonable estimated income and on this basis it has held that if 6 of gross receipts of the Contractor can be considered as his reasonable income, then his tax liability will be 1.8 in cases where tax rate is 30 i.e. for an individual and 2.1 where tax rate is 35 i.e. for a firm, company etc. It is on such basis that estimated income has been fixed at 6 of gross receipts. In this view of the matter, we do not find that the impugned order is illogical, unreasoned or arbitrary and in the facts of the case, we are not inclined to interfere. The questions of law therefore, would not arise and the appeal stands summarily dismissed.
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2009 (3) TMI 1023 - SUPREME COURT
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... ... ..... to jurisdiction of a court enabling it to issue a direction, it would amount to a jurisdiction error. In that sense, the courts were required to exercise their jurisdiction with more care and caution. For the reasons aforementioned, we are of the opinion that interest of justice would be subserved if the matters are directed to be considered afresh by the High Court together with the pending appeal and miscellaneous applications. The special leave petitions filed before us against the order dated 21.07.1999 shall be returned to the petitioners thereof so as to enable them to re-file the same before the High Court which may also be considered on its own merits. We pass these directions in exercise of our power under Article 142 of the Constitution of India. These appeals are disposed of accordingly. For the aforementioned observations and directions, we would request the High Court to consider the desirability of disposing of the matter as expeditiously as possible. No costs.
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2009 (3) TMI 1022 - PUNJAB & HARYANA HIGH COURT
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... ... ..... much less a substantial question of law, as envisaged by Section 35G of the Act. We have tried to spell out from the order of the Commissioner the lack of opportunity in returning the seized documents, in permitting the cross-examination of the witnesses whose statements were recorded under Section 14 of the Act and the prejudice which might have been caused to the dealer-assessees. We have no reason to displaced the findings recorded by the Tribunal. As far as the seized documents which were required to be returned, the same is also supported by Circular No. 42/88-CX. 6, dated 24-5-1988 and Circular No. 171/5/96-CX., dated 2-2-1996. We are further of the view that the Tribunal has taken correct view by remanding the case to the Original Authority for passing the order afresh by adopting fair procedure and by issuing direction to the revenue-appellant to return the un-relied documents as per the circulars. Therefore, there is no merit in the appeal and the same is dismissed.
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2009 (3) TMI 1021 - SUPREME COURT
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... ... ..... was no substance in the plea that by legislative omission to pay solatium the State enriches itself unjustly at the expense of the private party. (See Union of India v. Dhanwanti Devi and Ors. (1996 (5) SCC 44). In Ashok Nagar Plot Holders Association v. State of U.P. (1997 (10) SCC 77) this Court again observed that liability to pay interest to the claimant arises only in accordance with Section 34 of the Act. As the Act is a self-contained Code, common law principles of justice, equity and good conscience cannot be extended in awarding interest, contrary to or beyond provisions of the statute. 9. In view of what has been indicated above, the conclusion is irresistible that while exercising jurisdiction under Article 226 of the Constitution there is no scope for direction to pay interest in a manner not contemplated by either Section 28 or 34. 10. In view of the above the appeals deserve to be allowed which we direct. The impugned judgments of the High Court are set aside.
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2009 (3) TMI 1020 - SC ORDER
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... ... ..... JJ. ORDER Appeal dismissed.
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2009 (3) TMI 1019 - CESTAT, MUMBAI
Valuation - Job work ... ... ... ... ..... he appeal. rdquo 6. emsp We find that the Commissioner (Appeals), vide the impugned order dated 30-4-2003, has held that the actual addition of 26.04 as reflected in the profit and loss account is to be added for assessment purpose of the relevant period. This order of the Commissioner (Appeals) does not survive in view of the findings of the Tribunal in its aforesaid order dated 19-4-2006. Further, when the assessable value declared by the appellants has been found to be acceptable, the issue of the incorrect computation of the assessable value by the Deputy Commissioner (i.e. profit percentage of 26.04 has been considered as numeric to compute the differential profit instead of taking it as a percentage and calculating the differential profit from the appellant rsquo s job charges) has become superfluous and redundant. 7. emsp We set aside the impugned order dated 30-4-2003 of the Commissioner (Appeals) and allow the appeal filed by the appellants. (Pronounced in the court)
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2009 (3) TMI 1018 - CESTAT, NEW DELHI
Cenvat/Modvat - Deemed credit ... ... ... ... ..... inputs lying as on 1-4-2003 (instead of 31-3-2003) would now be eligible for one time credit under Rule 9A of the CENVAT Credit Rules, 2002. (Notification No. 40/2003-C.E. (N.T.), dated 30-4-2003 refers). rdquo 6. emsp In view of the Board rsquo s Circular and on perusal of Rule 9A, as amended by Notification No. 40/2003, I do not find any reason to interfere with the order of the Commissioner (Appeals). The contention of the learned D.R. that fabrics in question were not attracting duty at the time of its removal from the factory of the supplier is not supported by any material. In addition to that, it is admitted position that the goods were received by the respondents from trader. Therefore, I do not find any force in the submission of the learned D.R. 7. emsp In view of the above discussion, I do not find any reason to interfere with the order of the Commissioner (Appeals). Accordingly, appeal filed by the Revenue is dismissed. (Dictated and pronounced in the Open Court)
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2009 (3) TMI 1017 - SC ORDER
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... ... ..... h Kaushik, Adv. Mr. Rupesh Kaushik, Adv. Mr. B.V. Balaram Das,Adv. For Respondent(s) Mr. Sandeep S. Karhail, Adv.Mr. Ajay Vohra,Adv.Ms. Kavita Jha, Adv. O R D E R Delay condoned. Dismissed.
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2009 (3) TMI 1016 - SC ORDER
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... ... ..... V. Balaram Das For the Respondent Pramod B. Agarwala, Praveena Gautam, Abhishek Baid, Nitin Kant Setia ORDER Leave granted. Hearing expedited.
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2009 (3) TMI 1015 - BOMBAY HIGH COURT
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... ... ..... te that after the position of Law was brought to their notice, they have started accepting the money by cheque. Considering the above, there is no merit in this appeal which is accordingly dismissed.
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2009 (3) TMI 1014 - SC ORDER
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... ... ..... rd is impleaded as a respondent. Amended memo of parties shall be filed within a week. Delay condoned. Appeals are admitted. Hearing expedited.
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2009 (3) TMI 1013 - CESTAT, AHMEDABAD
Whether the byproduct emerging during the course of manufacture of final product, is required to reverse 10% of value of the exempted goods, in terms of Rule 6 (3) of CCR, 2004? - Held that: - the issue is squarely covered by the decision in the case of NARMADA GELATINES LIMITED Versus COMMISSIONER OF C. EX., BHOPAL [2008 (11) TMI 75 - CESTAT NEW DELHI], where it was held that a waste arising out of principal process of manufacture does not burden the Assessee with levy u/r 6(3)(b) of CCR - appeal allowed - decided in favor of appellant.
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2009 (3) TMI 1012 - ITAT JAIPUR
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... ... ..... he advance to the assessee. The Hon’ble Rajasthan High Court in its latest decision in the case of Aravali Trading Co. vs. ITO (supra) has been pleased to hold that once the existence of the creditors is proved and such persons on the credits which are found in the books of the assessee, the assessee’s onus stands discharged and the later is not further required to prove the source from which the creditors could have acquired the money deposited with him and, therefore, the addition under s. 68 cannot be sustained in the absence of anything to establish that the source of the creditor’s deposit flew from the assessee itself. In view of these decisions of Hon’ble jurisdictional High Court, we are not inclined to interfere with the first appellate order on the issue under the facts and circumstances of the present case as discussed above. The first appellate order is thus upheld. The ground is accordingly rejected. 5. In the result, appeal is dismissed.
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2009 (3) TMI 1011 - DELHI HIGH COURT
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... ... ..... se findings can have grave financial repercussions; yet that does not, as observed by the Supreme Court, make it a penal offence. As far as the findings are concerned, the tribunal no doubt did see whether they are sustainable; it did exercise its discretion. Though such discretionary orders are nor ordinarily interfered with, this court notices that curiously, the binding decisions in Dunlop, and Adani, which stipulate discussion of individual facts to establish “undue hardship” was not followed by the tribunal, in these cases. The impugned order, is thus not sustainable. 21. This court concludes, on the basis of the preceding discussion, that these writ petitions are entitled to succeed. The respondents’ applications for waiver of pre-deposit requirements shall be heard and dealt with afresh, in accordance with law, after affording them due opportunity. The writ petitions and all pending applications are allowed, in such terms, without any order on costs.
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2009 (3) TMI 1010 - CESTAT CHENNAI
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... ... ..... ides, we find that for a subsequent period namely July 00 to June 01, in the case of the same assessee, Final Order No.1111 to 1115/2005 dt. 9.8.05 has been passed, setting aside the order impugned in those appeals remitting the case to the original authority to apply accounting principles laid down in CAS-4. Following the same route in this case also, after setting aside the adjudication orders impugned in the present appeals, we remit the case to the adjudicating authority with a direction for fresh decision in accordance with law including CAS-4 as made applicable to Central Excise valuation by CBEC s Circular No.692/8/2003-CX. dt. 13.2.2003, and the principles of natural justice. As far as possible, the issue should be decided fresh as expeditiously as possible having regard to the large amounts involved. 4) The cross objections filed by the assessee are in the nature of reply to the Revenue s appeals and are, therefore, dismissed. (Dictated and pronounced in open court)
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2009 (3) TMI 1009 - ITAT MUMBAI
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... ... ..... not agree with the explanation of the assessee with regard to lower consideration disclosed by him, he should refer the matter back to DVO for getting some market rate established as on date of sale to arrive at correct consideration and restore the matter back to the file of AO with a direction that he should refer the matter of valuation in the light of section (2) of section 50C to DVO for determining the correct consideration of flat sold by the assessee. 9. In view of the above, we set aside the order of CIT(A) and restore the matter back to the AO with a direction that the AO shall refer the matter for valuation in the light of sub section (2) of section 50C to 'DVO' for determining correct consideration of flat sold by the assessee. 10. At the time of hearing, the Ld AR did not press ground No.6, therefore the same is dismissed as not pressed. 11. In the result the appeal filed by the assessee is allowed for statistical purpose. Order pronounced on 20.03.2009.
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2009 (3) TMI 1008 - ITAT CHENNAI
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... ... ..... e trading in shares. We, therefore, answer the question posed to us in affirmative. As we have held that sub-sections (2) and (3) of section 14A are retrospective in nature and the resultant Rule 8D would also fall on the same line, then the disallowance u/s. 14A is required to be computed with reference to the mandate of these provisions. We, therefore, set aside the impugned orders in all the cases before us and remit the matter to the file of the Assessing Officers for computing the disallowance in terms of section 14A read with Rule 8D". 9. Following the above decision of the Special Bench, we restore this matter back to the file of the Assessing Officer with a direction to recompute the disallowance u/s. 14A as per the guidance given by the Special Bench and by applying Rule 8D. Thus, this issue is allowed. 10. In the result, the appeal filed by the Revenue is partly allowed. 11. Order pronounced in the open court after conclusion of the hearing, on the 20.03.2009.
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2009 (3) TMI 1007 - ITAT DELHI
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... ... ..... was made by the AO to the TPO u/s. 92CA of the Act and the TPO after examination of the relevant facts has concluded that all that international transactions are carried out at arm's length price and accepted the mark-up of 6.45 on software development services shown by the assessee company. The revenue could not controvert the submission of the assessee that the AO could not show that how the facts of the case of M/s. Sapien ad Corporation are similar to the facts of the case of the assessee. In these facts of the case, we hold that there is no mistake in the order of the CIT(A) in holding that in the absence of any evidence to suggest or indicate that there exists an arrangement for avoidance of tax and in deleting the addition made being without sufficient basis and accordingly the order of CIT(A) is confirmed and the ground of appeal of the revenue is dismissed. 5. In the result, the appeal of the revenue is dismissed. Order pronounced in the Open Court on 6.3.2009.
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2009 (3) TMI 1006 - KERALA HIGH COURT
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... ... ..... odity produced by the respondent, the increase in the installed capacity of the pulp plant on account of the installation of the de-inking machinery will entitle the respondent for the benefit of additional depreciation. The finding of the Tribunal that there has been increase in the installed capacity of the production of pulp in terms of the requirement of the provision in the statute is not disputed in the appeal filed by the Revenue. On the other hand their contention is that the installed capacity should have reference to only final product, that is newsprint. We are unable to uphold this contWention of the Revenue and we feel that the intermediary product viz., pulp produced by the company being a marketable commodity the increase in the installed capacity for claiming benefit of additional depreciation under the above provision can be in the production of intermediary viz., pulp. We therefore, agree with the finding of the Tribunal and dismiss the Departmental appeal.
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2009 (3) TMI 1005 - CESTAT MUMBAI
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... ... ..... ssion and ratio of the above decisions, we find that the gold plating being undertaken by the appellants (sic) (respondents) is primarily and basically for the purpose of ornamentation of imitation jewellery. The imitation jewellery admittedly is manufactured by the principle manufacturer and sent to the appellants (sic) (respondents) only for the purpose of gold plating on job work basis. The goods after being plated by the appellants (sic) (respondents) are sent back to the principle manufacture. As already observed, jewellery remains jewellery only and no new product come into existence by plating already manufactured jewellery with gold by dipping process. As such, in the light of our foregoing discussion and in the light of the settled law on the issue, we accept the appellant’s (sic) (respondent’s) contention and set aside the impugned order (sic). The appeal is accordingly allowed with consequential relief to the appellants. (Pronounced in Court on 2-3-09)
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