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Case Laws
Showing 81 to 100 of 211 Records
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1979 (11) TMI 131 - ITAT INDORE
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... ... ..... B . Reliance was placed upon a judgment of the Bombay High Court in CIT vs. Pressure Piling Co. (India) Pvt. Ltd.(1), and a judgment of the D Bench of the Tribunal at Delhi in M/s Manocha Bros. Pvt. Ltd. New Delhi vs. ITO Co. Circle, New Delhi(2), and it has been argued that the process employed by the assessee amounted to a manufacturing process. Since the ITO and the AAC had no opportunity to examine the correctness of the process mentioned in Annexure A or to verify the other facts, namely, the use of power or the number of persons employed, we are unable to say anything about this ground but as the case is already being sent to the AAC for disposal of the assessee s objection regarding the addition to the G.P., we direct that this ground shall also be examined afresh in the light of the aforesaid contentions of the assessee and the deduction allowed if the conditions under s. 80-J are otherwise fulfilled. 9. In the result, both these appeals are accepted in part as above.
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1979 (11) TMI 130 - ITAT GAUHATI
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... ... ..... partment to establish prima facie by producing some evidence that the assessee is liable to payment of penalty for default to file an estimate of the advance-tax payable by him in accordance with the provisions of sub-s. (3A) of s. 212, by conscious disregard of the provisions of law. If there is no evidence on the record except the explanation given by the assessee, which, of course, has not found favour with the ITO, it does not follow that the default automatically attracted a penalty. 11. The assessee, on the facts and in the circumstances of the case in appeal before us, was under a bona fide belief and initial onus which squarely lay on the Department has not been discharged by it, as such considering all the facts of the case, we are of the opinion and do hold that the facts of the case did not warrant and attract imposition of penalty with the result that the orders of the lower authorities on this count are quashed, the appeal by the assessee succeeds and is allowed.
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1979 (11) TMI 129 - ITAT GAUHATI
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... ... ..... he case of Addl. CWT vs. Babulal K. Shah and Another(1). 6. We have taken into account the contentions and arguments of both the sides. We find that the finding of the AAC that the filing of the WT return was delayed due to the late filing of the income-tax returns of the assessee, has not been controverted. We find also that in addition to landed properties the assessee owned also movable assets. The gross value of the assets as per balance sheet was more than Rs. 1,69,000. We find that the case of the assessee is similar to the case dealt with by the Hon ble High Court mentioned above. Having regard to the ration of the above decision with reference to the facts of the case before us for the above two years under appeal, we find that there was a reasonable cause for the assessee to file the WT returns late and for which no penalty was called for. In this view of the matter, the consolidated order of the AAC stands confirmed. 7. In the result, both the appeals are dismissed.
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1979 (11) TMI 128 - ITAT GAUHATI
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... ... ..... from the list that there are various minor items like 12-bore double-barrel gun, one number purchased in 1955 and has been shown at Rs. 1,100. The other minor items are dinning table, matress, carpet etc. By no stretch of imagination, the above listed goods can be said to be not entitled to exemption as personal goods under the above section of the WT Act. In this view of the matter, we find that there is no justification for the above inclusion of the items in the computation of the net wealth of the assessee. We, therefore, confirm the order of the AAC on this point. 3. In the result, the appeal is dismissed.
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1979 (11) TMI 127 - ITAT COCHIN
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... ... ..... f AOP. The asst. would continue to be made as a registered firm. We also set aside his finding that income from royalty is to be assessed under the head other sources . It will be assessed under the head business . His finding that dividend income should be assessed under the head other source would stand and the ITO would give effect to that direction and would re-work the total income. 16. The assessee has in the additional grounds submitted that even if there was no firm the income from royalty and dividend should not be assessed in the hands of AOP and in any event the royalty received would be only capital in nature having regard to the pronouncement of the High Court in the case of the company. The learned departmental representative opposed to our going into the additional grounds now. In the view we have taken on the original grounds filed it is not necessary for us to go into these additional grounds. The result is that the appeal of the assessee is allowed in part.
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1979 (11) TMI 126 - ITAT CALCUTTA-B
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... ... ..... initiation of the proceedings and issuance of show cause notice. For however, when the matter was brought to the notice of the ITO that there was no default so far as s. 212(3) is concerned, the ITO should have allowed an opportunity to the assessee for the default for which he wanted to impose the penalty under s. 273(c) of the Act. It is correct that though the penalty has been imposed under s. 273(c), but no opportunity was allowed to the assessee for explaining its conduct. Under the above circumstances, after taking into consideration the facts of the case and several decisions cited by the assessee and the decision cited by the Department in 41 ITR 12 (SC), it is concluded that the penalty order which was passed by the ITO without allowing an opportunity of being heard for the default was illegal. Consequently, the orders of the authorities below are set aside and the ITO is directed to refund the penalty, if already collected. 7. In the result, the appeal is allowed.
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1979 (11) TMI 125 - ITAT CALCUTTA-A
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... ... ..... that the WT authorities should have accepted the value of the assessee s share in the aforesaid properties as shown by the assessee. Further, we may also mention that looking to the age of the properties in question as well as number of tenants residing in the said properties on a paltry rent of as low as Rs. 5 per month, there is no justification to adopt a higher multiple of of 14.28 than what was adopted by the assessee s valuer. The submissions made on behalf of the DVO, prima facie, appear to us quite impressive. However, on the facts and circumstances obtaining in the present appeals, it is difficult to imagine the value of the aforesaid properties higher than what is shown by the assessee s valuer. We would, therefore, direct the WTO to substitute the value of the assessee s share in the aforesaid properties at Rs. 1,52,500 in place of Rs. 2,17,625 worked out by the WT authorities and modify the assessments accordingly. 6. In the result, both the appeals are allowed.
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1979 (11) TMI 124 - ITAT BOMBAY-C
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... ... ..... ner of the assessee firm who had lent money to the firm and had also borrowed money from it, as a case of double entry and treated the balance alone as the amount either borrowed by him from or lent by him to the firm, as the case might be, and after having made this adjustment they disallowed all interest paid by the firm to such a partner by reason of the provisions of ss. 10(2)(iii) and 10(4)(b), while in the case of a partner, who had borrowed more than he had lent, the excess amount paid as interest was treated as profits of the firm Held, that the appellate Tribunal had treated the assessee firm fairly . In the facts of the case under our consideration, the partners who have been paid interest and partners who have been charged interest are absolutely different and, therefore, the contention of the assessee could not rightly be eduitted. The Revenue, therefore, succeeds on this ground. 15. In the result, both the appeals of the assessee and Revenue, are partly allowed.
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1979 (11) TMI 123 - ITAT BOMBAY
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... ... ..... and in respect of the payment for purchase of cement, the assessee s contention is similar to the claim for the earlier year. In our order for the earlier year, we have accepted the assessee s contention that r. 6DD(j) applied to these payments and following our order for that year, we delete the disallowance or addition in respect of these two payments. In respect of the payment to labour contractor also, the assessee s case is that the labour contractor insisted on the payment in cash as it was urgently required for disbursement to labourers and this is supported by a certificate from the said labour contractor D.N. Mistry and Sons. As a matter of fact, the payment has been made by bearer cheque. In all these cases that identity of the persons have been established and we, therefore, delete the additions, of the expenditure represented by these payments. 8. In the result, the appeals for the year 1972-73 and 1975-76 are allowed while for the year 1973-74 is partly allowed.
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1979 (11) TMI 122 - ITAT AMRITSAR
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... ... ..... rs who were paid a total salary of Rs. 9,000 and director s fee of Rs. 13,000. The ITO allowed only Rs. 2,200 i.e. 1/10th of the total payment. The reason for disallowing this amount by the ITO is that during the year no business was conducted by the limited company and as such the payment of both salary and director s fee were excessive. We find that the assessee is a partner in two different registered firms from which it had derived income to the tune of Rs. 85,004. It is submitted by the ld. counsel that though the company as such was not doing any business but the directors of the company were looking after the interest of the company in the two registered firms in which the company was a partner. In other words, these directors were looking after the business of the registered firms. Further, we do not think that the payment of Rs. 22,000 to the three directors was excessive. In view of these facts, the order of the learned AAC is confirmed. 4. The appeal is dismissed.
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1979 (11) TMI 121 - ITAT AMRITSAR
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... ... ..... relating to one of the clauses of s. 147 and discard the facts relating to the other clause of s. 147. Assuming that there is information within the meaning of s. 147(b) the fact remains that the ITO clearly made observations which are relevant only to cl. (a) of s. 147. In these circumstances the order of the ITO cannot be upheld saying that all ingredients of cl. (b) of s. 147 are fulfilled. Whereas we agree with the AAC that action was taken by the ITO under cl. (a) of s. 147, we do not agree with her that action under s. 147(a) was validly taken by the ITO. 5. For the reasons, we hold that the action of the ITO cannot be justified under cl. (a) of s. 147. No reasons have been given by the AAC to justify the action of the ITO under that provision. The re-assessment proceedings are, therefore, null and void. The assessee having succeeded on the legal objection, we do not enter into the merits of the valuation of the property. 6. In the result, both the appeals are allowed.
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1979 (11) TMI 120 - ITAT AHMEDABAD-B
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... ... ..... ding to the customs and traditions of the community. In reply of the question put by the ITO the brother-in-law of the assessee stated on 9th Jan., 1978 that between 1946 to 1956 his father was doing business in tobacco and joggery on who lesale basis at Indore and at various other places in U.P. and M.P. In reply to the other question in was stated that ornaments which were purchased and not given to elder sister in 1950 were given to the wife of the assessee and that this was about 80 to 85 tolas. It was also staed tat it was the assessee s brother-in-law s own knowledge that about 80 to 85 tolas of gold ornaments were given to the wife of the assessee at the time of her marriage. On the facts of this case, we are satisfied that the gold ornaments and jewellery valued at Rs. 46,300 were not purchased from the undisclosed income of the assessee. 18. In the result, the order of the AAC on this point is confirmed. The appeal being ITA No. 252/AHD/78-79 fails and is dismissed.
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1979 (11) TMI 119 - ITAT AHMEDABAD-B
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... ... ..... ding to the customs and traditions of the community. In reply of the question put by the ITO the brother-in-law of the assessee stated on 9th Jan., 1978 that between 1946 to 1956 his father was doing business in tobacco and joggery on who lesale basis at Indore and at various other places in U.P. and M.P. In reply to the other question in was stated that ornaments which were purchased and not given to elder sister in 1950 were given to the wife of the assessee and that this was about 80 to 85 tolas. It was also staed tat it was the assessee s brother-in-law s own knowledge that about 80 to 85 tolas of gold ornaments were given to the wife of the assessee at the time of her marriage. On the facts of this case, we are satisfied that the gold ornaments and jewellery valued at Rs. 46,300 were not purchased from the undisclosed income of the assessee. 18. In the result, the order of the AAC on this point is confirmed. The appeal being ITA No. 252/AHD/78-79 fails and is dismissed.
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1979 (11) TMI 118 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Search warrant - Validity of - Prosecution ... ... ... ... ..... d from the shop has not been established beyond any reasonable doubt. 8.So far as the recovery of watches and Straps from Amarjit Singh respondent is concerned, it might be added that he was apprehended immediately after he had come out from the house of his grand-father Nirmal Singh and the watches were in fact found from his possession but he was a young boy of 13 years at the time of this incident, for ought we know any member from the family of his grand-father might have asked him to carry those watches to any other place without disclosing to him that they were imported watches. 9.In view of the aforementioned circumstances, we are constrained to affirm the finding recorded by the learned Chief Judicial Magistrate but would like to add that proper evidence had not been collected and produced in this case and the oral evidence is fraught with some discrepancies which have been noticed by the learned trial Magistrate. This appeal deserves to fall and we order accordingly.
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1979 (11) TMI 117 - HIGH COURT OF JUDICATURE AT MADRAS
Rule 10A of the Central Excise Rules, 1944 ... ... ... ... ..... ance, Department of Revenue and Insurance, New Delhi and two others (W.P. No. 268 of 1973 and 419 of 1970)-1973 Tax. L R. 2213 has struck down the above rules. The learned Judge following the said Bench decision has allowed the present writ petition. 2. The learned counsel for the appellants contends that at the relevant time, there was a provision in the Statute that the rules will have effect as if enacted in the statute and that aspect was not considered by the Bench of this Court in the above cases and, therefore, on that ground we should admit the appeal. 3. It is not necessary for us to see whether the Bench has considered this aspect of the case on the earlier occasion or not as a Bench of this Court has rejected a similar contention concerning the Madras General Sales Tax Act, 1939 in In re M.P. Kumaraswami Raja (1955J6 S.T.C. 113). Under these circumstances, there is no ground to interfere with the orders of the learned Judge and the appeal is, therefore, dismissed.
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1979 (11) TMI 116 - HIGH COURT OF DELHI AT NEW DELHI
Customs exemption - General & special exemption - Distinction between - Excise duty - Classification
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1979 (11) TMI 115 - HIGH COURT OF KARNATAKA AT BANGALORE
Excess production scheme - Exemption notification ... ... ... ... ..... iew I have taken on the main contention and therefore I refrain from expressing any opinion in regard to these submissions. 11. There is a further prayer in this writ petition that the respondents have withheld a sum of Rs. 60,555.19 out of the claim that had been made in a sum of Rs. 6,93,249.62 and there should be a direction to the respondents to pay that amount. It would appear that his involves a calculation which the department would have to make and ascertain if the total claim made was correct or not. The petitioner will be at liberty to pursue that matter with the department in regard to this claim. 12. For the reasons stated above, the petitioner is entitled to succeed. Accordingly, the rule is made absolute and the demand made as per Exhibit D dated 14-11-1975 is quashed. In consequence of the rule being made absolute, the liability under the bank guarantee given in compliance of the interim order of this court, will also lapse. Parties shall bear their own costs.
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1979 (11) TMI 114 - GOVERNMENT OF INDIA
Service of Order by Registered Post - Non-receipt of 'acknowledgement due' - Effect ... ... ... ... ..... med by the Assistant Collector in his order dated 20-5-1977. The doctrine of lapse is clearly applicable to the facts of this case and it operates against the party. Incidentally, the Appellate Collector was not justified in treating the Assistant Collector s order dated 20-5-1977 which was a mere reiteration of the earlier order of Assistant Collector, Ludhiana dated 3-6-1974 as an independent appealable decision by ignoring the order dated 3-6-1974, which alone could constitute the subject matter of appeal, the only controversy being with regard to the date of its service. If the Appellate Collector considered the order dated 3-6-1974 was served or made known to the party subsequently, and that the appeal was in time with reference to that date, he should not only in all appropriateness have given his findings in this behalf but also have gone into the merits of that order dated 3-6-1974 rather than order the Assistant Collector to examine the refund de novo on its merits.
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1979 (11) TMI 113 - HIGH COURT OF MADRAS
Molten aluminium - Liability to duty - Properzi rods - Liability to duty - Duty paid under mistake - Writ jurisdiction
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1979 (11) TMI 112 - HIGH COURT OF MADRAS
Thread roll dies and knurl dies - Classification - 'Small tools' ... ... ... ... ..... e special shape or quality, which would not be essential for any other purpose. When once this test is satisfied, then the goods imported would not fall under the exclusion clause of item 72(3) As I have arrived at the conclusion, for the reason stated above, that the thread rolling dies imported by the petitioner herein are not small tools but are component parts of the Tsugami Thread rolling machine, essential for its working, being made under particular specification and size, I hold that these goods would fall only within the first part of item 72(3) and not under its exclusion clause so as to be brought within item 71(a). 12. In the result, the impugned orders of the Government of India in all these writ petitions are quashed and the petitioners are allowed with costs. The Customs authorities are directed to refund the differential duty collected from the writ petitioner firm in excess, in accordance with their refund applications. Costs one set Counsel s fee Rs. 250/-.
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