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Showing 101 to 120 of 266 Records
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1983 (11) TMI 190 - CEGAT, NEW DELHI
Cinematograph laboratory ... ... ... ... ..... boratory rdquo . 6. ensp It has not been urged that the dubbing theatre of the Appellants in any way is different from those in the two cases, cited in support by the learned Advocate of the appellants. There is no good reason why the appellants rsquo dubbing theatre should not be treated as Cinematographic Laboratory, when these orders have not been challenged and have become final. It is also not urged by the respondent that if dubbing theatre is treated as cinematographic laboratory not all the articles imported by the appellants would get concession of the notification. All the articles imported by the appellants which the Central Board of Excise and Customs found to be one system for which dubbing would have therefore to be given the benefit of concession under the aforesaid notification. As a result, the appeal is allowed and the appellants rsquo claim for concession under the Notification No. 50-Cus., dated 1-3-1978 accepted with consequential refund to the appellants.
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1983 (11) TMI 189 - CEGAT, MADRAS
Licensing of gold Dealers ... ... ... ... ..... ntion has to be accepted and has been rightly taken into account by the Deputy Collector. rdquo He suggests that the detention has to be a valid one in that sense, whether there was a valid detention and hence the facts leading to the detention, would rightly be a matter for consideration by this Tribunal. 4. emsp Rule 2(ee) of the Gold Control (Licensing of Dealers) Rules, 1969 provides that in considering an application for the issue of a licence, whether the applicant has been detained under the provisions of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 has to be kept in view. Whether there was an effective detention or not, is a question of fact and this has been rightly taken into account by the Deputy Collector and noted by us in our order dated 27-8-83. The observation relates to our taking note of a fact, viz. the existence of a detention. In this view of the matter, we consider that no point of law is involved for reference to
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1983 (11) TMI 188 - CEGAT, NEW DELHI
Classification of goods ... ... ... ... ..... d the appeal was decided in 1980 in the absence of the catalogue. Even at the revision stage the catalogue could not be produced. Extracts by way of photo copies were furnished in 1981 along with a technical write-up. No good reason has been shown why these documents were not filed before the authorities. Even if there was only one copy of the catalogue, a suitable request ought to have been made assuming photo copies could not have been made available. It is not for the Tribunal to wade through this mass of belatedly supplied documents to establish the appellants rsquo claim. Besides, from the invoice/BE it is noticed that the goods were classified on merits under their respective headings. It was for the appellants to produce necessary evidence and correlate the goods and rule out the possibility of general use and this they failed to do and they have themselves to blame. In the circumstances, no interference with the order is called for. The appeal is, therefore, rejected.
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1983 (11) TMI 172 - ITAT PUNE
Debt Owed, Hindu Law, Immovable Property, Mining Lease, Movable Property, Net Wealth ... ... ... ... ..... t in the case of CWT v. H.H. Maharaja Vibhuti Narain Singh 1979 117 ITR 246, while in the following cases a contrary view has been taken---CWT v. Binapani Chakraborty 1978 114 ITR 82 (Ori.), CWT v. Aditya Vikram Birla 1978 114 ITR 711 (Cal.) and CWT v. Smt. Sonal K. Amin 1981 127 ITR 427 (MP). The departmental representative seeks to draw support for his case from the ruling of the Bombay High Court in the case of CWT v. Rasesh N. Mafatlal 1980 126 ITR 173. We find that the issue which arises before us on this point, i.e., in regard to the correct interpretation of Explanation 1 to section 5(1)(viii) concerning the scope of the term jewellery as inclusive of ornaments within the meaning of these provisions did not arise in the case before the Bombay High Court at all. That ruling, therefore, is of no assistance whatsoever to the department and the contention is rejected. 18. In the result, all the departmental appeals may be treated as partly allowed for statistical purposes.
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1983 (11) TMI 169 - ITAT MADRAS-D
Transfer Of Assets, For Benefit Of Spouse Or Minor Child ... ... ... ... ..... ason that the provisions of law should be harmoniously construed and made them workable and not otherwise. Explanation 1 is only clarificatory in nature and it can be presumed that it was the intention of the law even before such amendment as it contemplates only the procedure of clubbing and not clubbing itself. The law as has been rightly contended by the learned counsel for the department has been in favour of clubbing of income arising to spouse or minor children of individual and only in case both the spouse and husband earning income the Explanation gives clarification in this regard. In any case, on the substantial issue we hold that the ITO was justified in clubbing the income under section 64(1)(ii) as the assessee has greater income than his spouse. In this view of the matter, therefore, we set aside the order of the AAC and restore the order of the ITO clubbing the income of Smt. Savitha Balakrishnan under section 64(1)(ii). 5. In the result, the appeal is allowed.
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1983 (11) TMI 167 - ITAT MADRAS-C
... ... ... ... ..... opinion is Form NO. 28, and that in absence of correct form, the payment will be ignored. The challans used were advance-tax challans and were credited to Government account as such as per description in the challan. If the receipt is characterised as advance-tax receipt in challan and in Government accounting, we do not see how it could be treated as otherwise for purpose of levy of interest. We find that there is substantial compliance on the part of the assessee with the requirements of s. 209A in the view that the assessee was liable under it, though such a view itself may be disputed. We find no jurisdiction for levying interest on amounts lying with the Government especially in the facts and circumstances of assessee rsquo s case, No doubt this is the view of the first appellate authority when he rather strongly described the ITO rsquo s action in this regard as a travesty of justice . We fully agree with him. We find no merit in this appeal and dismiss it accordingly.
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1983 (11) TMI 165 - ITAT MADRAS-C
Advance Tax, Late Filing ... ... ... ... ..... m No. 28 and that in absence of correct form, the payments will be ignored. The challans used were advance tax challans and were credited to the Government account as such as per description in the challan. If the receipt is characterised as advance tax receipt in challan and in the Government accounting, we do not see how it could be treated as otherwise for purposes of levy of interest. We find that there is substantial compliance on the part of the assessee with the requirements of section 209A in the view that the assessee was liable under it, though such a view itself may be disputed. We find no justification for levying interest on amounts lying with the Government especially on the facts and in the circumstances of the assessee s case. No doubt this is the view of the first appellate authority when he rather strongly described the ITO s action in this regard as a travesty of justice . We fully agree with him. We find no merit in this appeal and dismiss it, accordingly.
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1983 (11) TMI 162 - ITAT MADRAS-B
... ... ... ... ..... tandard deduction to Rs. 1,000 as was done by the ITO. In the absence of any specific provisions of law in this regard, we are of the opinion that the order of the AAC is not justified in law and in the facts and in circumstances of the case. The Tribunal in the case of Shri S. Govindarajan, cited supra, has held that pro rata standard deduction is permissible if there is change of employment within the previous year. Applying the same reasoning and extending the principle to two independent employment rsquo s during the previous year, there is no reason for not granting the statutory standard deductions provided for each employment and restricting it to Rs. 1,000 by treating both as one employment. In this view of the matter, therefore, we set aside the orders of the authorities on this limited issue and reverse their decision on the question of standard deduction and direct the ITO grant the standard deduction claimed by the assessee. 5. In the result the appeal is allowed.
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1983 (11) TMI 159 - ITAT MADRAS
In Part, Legal Representative, Partnership Deed, Principal Value Of Estate ... ... ... ... ..... d provides for continuance of business by the surviving partners. In this decision the Punjab and Haryana High Court has dissented with the view of the Gujarat High Court in Smt. Mrudula Nareshchandra v. CED 1975 100 ITR 297. The above decision of the Gujarat High Court was again followed by the same Court in Babubhal Harjivandas case. The said two decisions of the Gujarat High Court support the case of the accountable person. 5. We prefer to follow the decisions of the Madras High Court and the Punjab and Haryana High Court in preference to the decision of the Gujarat High Court. Following the above decisions, we hold that the entire interest of the deceased at the time of her death including the goodwill and the surplus on revaluation of the assets passed on her death and, therefore, they are liable to be included in the principal value of the estate of the deceased. Thus we uphold the order of the Commissioner (Appeals). 6. In the result, the appeal fails and is dismissed.
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1983 (11) TMI 157 - ITAT JAIPUR
... ... ... ... ..... income of the said property cannot be assessed as the income of the assessee. In the premises we answer the question in the affirmative and in favour of the assessee . It follows from the view expressed by the High Court that under Dayabhaga law also a person having the separate property can throw the same into the common stock and that the separate property having been impressed with the character of the HUF, income therefrom could not be included in the assessment of the individual, but that can be included only in the assessment of the HUF. This being the legal position, we have no hesitation in accepting the alternative submission of Shri Vashistha that the deceased had legally impressed his separate property with the character of HUF property under Dayabhaga Law and that from the date of declaration viz., 5th May, 1969 onwards, the property in question became the HUF property. For the reasons, we uphold the conclusion of the Appellate Controller. The appeal is dismissed.
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1983 (11) TMI 156 - ITAT JAIPUR
... ... ... ... ..... ITO neither disclosed the reasons to the assessee nor these are available on record of the ITO nor even produced during the course of hearing before the Appellate Tribunal. In such circumstances, it has to be held that the ITO has not recorded any reasons before issuing notice u/s 148 for making reassessment of the income of the assessee for the asst. yr. 1974-75 under appeal. Subs. (2) of s. 148 for the IT Act clearly envisages that the ITO shall before issuing any notice under this section record his reasons for doing so. Recording of reasons by the ITO before issue of notice is, therefore, mandatory on the part of the ITO. Since, this has not been done, we hold that the issue of notice by the ITO u/s 148 was without jurisdiction and bad in law. Consequently, we have no hesitation in sustaining the order of the CIT(A) holding the assumption of jurisdiction by the ITO as invalid and consequently deleting the addition made by the ITO. 3. In the result the appeal is dismissed.
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1983 (11) TMI 155 - ITAT JAIPUR
... ... ... ... ..... They have not gone into the merits of the case. We having taken the view that the appeals are not invalid but merely irregularity has arisen in that in the titles of the appeal name of the appellant rsquo s husband has been wrongly mentioned, the CIT/CWT (A) will order the appellant to remove such defect occurring in the title in the form of the appeals within the period specified by them and then they will dispose of the appeals on merits. 8. As similar defect has also occurred in the appeals, which have heard by us, we direct the appellant to correct the title and substitute the name of her husband by her own name in the title in the form of appeal within 8 days from the date of the receipt of the order. When the defect is rectified, the registry will bring it to our notice to enable us to amend the title of the Tribunal rsquo s order. If the defects are not removed, then all the appeals will stand dismissed for non-prosecution. 9. In the result all the appeals are allowed.
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1983 (11) TMI 154 - ITAT JAIPUR
Appellate Assistant Commissioner, Assessment Proceedings, Assessment Year, Reassessment Proceedings
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1983 (11) TMI 153 - ITAT JAIPUR
Appellate Assistant Commissioner, Best Judgment Assessment, Proper Notice ... ... ... ... ..... and, therefore, it was held that the reassessment made under section 147 could not be held to be valid. This authority squarely applies to the instant case. Shri Saxena relied on Gaurishanker Kedia v. CIT 1963 49 ITR 655 (Bom.). No doubt, this authority fully supports the viewpoint of the revenue. But on the interpretation of sections 146 and 246(c) and following Y. Narayana Chetty s case and Jayanthi Talkies Distributors case, we hold that the Commissioner (Appeals) was right in cancelling the assessment on the ground that there was no proper service of the notice under section 139(2). Even otherwise when two conflicting views under Gaurishanker Kedia s case and Jayanthi Talkies Distributors case are available, we follow the latter and dismiss the revenue s appeals. 4. The corollary of our finding is that the other appeals of the revenue filed against the orders under section 271(1)(a) and section 273 cannot succeed. 5. In the result, all the appeals fail and are dismissed.
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1983 (11) TMI 152 - ITAT JABALPUR
... ... ... ... ..... dy against the advances taken from the financing corporation. The expenses incurred by the assessee in those circumstances would be similar to the expenses incurred for getting loans. The Supreme Court has pointed out in India Cements Ltd. v. Commissioner (1966) 60 ITR 52 (SC) that the expenses incurred in floating debentures are allowable. A similar view has been taken in the case of C.T. Desai v. Commissioner (1979) 120 ITR 240 (Kar). In fact, the Bombay High Court has held that stamp duty and brokerage expenses incurred in obtaining a 98 years lease was an allowable expenditure. Please see their decision in Commissioner v. Khandelwal Mining and Ores Pvt. Ltd. (1983) 140 ITR 701 (Bom). For these reasons, we hold that the assessee is entitled to the deduction. 9. The last ground is a disallowance of Rs. 1000 out of miscellaneous expenditure. After hearing the parties, we are of opinion that this disallowance will be confirmed. 10. In the result, the appeal is partly allowed.
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1983 (11) TMI 151 - ITAT JABALPUR
... ... ... ... ..... nk account. The accumulated balances and the interest thereon have been found to be relatable to the house property in Bombay standing in the assessee rsquo s wife name. The Tribunal in the IT appeal in ITA No. 280/Jab/79 had held that the assessee is the real owner. As a consequence of this finding, the addition of these amounts paid to the asst. yr. 1970-71 will have to be upheld. However, from the asst. yr. 1971-72, there is a different facts to be considered. This property has now been declared to be a gift to the assessee rsquo s wife. This gift has been accepted to be genuine by the Department. As a consequence, the Department has not included the value of the property from the year 1971-72 onwards. As a consequence, the amounts standing to the credit of the wife in the bank account is also gifted. Therefore, these amounts will not be includible in the Wealth tax assessments from the year 1971-72 onwards . 5. The miscellaneous application is allowed, as indicated above.
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1983 (11) TMI 150 - ITAT JABALPUR
... ... ... ... ..... uo . The assessee has placed on our file as page 7 of assessee rsquo s paper book, a chart in relation to asst. yrs. 1975-76, 1976-77 and 1977-78 showing total sales, G.P. amount G.P. rate sales estimated G.P. worked out and G.P applied, together with the final effect with the orders of the appellate authorities and Shri Nema, the ld. counsel has pointedly drawn our attention to order dt. 23rd July,1983 made in relation to asst. yrs. 1975-76 to 1977-78 in ITA Nos. 407/Jab/80, 531/Jab/1981 and ITA No. 24/Jab/83 of the ITAT, Jabalpur Bench, Jabalpur. The ITAT has since accepted the appeals of the assessee as also the stand that the results declared by the assessee merit to be accepted. Following the said order of the ITAT we do hold that even on merits, the addition in the trading results was not justified. The trading results declared by the assessee for both the periods merit to be accepted. We hold accordingly. 4. The net result is that the appeal succeed and stands allowed.
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1983 (11) TMI 149 - ITAT JABALPUR
Assessment Year, Rectification Of Mistakes, Valuation Officer, Valuation Report ... ... ... ... ..... a) and 35(6A) of the Act. Therefore, even on this basis, the third order cannot be given the status of legality i.e., as an order rectifying the orders passed u/s 16A(5) on 28.6.1985 and 3.2.1986 . 14.11 We are, therefore, of the view that the second and the third order of valuation dated 3.2.1986 and 22.12.1986 are not legally made valuation report and, therefore, they could not have been made the basis for the wealth-tax assessments of the assessees. This leaves the order dated 28.6.1985, which is a legal order u/s 16A(5) which was legally binding on the WTO and by virtue of the provisions contained in section 16A(6) the WTO should have adopted the value as per this report and completed the assessment. The non-adoption of this report is a procedural error committed by the WTO, has been sought to be corrected by the Deputy Commissioner of Wealth-tax (Assessment) by so directing the WTO, we see no infirmity in this direction of the Dy. CWT(A). 14.12 The appeals are dismissed.
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1983 (11) TMI 148 - ITAT HYDERABAD-B
Income From House Property ... ... ... ... ..... 2,500 per month and such income would be assessable under the head Income from house property in the hands of the assessee. Since the assessee has an arrangement with Drill Rock Engg. Co. (P.) Ltd. they would pay municipal taxes. The only deduction which the assessee would get from the gross annual income of Rs. 30,000 would be one-sixth for repairs, i.e., Rs. 5,000 and the assessable income in the hands of the assessee would be Rs. 25,000. The question of allowing any deduction in the hands of the assessee for rent paid by the assessee to trust cannot arise since income assessed is only under the head Income from house property . The ITO would revise the assessment of the assessee substituting the income of Rs. 25,000 for each of the years for the income assessed of Rs. 39,000 and such income would be assessed under the head Income from house property . 7. The result is the contention of the assessee raised in the grounds of appeal is accepted and the appeals stand allowed.
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1983 (11) TMI 147 - ITAT HYDERABAD-B
A Firm, Estate Duty, Legal Representative, Life Insurance, Property Passing On Death ... ... ... ... ..... ld that there is no justification to further reduce the values of the fixed assets of these firms at the values noted in the balance sheet. We hold that the market value of these assets as on the date of death, namely, on 5-6-1977 would be higher than either the cost price or the cost of the construction price of these assets. Further, the cost of construction estimated as on 31-3-1974 by the departmental valuer/approved valuer has not taken into consideration the furnitures and fittings connected with these assets. We also hold that depreciation was allowed even regarding the land. We took judicial notice of the fact that since 1975, the sites and buildings and values of other assets in cities like Hyderabad and Madras are very much appreciated. Taking all these into consideration the increase of value by one-fifth, as ordered by the Appellate Controller, is quite justified and cannot be interfered with. 26. In the result, both these appeals are deemed to be allowed in part.
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