|
Advanced Search Options
Case Laws
Showing 141 to 160 of 202 Records
-
1994 (5) TMI 65 - CEGAT, NEW DELHI
Classification ... ... ... ... ..... formation regarding the nature and composition of the disputed product. Further as observed by us earlier, the appellants with the intention of misdeclaring the nature of the goods in the relevant Bills of Entry, had instructed the suppliers that they should not indicate in the relevant proforma invoices the correct description and classification of the goods. For these reasons, the demand made by invoking the extended period by the Collector is sustainable. 15. For the reasons outlined above, we are also inclined to agree with the learned JCDR on behalf of the Department that the appellants were liable for penalty under Section 112(a) of the Customs Act, 1962. In view of the foregoing, the appeal filed by the appellants is dismissed. We also allow the appeal filed by the Revenue and impose a penalty of Rs. 5 lakhs (Rupees Five Lakhs only) on M/s. Rajasthan Petro Synthetics Ltd. under Section 112(a) of the Customs Act, 1962. 16. Both the appeals stand disposed of accordingly.
-
1994 (5) TMI 64 - CEGAT, NEW DELHI
CLASSIFICATION ... ... ... ... ..... ecially designed for the construction of plant or machinery of Section XVI. (2) Refractory blocks and tiles for flooring, walls, hearths, etc. 5. From the above it is clear that the present goods which have a special property of high temperature resistance upto 1700oC and go in to form part of glass furnace, will fall within the ambit of sub-heading 6902.20 as silica refractory bricks and by the same logic, the classification of the goods under Chapter 70 CTA gets ruled out. Further, in order to bring the goods under Heading 70.16 CTA, the Department has also to show that the goods are glass articles obtained by pressing or moulding. There is no such evidence. The appellants have led sufficient evidences by way of textual authorities that the goods in question are special type refractories. In the result, there is a lot of substance in the appeal which is allowed, and it is held that the imported refractory bricks in this case are classifiable under Heading 6902.20 CTA, 1975.
-
1994 (5) TMI 63 - ITAT MADRAS-D
Depreciation On Building, Transfer Of Property ... ... ... ... ..... ment Grants Act, 1895. Thus the assessee in that case was held to be eligible for depreciation even though registered sale deed was not executed for the property transferred. This decision made an the difference between the case of Tamil Nadu Small Industries Development Corpn. Ltd. and the Tamil Nadu Agro Industries Corpn. Ltd. Further in the case of Tamil Nadu Agro Industries Corpn. Ltd the Government of Tamil Nadu by G.O. Ms. No. 2345 Industries Department dated 11- 11-1970 granted permission to the Neyveli Lignite Corporation to sell lignite House to the assessee subject to certain conditions. Therefore, that order of the Government could not be treated as a grant under section 2 of the Government Grants Act, 1895 so as to exclude the transfer from the purview of Transfer of Property Act, 1882. 7. On these facts and circumstances of the case, we uphold the decision of the CIT (Appeals) and reject the grounds taken by the revenue. 8. In the result, the appeal is dismissed.
-
1994 (5) TMI 61 - ITAT MADRAS-A
1961 Act, Actual Cost, Plant And Machinery ... ... ... ... ..... bunal held that in several other cases it had taken the view that the driver s salary, which has to be classified under the head wages cannot be part of the expenditure incurred for running and maintenance of a car. They further held that a purposeful application of section 37(3A) which was meant to discourage ostentatious and wasteful expenditure can only refer to variable expenditure and not to fixed expenditure. A driver has to be paid salary whether the car is running or not and whether it runs for longer distance or shorter distance. Therefore, the driver s salary cannot be regarded as a wasteful expenditure incurred for running a car so as to be considered for disallowance under section 37(3A) of the Act. Since the impugned order of the first appellate authority is quite in conformity with the decision of this Tribunal, we hold that his order does not call for any interference and that it has to be confirmed. 9. In the result, the appeal of the Revenue is partly allowed
-
1994 (5) TMI 59 - ITAT JAIPUR
... ...
... ... ..... disallowance at 1/4th out of total expenditure relating to motor cycle and and scooter, etc., as also depreciation at 1/4th on scooter and motor cycle be excluded. He accordingly directed the Assessing Officer to restrict the disallowance to 1/4th of the expenses relating to cars jeeps only. Similarly, he restricted the disallowance of depreciation relating to jeep and car at 1/4th only. At the hearing the learned counsel for the assessee could not dispute that the disallowance out of expenditure on motor cycle, scooter, car and jeep and proportionate disallowance out of depreciation thereof has been made in view of the disallowance made to that extent in earlier years. We thus find the other of the CIT(A) well justified on facts of the case. Accordingly we uphold his order regarding disallowance of 1/4th as also disallowance of depreciation at 1/4th, relating to cars and jeeps. 19. In the result, whereas Revenue s appeal is dismissed, the assessee s appeal is partly allowed.
-
1994 (5) TMI 57 - ITAT INDORE
Assessing Officer, Assessment Year ... ... ... ... ..... ugned assessment having been made by availing the extended limitation provided under section 153(1)(b) of the Act. In our considered views, it would be only academic to deal with the same, as the ITO did not fulfil the conditions precedent before expiry of normal period of limitation to avail the longer time limit for completion of assessment under section 143 or 144 of the Act as prescribed under section 153(1)(b) of the Act. 24. In the result the assessee succeeds in its quantum appeal. 25. In view of the fact that we have quashed the impugned reassessment order dated 20-3-1984, which formed the basis of imposition of the penalty of Rs. 1,10,000 for concealment of income and/or furnishing of inaccurate particulars thereof, the penalty order does not have any legs to stand. The ld. CIT(A) vide his impugned order dated 17-5-1988 has also cancelled the penalty. We uphold his order and accordingly reject the revenue s appeal. 26. In the result the revenue s appeal is dismissed.
-
1994 (5) TMI 56 - ITAT INDORE
Assessment Year, Limitation For Completing Assessment, Mercantile System, Revenue Receipt, Revised Return, Sales Tax, Small Scale Undertaking, Time Limit For Completion
-
1994 (5) TMI 55 - ITAT DELHI-E
... ...
... ... ..... ain we are of the view that even in law the provisions of s. 192 are not attracted when it is the responsibility of the assessee to pay taxes involved on remunerations paid to its employees. Its liability is only towards payment out of its own funds without affecting the packet of remunerations of the technicians, as per terms of approved agreement. Sec. 192 does not come into play as has already been held by Calcutta Bench, Madras Bench of the Tribunal and Andhra Pradesh High Court. Therefore, we are clearly of the view that the assessee could not be held as defaulter and charged interest under s. 201(1A). Interest charged is cancelled and the assessee s ground of appeal is allowed. 8. As regards Departmental appeal, the first two grounds of appeal do not survive in view of our order above and the third ground of appeal is also covered by our order above. 9. In the result, while the Departmental appeal is dismissed, the assessee s appeal is partly allowed as indicated above.
-
1994 (5) TMI 54 - ITAT DELHI-D
... ...
... ... ..... been given for coming to the conclusion that the disallowance was uncalled for which reasons equally apply to the present assessment year as well. For these detailed reasons, which are deemed as part of the present order, the disallowance made in this regard is deleted. 7. The next issue relates to shortage in liquid oxygen for which an addition of Rs. 85,655 was made. The disallowance was made on the basis that the shortage of percentage has gone upto 11.75 from 2.70. The assessee had not provided any satisfactory reason for the loss on account of shortage which compelled the authorities to disallow the claim. In our view, no interference is called for especially because the assessee did not bring in any material. 8. Ground Nos. 17 and 18 which relate to the direction given for allowing of unabsorbed depreciation, after working it out, and also in recalculating the interest leviable we do not think any interference is called for. In the result, the appeal is allowed in part.
-
1994 (5) TMI 53 - ITAT DELHI-B
... ...
... ... ..... discussing the various case laws, as cited by the learned authorised representative for the assessee, Shri Sampath, since the appeals are decided on their own facts and circumstances as also taking into account the conduct of the assessee more particularly CIT vs. Anwar Ali (1970) 76 ITR 696 (SC), CIT vs. Khoday Eswarsa and Sons 1972 CTR (SC) 295 (1972) 83 ITR 369 (SC), Mathura Prasad Agarwal vs. CIT (1977) 108 ITR 370 (SC), Anantharam Veerasinghaia and Co. vs. CIT (1980) 16 CTR (SC) 189 (1980) 123 ITR 457 (SC), CIT vs. Devi Dayal Aluminium Industries Pvt. Ltd. (1988) 72 CTR (All) 7 (1988) 171 ITR 683 (All), Mahadeshwara Movies vs. CIT (1983) 144 ITR 127 (Kar) as also various orders of the Tribunal as reported in ITO vs. Shashi Bhushan L/H of Tej Bhan (Deceased) (1988) 30 TTJ (Asr) 295, Jain Bros. vs. ITO (1987) 27 TTJ (All) 266 and Madan Gopal Bansal and Sons vs. IAC (Asstt) (1984) 19 TTJ (Del) 493. We, therefore, cancel the penalties levied and allow the assessee s appeals.
-
1994 (5) TMI 52 - ITAT DELHI-B
... ...
... ... ..... Rs. 5,000 each were not made on any ceremonial occasion, that the gifts were made only by two maternal uncles of Mrs. Meenu Chawla and not by all the four maternal uncles, that in the marriage of Smt. Meenu Chawla, each of her four maternal uncles, had only contributed a sum of Rs. 500 and that the two maternal uncles of Mrs. Chawla did not make any gift to their other maternal nephews. On the basis of the factual position discussed above, I do not think that the addition made by the ITO was well founded. The simple facts are that all the four relations made gifts of Rs. 5,000 each to Mrs. Meenu Chawla by means of drafts which were deposited by Smt. Meenu Chawla in her bank account after which an advance of Rs. 20,000 was made by her to the assessee-firm. Keeping in view the factual aspect of the matter, we agree with the finding given by the CIT(A) on this point. No interference is called for. This ground is hereby rejected. 23. In the result, both the appeals are dismissed.
-
1994 (5) TMI 51 - ITAT DELHI-A
... ...
... ... ..... the aforesaid income and the total receipts are subject to tax inIndia. In our view the CIT(A) has taken a correct view in coming to the conclusion that on the facts of the case provisions of s. 44AB are not attracted as the income in question cannot be stated to be one on account of business activities and in opining so, he has referred to the relevant clauses of the Double Taxation Agreement and there is no cogent argument on the part of the Department to enable us to take a view to the contrary. That apart, we are in further agreement with the view expressed by the CIT(A) that even if the provisions of s. 44AB were to apply the assessee could exercise a bona fide belief that these were not applicable especially when he had been receiving similar type of income for the last many years and ss. 44AB and 271B having come on the statute book only w.e.f. 1st April, 1985. In the final analysis, we uphold the order passed by the CIT(A). 11. In the result, the appeal is dismissed.
-
1994 (5) TMI 50 - ITAT DELHI-A
Foreign Technician ... ... ... ... ..... ent appeals it was in any way different. The crucial point to be considered is that for the period in question the services of the employees/technicians were placed at the disposal of the parent office to be utilised in any of the ways stipulated in the terms of employment. In other words, the employees were on call at any point of time for official purposes outside India. 18. Before we part with these appeals, we would like to refer to the letters of defect sent to the appellants pointing out that the appeals were barred by limitation by a period of 16 days. The assessees in their reply have stated that there is no delay whatsoever as due to a typing mistake, the date of receipt of order of the Commissioner of Income-tax (Appeals) had been mentioned as 10th June, 1989 whereas the correct date was 29th June, 1989. After considering the submissions of the appellants, we hold that the appeals are within time and there is no delay. 19. In the result, all the appeals are allowed.
-
1994 (5) TMI 49 - ITAT COCHIN
... ...
... ... ..... itled to infer that the whole show was, in fact, that of the assessee and that it would be proper to make an assessment in the hands of the assessee in his individual capacity. On the other hand, at the same time, in view of the existence of the partnership and the transactions done on its behalf, the assessee was entitled to entertain the bona fide belief that the income belonged to the firm and not to him. But for the purpose of purchasing peace he might have subjected himself to assessments in his individual status. The existence of a bona fide belief supported by the partnership deed, the bank account and the state of mind in which the transactions were done would certainly constitute reasonable cause for not finding the returns within time limit in the status of an individual. For all these reasons, we uphold the orders of the CIT(A) in having cancelled the penalty imposed under s. 271(1)(a) of the IT Act, 1961. 12. In the result, the Departmental appeals are dismissed.
-
1994 (5) TMI 48 - ITAT COCHIN
... ...
... ... ..... of his income or furnishing of inaccurate particulars of such income. The tax payable is an amount for which a demand notice is issued under s. 156. In the instant case, the total income assessed was a loss of Rs. 2,08,193 to be carried forward. Even if it is conceded that total income can be negative figure, the proposition that income assessed can be a negative figure cannot be conceded. The question of assessment will arise only when it is positive figure and then tax will become payable thereon. Only in such circumstances there will be an amount for which a demand notice can be issued under s. 156. (ii) The CIT(A) was, therefore, justified in holding that no penalty is leviable under s. 271(1)(c) if no tax is payable by the assessee and thereby cancelling the penalty of Rs. 20,690 levied by the ITO. For the reasons stated in the said decision with which we agree, we hold that no penalty is leviable in the case of negative income. 10. In the result, the appeal is allowed.
-
1994 (5) TMI 47 - ITAT COCHIN
... ...
... ... ..... ers. This is an incorrect approach. For all these reasons, we hold that the value placed on the goodwill by the authorities cannot be accepted. 6. In the light of our discussions, we hold that the ascertainment of the value of the assets based on the revalued figure of the assets after efflux of two years from the date of the transaction and failure to deduct the book value of the assets from such computation and the incorrect method in the computation of the goodwill cannot form the basis to ascertain the adequacy or inadequacy of the consideration received. Therefore, on facts also, we hold that it has not been established that the consideration received by the retiring partners and two of the continuing partners for parting with their rights in goodwill and capital appreciation of the firm was inadequate so as to attract the provisions of s. 4(1) of GT Act. For these reasons, we cancel the levy of gift-tax in each of these cases. 7. In the result, the appeals are allowed.
-
1994 (5) TMI 46 - ITAT BOMBAY-E
... ...
... ... ..... ident assessee is liable to tax even if the assessee is keeping its account on the cash basis in regard to its income. This decision has not taken into consideration the double taxation avoidance agreement between India and the Federal Republic of Germany, as there was no occasion to do that. It has merely explained the scope of s. 5(2)(b) of the IT Act and we have already observed earlier that there is apparent conflict between the provisions of s. 5(2)(b) of the IT Act and art. VIIIA of the treaty for avoidance of double taxation and we have also adverted to the accepted principle of interpretation that when there is such a conflict, the provisions of the treaty would have to prevail. In the light of this discussion, what emerges is that in the case of a non-resident, who is a resident of Germany, income arising to him in India by way of royalties or technical charges could be taxed in India but that could be only on the receipt basis. 5. In the result, appeal is dismissed.
-
1994 (5) TMI 45 - ITAT BOMBAY-E
Assessing Officer, Assessment Year, Bonus Shares, Capital Gains In Respect, Statutory Deduction
-
1994 (5) TMI 44 - ITAT BOMBAY-D
Assessing Officer, Assessment Year, Capital Gains On Sale ... ... ... ... ..... below section 53 as extracted above, it is obvious that in sections 53 and 54, etc., the figure of capital gains from which deductions envisaged in sections 53 and 54 are to be made would be the figure of capital gains prior to the deduction envisaged in section 48(1)(b). Viewed in this light, it is obvious that the computation attached to the return was contrary to the specific provision of the law and the computation made by the Assessing Officer was in accordance with law. If so, it is obvious that the mistake of law appearing on the face of it in the return was liable to be corrected under section 143(1)(a). The Assessing Officer has not touched any other figure. He has merely brought the sequence of deductions within the specific dictates of the law. No debatable aspect was left after the insertion of Explanation below section 53 as extracted above and the Assessing Officer was duty bound to make appropriate adjustments in that context. 8. Assessee s appeal is dismissed.
-
1994 (5) TMI 43 - ITAT BOMBAY-A
Assessing Officer, Assessment Order, Assessment Year, Orders Prejudicial To Interests, Sales Promotion
....
|
