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Case Laws
Showing 21 to 40 of 427 Records
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2003 (5) TMI 517 - DELHI HIGH COURT
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... ... ..... issue raised by the Revenue in the appeal does not survive for our consideration. However, relying on our observations in Bansal Credits Ltd.’s case (supra) to the effect that before granting depreciation at higher rate, it has to be examined whether the leased out vehicles are actually being used in the business of hire or not. Mr. Sanjeev Khanna, learned senior standing counsel for the Revenue, would submit that in the present case, without examining the said aspect, the Tribunal has directed grant of depreciation at a higher rate only on the ground that the vehicles had been leased out by the assessee. 4. We do not agree with learned counsel for the Revenue for the simple reason that no such plea was sought to be raised on behalf of the Revenue before the Tribunal. As a matter of fact, it was not even Assessing Officer’s case that the vehicles had not been used by the lessee on hire. 5. In this view of the matter, we decline to entertain the appeal. Dismissed.
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2003 (5) TMI 516 - DELHI HIGH COURT
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... ... ..... he Report. So far as CBI is concerned, the Committee forwarded six cases for investigation. It is pointed out that in two cases charge-sheets were filed by the CBI. In one case the matter was closed for want of evidence. So far as one case is concerned Report is submitted to the Court for closure of the case and in two cases departmental action has been suggested. Aforesaid actions have been taken by the various Departments and good amount of revenue has been recovered by the Finance Department either through customs or through the Income Tax Department. With regard to the some it is indicated that actions are pending and assurance is given by the respondents that actions will be completed within reasonable period in accordance with law. In view of this scenario we find no reason to keep the proceedings alive and we dispose of the same in view of the action taken by the various Departments. Writ petition and all pending applications stand disposed of with above observations.
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2003 (5) TMI 515 - RAJASTHAN HIGH COURT
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... ... ..... the interest of the revenue and, therefore, the CIT will be within his jurisdiction and power to revise such order to recoup the loss to the revenue. As already stated above, in the case of civil contractors, net profit rate of 8 to 10 is normally accepted and admitted, and, therefore, I would direct the Assessing Officer to apply a net profit rate of 10 in the case of the assessee-company subject to depreciation." 8. Considering the aforesaid finding of the CIT in an order under section 263 of the 1961 Act, it cannot be said that CIT has not found that assessment order erroneous and prejudicial to the interest of revenue. The Tribunal has committed error in allowing the appeal on the ground that no such finding has been given. As the appeal has not been considered on merits, we set-aside the order of Tribunal dated 12-12-2000 and remit the matter back to the Tribunal to decide the appeal of the assessee on merits. 9. The appeal is disposed of with the above directions.
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2003 (5) TMI 514 - ALLAHABAD HIGH COURT
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... ... ..... ital gains’ ?" 3. Similar question was considered in CIT v. Shashi Kumar Agrawal 1992 195 ITR 767 (All.) wherein it has been held that the profit from the sale of land after plotting it out to secure better price cannot be taxed as profit from an adventure in the nature of trade. 4. In view of the above decision, we answer the question referred to above in negative, i.e., it cannot be taxed as profit from an adventure in the nature of trade. 5. The Reference is accordingly disposed of. The parties shall bear their own costs.
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2003 (5) TMI 513 - RAJASTHAN HIGH COURT
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... ... ..... ng of fact, we agree with the view taken by the authorities below that firm M/s Shree Products is not genuine and the Tribunal was fully justified in assessing and taxing the income of ₹ 23,18,210 in the hands of the assessee Ram Jas Nawal and his two sons in equal shares. No interference is called for. 25. The second issue relates to addition on account of gifts. Considering the concurrent finding of AO and Tribunal that the gifts shown are not genuine, no interference is called for on the findings of the fact that the gifts in question are not genuine. So far the case of the assesses that gifts are shown in the regular books is concerned, when the gifts could not be assessed and also found non-genuine and offered for tax by the assessee, now there is no question of deleting that addition which has been made by the AO and confirmed by the Tribunal. 26. Considering the aforesaid facts, no case is made out for any interference in the appeal. The appeal stands dismissed.
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2003 (5) TMI 512 - JHARKHAND HIGH COURT
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... ... ..... eding is pending. Both the prosecution under Section 56 of FERA and adjudication proceeding are two separate aspects. In view of the finding above by this Court, the submission of the learned counsel for the petitioners can't be accepted. 14. It has been held in catena of decisions by various High Courts and this Court as well as the Apex Court that the Courts while appreciating the charges under Section 482, cannot examine the allegations made in the complaint meticulously and the falsity or truthfulness of the prosecution cannot be examined at this stage. This Court cannot substitute its own finding over the finding of the learned Special Judge whereby he has found prima facie case against the petitioners. 15. In that view of the matter I do not find any illegality or irregularity in the impugned order of the learned Special Judge, in taking cognizance of the offences as aforesaid. 16. In the result, there is no merit in this application. It is, accordingly, dismissed.
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2003 (5) TMI 511 - SC ORDER
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... ... ..... that it is open to the Government of India to change the policy in regard to grant of advance licence for natural rubber on duty free basis. If the Government of India thinks such interest of growers should be protected, it is for them to take an appropriate decision. On the facts of this case, we find no merit in this special leave petition and the same is dismissed.
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2003 (5) TMI 510 - SUPREME COURT
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... ... ..... htly taken instead of learning proper lesson. Hence there is a compelling need to take serious view in such matters to ensure expected purity and grace in the administration of justice. Before we part with these cases, we must observe that the misrepresentation made by the appellants in the SLPs supported by an affidavit require serious action but we refrain from taking any further action in view of the apology and regret expressed by the appellants during the hearing. But, we administer a warning to them to be careful in future and not to make any misrepresentation or false statement before any court and impose cost also. For the reasons stated and discussion made above, these appeals are dismissed but with cost of ₹ 10,000/- (Rs. 5000 to be paid by each of the appellants) in Civil Appeal No. 812 of 2002 and ₹ 5,000 in each one of the remaining appeals to be paid by the appellants which amount shall be deposited with the Legal Aid Committee of the Supreme Court.
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2003 (5) TMI 509 - SC ORDER
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... ... ..... Delay condoned. The appeal is dismissed.
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2003 (5) TMI 508 - SUPREME COURT
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... ... ..... scontinued the operation of the STD booth by himself. The Bar Council would certainly have taken a sympathetic view and would not have deprived the appellant of the source of his bread and butter and nipped in the bud the opportunity of blooming into an independent advocate to an apprentice. In our opinion, all the appeals filed by appellant deserve to be allowed and are allowed accordingly. The impugned orders of the Bar Council are set aside. The enrolment of the appellant as an advocate shall stand restored. So far as the civil writ petition is concerned, the vires of Section 48AA of the Act were sought to be challenged only on the ground that the provision was unworkable and unreasonable and, therefore, suffered from inherent infirmity. In view of the construction which we have placed on the language of Section 48AA, the challenge to the constitutional validity of the provision does not survive and the petition is held liable to be dismissed. It is dismissed accordingly.
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2003 (5) TMI 507 - SC ORDER
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... ... ..... ntitled Commissioner of Central Excise, Calcutta-IV v. M/s Pandit D.P. Sharma 2003 (154) E.L.T. 324 (S.C.) . On the ratio of that judgment, this appeal stands dismissed. There will be no order as to costs.
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2003 (5) TMI 506 - KERALA HIGH COURT
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... ... ..... matter as if that is an appeal filed by the assessee and the appellate order was confirmed. 4.. We have also heard the learned Government Pleader appearing for the respondent and had perused the orders of the Tribunal. The original appellate order would clearly show that the Tribunal has considered the said appeal as if it is one filed by the State and the Tribunal has considered the contentions taken by both the parties and had come to the conclusion that the order of the first appellate authority is just and reasonable. In these circumstances, we are of the view that the Tribunal was not justified in stating that the appeal filed by the State was originally so disposed as if it is an appeal filed by the assessee. In the circumstances, we are of the view that the Tribunal has wrongly invoked section 43 of the Act. Annexure D order is accordingly set aside and annexure C order is restored. This tax revision case is allowed in the manner as indicated above. Petition allowed.
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2003 (5) TMI 505 - ALLAHABAD HIGH COURT
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... ... ..... aler was taxed at item No. 3. Therefore, observation by the Deputy Commissioner (Executive), Trade Tax in the revisional order to that extent is not correct. 7.. From a perusal of the assessment order it is clear that the assessing authority did not assess the dealer on the purchases of raddi from the unregistered dealer. To that extent the order of Deputy Commissioner (Executive) is liable to be upheld. As regards other additions made on the turnover of petha, coal sand khandsari, etc., they are liable to be set aside as the Deputy Commissioner (Executive) while revising the order, had taken into consideration the statement of the dealer recorded during search and seizure operation by the Income-tax authorities. 8.. In the result the revision succeed and is allowed in part. The order of the Trade Tax Tribunal and of the Deputy Commissioner (Executive), Trade Tax dated February 20, 1991 and May 27, 1988 are set aside except for the turnover of raddi. Petition partly allowed.
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2003 (5) TMI 504 - ALLAHABAD HIGH COURT
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... ... ..... lear that price of ballast and costs of other charges had been separately charged between the assessee and the railways. Counsel for the assessee brought to the notice of this Court that in the agreement filed as annexure 4 to the revision, the cost of stone and freight have been separately charged. The authorities below have also not disputed the factual position that the freight was separately charged in the bills by the dealer. Attention was also invited towards 1990 76 STC 194 (All.) 1989 ATJ 808 (M.P. Traders v. Sales Tax Tribunal, U.P.). It was held that the order of the Tribunal holding that the freight which was separately charged is liable to be included in the taxable turnover of the assessee is erroneous. Reliance was placed upon Vinod Coal Syndicate 1989 73 STC 317 (SC) 1988 UPTC 218. 7.. Following the aforesaid decisions, both the revisions are allowed. It is held that the freight cannot form part of the net turnover of the assessee-applicant. Petitions allowed.
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2003 (5) TMI 503 - ALLAHABAD HIGH COURT
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... ... ..... ppellant had claimed the taxability on soda bicarb at the rate of 6 per cent treating the same as medicine). The only question in the present appeal is with regard to the taxability of soda bicarb , sold by the appellant. In view of the discussions made above, we are of the opinion that soda bicarb sold by the appellant is chemical, taxable at the rate of 8 per cent and the present appeal is liable to be dismissed. ORDER Appeal No. 263 of 1989 is allowed. The order dated February 3, 1989 passed by Deputy Commissioner (Appeal), Sales Tax, is set aside and the case is remanded to the assessing authority for passing a fresh assessment order in the light of directions given in the judgment according to law. Appeals Nos. 333 of 1990 and 568 of 1990 are hereby dismissed. In view of the above observation the trade tax revision is dismissed and the view and decision taken by the Trade Tax Tribunal are affirmed and the questions of law are dealt with accordingly. Petitions dismissed.
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2003 (5) TMI 502 - JHARKHAND HIGH COURT
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... ... ..... ircumstances of this case as no error has crept in the said observation on account of innocent inadvertence or accidental slip or due to typographical error. And last but not the least, the proceeding of C.W.J.C. No. 2857 of 2000 (R) stands terminated finally when the judgment dated May 10, 2002 Reported as Tin Plate Company of India Limited v. State of Bihar 2004 135 STC 385. was delivered and said writ petition was disposed of and it is not open to the court to reopen the proceeding by means of this miscellaneous application in the garb of modification or clarification in respect of a matter which provides a fresh cause of action failing which there would be a confusion and chaos and the finality of the said proceedings would cease to have any meaning. Viewed thus, this miscellaneous application is not at all maintainable and is fit to be dismissed. 13.. I see no merit in this miscellaneous application and the same is hereby dismissed but without costs. Petition dismissed.
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2003 (5) TMI 501 - KERALA HIGH COURT
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... ... ..... the case, we do not find any reason to interfere with the finding rendered by the two appellate authorities. Similarly, for the assessment year 1987-88 the assessing authority, on the basis of the stock variation in foreign liquor items, both excess and shortage, had made an addition of Rs. 1,75,000. The first appellate authority, having regard to the nature of the variation had reduced the addition to Rs. 1,00,000. The Tribunal had also independently considered the materials and found that having regard to the nature of the stock variation, the addition sustained by the first appellate authority is excessive and had reduced the addition from Rs. 1,00,000 to Rs. 50,000. In spite of our anxious consideration of the matter on the basis of the materials considered by the three authorities, we are unable to hold that any further relief is called for at our hands. In these circumstances, there is no merit in these three cases. They are accordingly dismissed. Petitions dismissed.
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2003 (5) TMI 500 - WEST BENGAL TAXATION TRIBUNAL
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... ... ..... judicial framework has been set up under the West Bengal Taxation Tribunal Act. The application should have been filed on behalf of the State of West Bengal, representated by the appropriate authority. 8.. Thus, on going through the impugned order and considering the submissions of both the sides, we do not find that findings made by the learned President of the Board are illegal. Hence it does not require any interference. In our opinion, the application is liable to be dismissed. The application is thus disposed of without costs. 9.. The learned State Representative prays for stay of operation of this order. The prayer is considered and rejected since we do not find any merit for staying the operation of the order as the Revenue is not going to be prejudiced in any way if the stay order is allowed to remain in force till the original application for revision is disposed of at the earliest possible convenience to safeguard the interest of the Revenue. Application dismissed.
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2003 (5) TMI 499 - KARNATAKA HIGH COURT
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... ... ..... t supposed to pervade the Constitution, but not expressed in words or discernible from the context. It is not permissible to limit the legislative power of the Legislatures by judicial interposition, except so far as the expressed words a written Constitution gives that authority to the court. Further, it is aptly stated therein that the law-making power of the State recognises no restraints, and is bound by none except such as or imposed by the Constitution itself placing reliance on the holding in Sill v. Village of Corning 15 NY 303. 21.. In conclusion, we do not think that the Karnataka State Legislature in enacting the impugned Amendment Act has exceeded its law-making power or contravened any of the provisions of the Constitution on the basis of which we could legitimately annul the impugned legislation. Therefore, we uphold constitutional validity of the impugned legislation. The writ appeals are, therefore, dismissed with no order as to costs. Writ appeals dismissed.
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2003 (5) TMI 498 - MADHYA PRADESH HIGH COURT
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... ... ..... this Court directed payment of differential tax of Rs. 4,51,087 and the same has been deposited. As the Tribunal has already set aside the order of assessment, the aforesaid amount is to be refunded to the assessee. The penalty proceeding and the payment ensuing therefrom are hereby quashed. 13.. The learned Senior Counsel made a prayer that a direction be issued to the department to pay the differential sum in all cases within a stipulated period. 14.. Mr. Ajay Kumar Mishra, learned Deputy Advocate-General, submitted that the amount be adjusted towards the future dues. 15.. Mr. Ravinder Narain assisting the learned Senior Counsel after obtaining instructions from the assessee fairly submitted that it has no objection if the amount due is adjusted towards the future tax within a stipulated period of one year commencing 1st June, 2003. 16.. The writ petitions are allowed to the extent indicated hereinabove. However, there shall be no order as to costs. Writ petitions allowed.
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