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Case Laws
Showing 81 to 100 of 205 Records
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1980 (7) TMI 125 - ITAT BOMBAY-E
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... ... ..... sessee through whom the aforesaid amount was alleged to have been paid to Shri Mishra, refused to issue a receipt to the assessee, or to take a declaration or to file an affidavit stating therein that the amount was paid by him on behalf of the assessee. Therefore, we hold that the explanation of the assessee is not satisfactory and he has miserably failed to substantiate the fact that the sum of Rs. 20,000 was paid to Shri Mishra to settle the dispute, regarding the property, so that good title could be transferred to the vendee. In this situation of the matter, we hold that the claim for deduction of a sum of Rs. 20,000, referred to above, was rightly rejected by the CIT(A). Hence, we confirm his order, on the issue, and thereby refuse to restore that of the ITO, as he was erroneous on facts and in law, in allowing the claim of the assessee, for this deduction. 9. In the result, the appeal of the Revenue fails and is dismissed, while that of the assessee is partly allowed.
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1980 (7) TMI 124 - ITAT BOMBAY-D
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... ... ..... e issue. The assessee made the claim for 1974-75 and when the ITO rejected the claim he accepted the same. The claim was repeated for the next year even then the ITO did not allow it. It is against this background that the CIT (A) was forced to note that the ITO has wrongly disallowed the claim for 1974-75 and so should allow it for that year. Under the provisions of s. 155(6) on the acceptance of the legal position with regard to the facts as above, if an application was made by the assessee to the ITO, he would have to revise the assessment for 1974-75 allowing the bad debt claim. Apart from the fact that whatever the ITO can do, the CIT (A) can himself do or direct the ITO to do, this being a proper claim that would have been allowable under s. 155(6) for the asst. yr. 1974-75, we see no reason to interfere with the order of the CIT (A). On this point we uphold his order. 6. In the result, the assessee s appeals are partly allowed and the Departmental appeal is dismissed.
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1980 (7) TMI 123 - ITAT BOMBAY-C
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... ... ..... regards the averments made by her in her affidavit and there is no valid reason why it should not be believed. As regards the amounts described as rent received and saving, the error on the part of the ITO is that he has ignored a couple of relevant receipts as discussed by the AAC. In particular, a deposit against rent had been received from the United Commercial Bank Ltd. to whom a good part of the newly constructed property had been let out. These sums have been deposited in the assessee s own account and the relevant particulars were on record when the assessment was made. Suffice it to state that Shri Narayan has not put forward any specific reason or brought to our notice any specific material which could justify our interfering with the order of the AAC. The plea in general was that the matter requires proper investigation and may be sent back to the AAC or the ITO for this purpose. We do not see any valid reason for accepting such a plea. 11. The appeal is dismissed.
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1980 (7) TMI 122 - ITAT BOMBAY-A
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... ... ..... ss. It cannot be said, having regard to the meaning of the speculative business that the transaction in question was such as to constitute a speculative business. In the present case there was only one transaction of purchase and sale. Even the AAC has accepted this fact in his order. Having regard to the meaning of speculative business, we are of the opinion that in the present case the loss in question cannot be loss in speculative business, but it is a loss of business as defined in s. 28 of the IT Act, 1961. Under the circumstances, the said loss is allowable as business loss. So, the finding of the learned AAC to the contrary is wrong. In support of our finding, we are fortified by the ratio of the decision in he case of Maggaji Shermal. The ld. Deptl. Representative was not able to point out any other decision against the decision relied on by the assessee. 7. Accordingly, the claim of the assessee is allowable as business loss. 8. In the result, the appeal is allowed.
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1980 (7) TMI 121 - ITAT BOMBAY-A
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... ... ..... net weight in terms of grams as well as tolas. The omission to specify the weight in terms of grams is apparent and therefore, the contention of the ld. Counsel for the assessee has force. This view is reinforced by the fact that the gold ornaments and jewellery include not only the weight of gold but also the stones embedded thereon and each particular jewellery has been expressed in terms of grams and not in terms of tolas. The omission to specify the gross weight and net weight separately for the jewellery in terms of tolas as was shown in terms of grams also strengthens contention of the learned counsel for the assessee. We, therefore, uphold the contention of the assessee that the value of the jewellery disclosed by the A.P. represents gross weight only and for this reason, we direct the Asstt. Controller to adopt the net weight of the jewellery for the purpose of valuation of the rate adopted by him on which there is no dispute. 9. In the result the appeal is allowed.
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1980 (7) TMI 120 - ITAT BOMBAY
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... ... ..... part of the assessee. The assessee never knew that the sum of Rs. 2,500 was the income of the assessee in the year of account. Looking to the aforesaid facts, evidence on record and preponderance of probabilities, it is clear that there was no fraud or gross or wilful neglect on the part of the assessee in not returning the assessed income. The assessee surrendered the amount on account of the circumstances discussed above. In penalty proceedings, the assessee never admitted that the sum of Rs. 2,500 was its income. Thus, in our opinion, the initial burden lay upon the assessee, had been duly discharged. After rejecting the explanation of the assessee, on behalf of the Revenue, no positive material was brought on record to show that the assessee consciously failed to disclose the sum of Rs. 2,500 in the return. Thus in our opinion, in the present case, no penalty is called for. Accordingly, the impugned order of penalty is cancelled. 8. In the result, the appeal is allowed.
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1980 (7) TMI 119 - ITAT BOMBAY
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... ... ..... atus of the assessee is body of individuals but which is constituted of individuals Swayamsevaks forming assessee-RSS at Nagpur and not the body of individuals constituting other Shakhas in the country. In the result, the assessee s appeal is partly allowed. 36. Coming to the assessee s appeal for asst. yrs. 1972-73 and 1962-63, the assessee s contentions are absolutely identical as in the case of 1971-72 and the same are disposed of as per our reasons as findings given in course of asst., yr. 1971-72 accordingly. 37. Coming to both the appeals of the Revenue for asst. yrs. 1972-73 and 1962-63 in the light of our findings in the assessee s appeal for asst. yr. 1971-72 which are made applicable to 1972-73 and 1962-63 the contentions raised in both these appeals of the Revenue have become infructuous and the same are, therefore, rejected. 38. In the result, the assessee s appeals for all the 3 years are partly allowed and the Revenue s appeals for both the years are dismissed.
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1980 (7) TMI 118 - ITAT BOMBAY
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... ... ..... nly but on very rare occasion are still personal effect. All these items of furniture were always used for personal purposes except of course the Elephant Hauda Silver which was used on ceremonial occasion. But all the same, it was a personal effect. The AAC has discussed this issue at great length in his order. In our opinion, no useful purpose will be served if his observations are reproduced in our order. Suffice it to say that all these items were meant for personal use by a person of assessee s status. Therefore, the sale of such personal effects cannot give rise to capital gain which could be assessed under the IT Act. We, therefore, for reasons given herein before, hold that surplus arising on the sale of personal effects can not be taken as capital gain. We, accordingly, hold that the surplus on sales of these personal effects is not liable to assessment. We see no reason to interfere with the order of the AAC. 8. In the result, the Revenue s appeal stands dismissed.
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1980 (7) TMI 117 - ITAT BANGALORE
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... ... ..... the term vocation . We are in agreement with the above view. The other decision of the Bangalore Bench relied on by the revenue is distinguishable on facts. That was a case of a church and the Tribunal, therefore, held that the church could not be said to carry on a business or vocation. Following the order of the Tribunal in St. Anne s Convent s appeal, referred to above, we hold that the assessee institution was carrying on a vocation. It is, therefore, entitled to depreciation admissible u/s. 32 of the IT Act, 1961. The AAC has observed that the correct particulars of written down value etc. were not furnished by the assessee. It is not clear from the assessment order whether the ITO has called upon the assessee to furnish the particulars and whether he had examined the same. We, therefore, direct the ITO to examine the detail with reference to the above claim of depreciation and grant depreciation admissible in accordance with law. In the result, the appeals are allowed.
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1980 (7) TMI 116 - ITAT BANGALORE
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... ... ..... of the term vocation . We are in agreement with the above view. The other decision of the Bangalore Bench relied or by the Revenue is distinguishable on facts. That was a case of a church and the Tribunal, therefore, held that the church could not be said to carry on a business or vocation. Following the order of the Tribunal in St. Anne s Convent s appeal referred to above, we hold that assessee-institution was carrying on a vocation. It is, therefore, entitled to depreciation admissible under s. 32 of the IT Act 1961. The AAC has observed that the correct particulars of written down value etc. were not furnished by the assessee. It is not clear from the assessment order whether the ITO has called upon the assessee to furnish the particulars and whether he had examined the same. We therefore direct the ITO to examine the details with reference to the above claim of depreciation and grant depreciation admissible in accordance with law. In the result, the appeals are allowed.
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1980 (7) TMI 115 - ITAT AMRITSAR
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... ... ..... the AAC s order has not been filed. The Revenue was reminded to remove the defect. 2. But so far the defect pointed out has not been removed. 3. Appeal is accordingly not entertained.
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1980 (7) TMI 114 - ITAT AMRITSAR
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... ... ..... be seen from the document as to whether the grant was made for the individual benefit of the legatee or for the benefit of his family. Proceeding on this basis we feel that the order of the WTO is made without any proper enquiries while the order of the AAC suffers from the technical defect that he did not confront the WTO with the new evidence. Consequently, we consider it appropriate to vacate the order of the AAC under appeal and set-aside the assessment order passed by the WTO and direct him to dispose of the assessment afresh after hearing the assessee and considering the evidence which he wants to produce. We may invite the attention of the WTO to the Supreme Court ruling in the case of C.N. Arunachala Mudaliar vs. C.A. Muruganatha Mudaliar and others. (1) in case he is not satisfied that the property held by Sh. Kalu Mal was the ancestral property and not his individual property. 3. For statistical purposes only, the appeal of the Revenue may be treated to be allowed.
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1980 (7) TMI 113 - ITAT AHMEDABAD-A
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... ... ..... lause. The contention is acceptable but it is clear that the later clause has a purpose to serve, viz. the exemption would apply not merely in respect of the jewellery used by the individual assessee by himself but also where the dependent used the same. A proper construction therefore of the words of the section would require that the exemption applied to all assessees can be of personal use. For instance, we are not sure where in the case of an AOP holding jewellery in common can be personal use by the association, this exemption would not have applied. The extended clause as rightly pointed out by the learned counsel for the assessee is an extra benefit given to assessee of a particular type. The existence of this clause, therefore, cannot be any canon of construction whittle away the operative provisions of the earlier part of the section which grants the exemption. We have therefore no hesitation in accepting the assessee s claim for exemption. 5. The appeal is allowed.
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1980 (7) TMI 112 - HIGH COURT OF MADHYA PRADESH AT JABALPUR
Manufacture ... ... ... ... ..... taken to be fully manufactured having regard to the practice in the trade is a question of fact and it has been specifically found by the Central Government that the practice is that bundles of labelled bidis are packed in unit containers before delivery. Secondly it appears from the order of the Collector that this position was not disputed before him. In the circumstances, we are unable to go into this question at this stage. On the finding that in accordance with the usual trade practice the manufacturers pack the bidi-bundles in unit containers before delivery to the customers, it is obvious that the stock of bidis with the petitioner could not be said to be fully manufactured in accordance with the definition contained in Section 2(f) of the Act. The Excise authorities were, therefore, right in charging excise duty on the same from 1st March 1975. 4. The petition fails and is dismissed, but without any order as to costs. The security amount be refunded to the petitioner.
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1980 (7) TMI 111 - HIGH COURT OF JUDICATURE AT MADHYA PRADESH
Tax credit certificate - "Duty of excise payable" - Connotation of expression ... ... ... ... ..... e entitled only to a tax credit certificate for an amount calculated at 25 per cent of the amount of duty payable and the amount of duty exempt in respect of sales made to newspapers would not be taken into account in calculating the amount of tax credit certificate. But it would then not be possible to deny tax credit certificate on the ground of shortfall shown in the Central Authority s order in respect of newsprint sold to persons other than newspapers for this would not be treated as a separate category and would have to be dealt with along with category (i) i.e. newsprint sold to newspapers. As the case has not been examined from this angle, it will have to be remanded to the Director. 11. The petition is partly allowed. The impugned order of the Director is quashed and he is directed to re-hear and decide the appeal in accordance with law in the light of the observations made above. There will be no order as to costs. The security amount be refunded to the petitioner.
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1980 (7) TMI 110 - HIGH COURT OF MADRAS
Show Cause Notice issued after six months was barred by limitation - Cause of action - Date for accrual - Interpretation
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1980 (7) TMI 109 - GOVERNMENT OF INDIA
Printing and Writing Paper-Cartridge Paper - Distraction between ... ... ... ... ..... impugned findings by which the goods are held to be classifiable as cartridge paper under Item 17(2) of the First Schedule to the Central Excises and Salt Act, 1944. 13. In view of the above, Government hold that the paper in question which is of grammage exceeding 85 grams per sq. mt. and which contains bamboo and grass stalks and which is claimed to be used for the purposes of offset printing is nothing but cartridge paper and was correctly classifiable under the earlier Item 17(1) of the First Schedule to the Central Excises and Salt Act, 1944, as it stood at the material time. With the change in the description of the Tariff Item 17 of the First Schedule -to the Central Excises and Salt Act, 1944 with effect from 1-3-64, however, the goods were classifiable under Item 17(2) of the said Schedule as cartridge paper until the aforesaid entry of the First Schedule was further amended with effect from 16-3-76. 14. The petitioner s revision application is accordingly rejected.
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1980 (7) TMI 108 - GOVERNMENT OF INDIA
Food - Scope of under Food Adulteration Act. - Dictionary meaning not relevant ... ... ... ... ..... n water etc. for human consumption independently. 5. The petitioner s reference to the Food Adulteration Act would not come to the petitioner s rescue. The wide scope of the word food under the Food Adulteration Act would be relevant for the purposes of that Act alone. This view was taken by the Bombay High Court in the judgment referred to above. In view of the above Government are in agreement with the detailed order passed by the Appellate Collector and find no reasons to interfere with the order. The revision application is accordingly rejected. 6. Regarding the petitioner s contention that their competitor has got the benefit of the order of the Appellate Collector, Madras holding that food flavours would be eligible for exemption under the notification 55/75, Government observe that a copy of present order of the Government would be endorsed to all Collectors of Customs and Central Excise and that would suffice help remove the discrimination alleged by the petitioners.
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1980 (7) TMI 107 - HIGH COURT OF GUJARAT AT AHMEDABAD
Appeals - Appeal sent by post - Computation of time limit ... ... ... ... ..... ribunal, the appeal should be treated as filed within the period prescribed by the law of limitation. 11. With respect, it is not possible for us to agree or accept Mr. Shah s submission, that in the instant case, we should take the view that the post office was constituted as the agent of the Appellate Collector, as there is no such specific or implied provision of law either under the Act or the Rule s framed thereunder. Under the circumstances, the aforesaid reported decision of the Bombay High Court does not assist the petitioners in any manner whatsoever. It may be emphasised that Section 35 of the Act does not provide for sending of appeals by post. No other submission was made by Mr. Shah in course of the hearing of this petition. 12. As a result of the aforesaid discussion, we do not see any substance in the petition, and hence, the petition fails, and the Rule is discharged, but, having regard to the facts and circumstances of the case, we make no order as to costs.
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1980 (7) TMI 106 - HIGH COURT OF ALLAHABAD
Civil suit is not maintainable -Appeal and Revision ... ... ... ... ..... he Act and not outside it. If it acts on the basis of the provisions of the Statute which is ultra vires to that extent, it would be acting outside the Act. In that event, a suit to question the validity of such an order made outside the Act would certainly lie in a Civil Court. 18. In the instant case, that there is no challenge to the validity of any provisions of the Act or the Rules. There is no challenge to the provisions under which the appellate authority is to act. The principle laid down in the case of K.S. Venkataraman and Co. (AIR 1966 SC 1089) (Supra) therefore, does not apply to the present case. 19. In the result, we are of the opinion that the present suit was not maintainable in the Civil Court. 20. In view of our finding that the suit is not maintainable in the Civil Court, it is not necessary for us to go into the merits of the case. We, therefore, allow the appeal, set aside the judgment and decree dated 24-2-1967 and dismiss the suit with cost throughout.
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