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Case Laws
Showing 101 to 120 of 211 Records
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1985 (10) TMI 112 - ITAT ALLAHABAD-B
Income, Deemed To Accrue Or Arise In India., Central Board Of Direct Taxes ... ... ... ... ..... utside India. Similarly, we also cannot say that their ordinary place of work was in India. They were here only for specific purpose and for specific assignment for a limited period. Their ordinary place of duties was USA. If we keep these facts in mind, then the irresistible conclusion that can be drawn is that the payments made to them by way of reimbursement of their personal expenses was a special allowance liable to exemption under section 10(14). Our this finding is also in accordance with the view taken by the Supreme Court of Canada in Percy Walker Thomson v. Minister of National Revenue, a case which was cited before us by the learned counsel for the assessees. The departmental contention in all these appeals on this point, thus, fails. 19 to 27. These paras are not reproduced here as they involve minor issues. 28. In the result, while appeals for the assessment year 1978-79 in all the cases are dismissed, the appeal for the assessment year 1979-80 is partly allowed.
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1985 (10) TMI 111 - ITAT ALLAHABAD-A
Deductions, Profits And Gains From Newly Established Industrial Undertaking ... ... ... ... ..... Act. We have already stated above that it was the case of the assessee that it had to furnish details to some other authorities also under the above Act. This aspect of the matter should also be examined by the Commissioner (Appeals). Our purpose is that the Commissioner (Appeals) should find out whether the statements submitted to the bank authorities would falsify the correctness of the assessee s stock register and other accounts or those statements based on estimate would justify their correctness. After examining these matters, the Commissioner (Appeals) should give a clear finding whether the statements submitted by the assessee to the bank are on estimate or reflect the real position of the availability of stocks with the assessee. If he is of the opinion that the stocks shown in the statements made to the banks are correct, then he will go into the further question as to what is the addition which should be made. 37. In the result, both the appeals are partly allowed.
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1985 (10) TMI 110 - ITAT ALLAHABAD-A
Exemption, In Respect Of Gift Made To One's Spouse ... ... ... ... ..... ne and take care of every device and scheme to avoid taxation. It is up to the Court to take stock to determine the nature of the new and sophisticated legal devices to avoid tax and to expose the devices for what they really are and to refuse to give judicial benediction. 15. It was contended by the learned counsel for the assessee that McDowell and Co. Ltd. s case could not be applied if the law itself permitted avoidance of tax. Without going into this question, we may straightaway say that there is no express sanction of law to divert a portion of the HUF property in favour of a female member without paying gift-tax. This has been made possible only by adopting a device, which is nothing else but to avoid gift under the Act. We, therefore, respectfully following the principle laid down in the case of McDowell and Co. Ltd. also hold that the assessee is not entitled to exemption under section 5(1)(viii) on the facts stated above. 16. In the result, the appeal is dismissed.
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1985 (10) TMI 109 - ITAT AHMEDABAD-C
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... ... ..... red so as to enable him to attend to the business of the firm in normal condition like that incurred by employee. Even if some benefit is earned by him in the process, then it would be remote and insignificant to the extent of saving of an expenditure on food at whom which again would be a task for evaluation, not warranted. Therefore, unless there is a finding in respect of lavishness of expenditure by a partner of the firm with regard to expenditure on food etc. We are not inclined to retain any part of disallowance on basis of personal expenditure. We, therefore, delete the additions sustained by the CIT (A) in both the years. 8. To the extent as above, the orders of the CIT (A) are modified and the ITO is directed to pass the appropriate orders in the case of firm as also partners. The CIT (A) is also directed to redecide the issue regarding allowability or otherwise of salary payment to a partner as stated earlier. 9. In the result, both the appeals are allowed in part.
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1985 (10) TMI 108 - ITAT AHMEDABAD-C
Deemed Gift ... ... ... ... ..... which friends and relations had to intervene and so it cannot be said that the settlement was not genuine or was lacking any bona fides. The relations between the parties militates against such suggestion. It cannot be said that a person who was pressing his claim for a period of 9 years would surrender a claim as large as Rs. 9 lakhs without any consideration. Therefore, we hold that the settlement was genuine. In the circumstances it must be said that the assessee genuinely wanted to get the maximum he could immediately rather than risk of his claim on a future uncertainty. Therefore, we hold that there has been no gift in this case. 13. Further, it has been stated by the assessee s counsel and not controverted by the learned departmental representative that the discounted value of the claim to ascertain the market value, has been found less than the amount for which it has been settled. Taking this into account there would be no element of gift. 14. The appeal is allowed.
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1985 (10) TMI 107 - ITAT AHMEDABAD-B
Exemption, Foreign Movable Properties ... ... ... ... ..... art and parcel of the Act. It cannot be termed as a colourable device by any stretch of imagination. We would at this stage refer to the observations of his Lordship Justice Ranganath Misra in McDowell and Co. Ltd. s case which reads as under Tax planning may be legitimate provided it is within the framework of law. Colourable devices cannot be part of tax planning and it is wrong to encourage or entertain the belief that it is honourable to avoid the payment of tax by resorting to dubious methods. It is the obligation of every citizen to pay the taxes honestly without resorting to subterfuges. 7.6 According to us the transaction of gift effected by the assessee is within the framework of law and cannot be termed as dishonest or dubious with a view to dupe the revenue. According to us the ratio of the decision of the Hon ble Supreme Court would not apply to the facts of the present case. 8. We would accordingly cancel the order of the AAC and allow the appeal of the assessee.
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1985 (10) TMI 106 - ITAT AHMEDABAD-B
Loss, Set Off Of Loss In Speculation Business, Deductions, Inter-corporated Dividends ... ... ... ... ..... r companies, secondly, it has suffered a loss on purchase and sale of shares of other companies for both the years under appeal, thirdly, such loss as incurred by it by fiction enacted under Explanation to section 73 has to be treated as a loss arising out of speculation business and lastly, the assessee is neither an investment company nor a banking company because no such claim is made by the assessee-company. As a result, the loss incurred by it as aforesaid is required to be carried forward in accordance with the provisions of section 73. This would mean that the income from dividend cannot be adjusted or set off against the loss in purchase and sale of shares. The dividend income which would, therefore, result in positive figure would form part of the gross total income exigible to relief under section 80M for both the years. We, accordingly, direct the ITO to allow the said relief to the assessee-company in accordance with law. 7. In the result, the appeals are allowed.
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1985 (10) TMI 105 - ITAT AHMEDABAD-A
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... ... ..... in question but shall have to take overall picture depending upon facts of each case. (v) Even the benefit accruing to the assessee shall have to be evaluated. This again may not confine the period of the accounting year only and again it would not be essential that benefit must be in the Revenue field. (vi) Thereafter he shall have to give reasonable opportunity to the assessee to rebut his finding and his decision regarding portion proposed to be disallowed and then only he can take a decision. All these tests as aforementioned are not at all carried out by the ITO and therefore, the default on the part of the authorised below is fatal to the stand of the Revenue. We therefore, delete the disallowance made under s. 40A(2) of the IT Act in all the years. 6. The order of the first appellate authority are modified to the extent as above and the ITO is directed to pass consequential order in the case of the firm as also partners. 7. In the result, all the appeals are allowed.
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1985 (10) TMI 104 - CEGAT, NEW DELHI-LB
Import - "Actual user" - Meaning of
... ... ... ... ..... ntermediate process in the manufacture of zip fasteners from the filament yarn, and on this basis, they held that the import was not covered by Serial No. 1 of Appendix 10. 7.With respect, we find ourselves unable to agree with the ratio of the decision of the Bench in the Kashyap Zip Industries case. Our reasons for coming to a different conclusion are contained in Para 5 of this Order, In the circumstances, the papers may be placed before the President for constitution of a larger Bench to decide the issue involved, viz., whether in a case where an actual user imports certain goods as raw material and gets a product manufactured out of the said raw material on job work basis, by an outside agency and Uses the said manufactured product in his own premises in the manufacture of the final finished product, he would be eligible to the benefit of O.G.L. contained in Serial No. 1 of Appendix 10, of the AM-82 Import Policy, in respect of the raw material imported into the country.
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1985 (10) TMI 103 - HIGH COURT OF JUDICATURE AT BOMBAY
Fan - Electric fans - Agitator ... ... ... ... ..... ct, I agree and hold that the observations are directly attracted to the facts and circumstances of the case before me. 8. To sum up, the order passed by the 2nd respondent and confirmed in appeal and revision by respondents 3 and 4 respectively, will have to be quashed. Petitioners will be entitled to a refund of the amount deposited and hence the order - ORDER The order of the 2nd respondent together with those passed by respondents 3 and 4 in appeal and revision respectively, are hereby quashed. Respondents are restrained from enforcing notice dated 12 December, 1974. Petitioners are permitted to withdraw the sum of Rs. 36,510/- deposited in Court at the stage of the admission of this petition. Rule made absolute in the above terms. Parties shall bear their own costs. The above order shall not take effect for a period of four weeks, so as to enable the respondents to prefer an appeal. Prothonotary and Senior Master to act on the certified copy of the minutes of the order.
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1985 (10) TMI 102 - HIGH COURT OF JUDICATURE AT BOMBAY
Offence - Investigation ... ... ... ... ..... lusion that the investigation itself will amount to harassment or is being made in mala fide exercise of the power. As already observed assuming that the order passed by the Deputy Chief Controller of Imports and Exports is relevant for deciding the question, still it relates to only one firm and does not cover other two firms qua with which an investigation is being carried on. There are in built safeguards in the Act in this behalf since no court can take cognizance of an offence under Section 135 of the Act except with the previous sanction of the Collector of Customs. This stage has yet to be reached. This writ petition is filed when the investigation is pending. Therefore, having regard to the peculiar facts and circumstances of the present case, in my opinion this is not a fit case for exercise of powers under section 482 of the Code of Criminal Procedure, or Article 227 of the Constitution of India. In the result, therefore, writ petition fails and Rule is discharged.
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1985 (10) TMI 101 - HIGH COURT AT CALCUTTA
Bail - Prosecution ... ... ... ... ..... party, granted him bail. Aggrieved thereby, the Assistant Collector of Customs, preferred this application praying for cancellation of the bail granted to the accused - opposite party. 2. While we are in agreement with the learned advocate for the petitioner that the learned Judge should not have granted bail to the accused opposite-party without hearing the Customs Authorities, we do not wish to cancel the bail granted to the accused opposite party having regard to the fact that there is no allegation that he has misused the privilege granted to him. With these observations, we dispose of this application.
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1985 (10) TMI 100 - HIGH COURT OF RAJASTHAN AT JODHPUR
Refund - Limitation ... ... ... ... ..... oner No. 1-Union of India was not right when it passed the order, dated April 6, 1978 declining the refund claim other than the claim for September, 1971 on the ground of limitation under Rule 11 read with Rule 173J of the Rules. In view of the aforesaid decision of this Court, the impugned orders cannot be sustained rejecting the petitioner s claim for refund of the amount and the petitioner is entitled to the refund of the aforesaid amount. 4. In the result the writ petition is allowed, the orders Annexures 4, 5 and 6, declining the refund to the petitioner are quashed. The non-petitioners the directed to refund the amount of Rs. 25,251.54 relating to the difference in Excise duty paid by the petitioner for the period 1st April, 1971 to 10th September, 1971. It is further ordered that payment shall be made to the petitioner within three months from today, or it may be adjusted in the future duties, payable by the petitioner. 5. The parties are left to bear their own costs.
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1985 (10) TMI 99 - HIGH COURT OF ALLAHABAD
Valuation of goods embodied - Demand - Limitation ... ... ... ... ..... no force. 7. Before parting, it may be observed that we are not expressing any opinion on the question as to whether the value of the inserts and fasteners which have been taken into account by the excise authorities is correct or not. The petitioners before us have placed material that the railways have informed them that the cost of fasteners is Rs. 11.90 while the excise authorities have taken the cost to be Rs. 40 per insert. Admittedly, the petitioners have a statutory right of appeal, and in case the petitioner wants to challenge the aforesaid part of the order relating to the valuation of the inserts and fasteners, the proper remedy is to file an appeal before the appropriate authority under the Act. 8. For the reasons stated above, in our opinion, this is not a fit case for interference under article 226 of the Constitution. The writ petition is accordingly dismissed. However, looking to the facts and circumstances of the case the parties shall bear their own costs.
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1985 (10) TMI 98 - HIGH COURT OF ALLAHABAD
Search and seizure ... ... ... ... ..... ent case. Since the period of detention has not been extended and the original period of six months from the date of seizure has already expired, we do hot see any justification for the authority to detain the seized goods beyond the period of six months. Sub-section (2), section 110 also makes it clear that in such an event the goods, which were seized, shall be returned to the person from whose possession they were seized. 9. In view of the above, we are of the opinion that continued detention of the seized goods is wholly uncalled for and this is a fit case in which suitable directions should be issued for the release of the seized goods and the records forthwith. 10. No other point was argued. 11. For the reasons indicated above, the writ petition is allowed and a writ of mandamus is issued directing the respondents to release the seized goods and the records forthwith. Looking to the facts and the circumstances of the case, we direct the parties to bear their own costs.
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1985 (10) TMI 97 - HIGH COURT OF JUDICATURE AT BOMBAY
Valuation - Demand - Short levy ... ... ... ... ..... assessable value of cotton fabrics for the purpose of calculation of excise duty on cotton fabrics. 6. Under rule 10 read with rule 173(J) as it was in force at the relevant time, the time limit, inter alia, for recovery of duty short-levied, was one year. The show cause notice of 10th June, 1976 covers a period beyond one year. Under this show cause notice the claim for the period prior to 11th June, 1975 is time-barred. Similarly under the show cause notice of 28th March, 1977, the claim for the period prior to 29th March, 1976 is time-barred. The respondents are, therefore, directed not to recover any excise duty for the period which is beyond the period of limitation prescribed under rule 10 read with rule 173(J) as aforesaid. The respondents will be only entitled to recover excise duty short-levied for the period which is within the time as prescribed under rule 10 read with rule 173(J). Save as aforesaid the petition is dismissed and the rule is discharged with costs.
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1985 (10) TMI 96 - HIGH COURT OF ORISSA
Paper and Paperboard - Duty paid on wrapper at the time of manufacture ... ... ... ... ..... nstitution unless there is a complete lack of jurisdiction in the officer of authority concerned or where the order has been passed in violation of the principles of natural justice, but this rule is a rule of policy, convenience and discretion rather than that of law. Therefore, where the order levying duty at the higher rate is based on an incorrect interpretation of the tariff entry and that too on the Boards ruling, the alternative remedy being facility, would not operate as a bar in exercising writ jurisdiction under Article 226 of the Constitution of India. 6. In the result, therefore, the writ petition is allowed and Annexures 1 and 2 are quashed. A writ of mandamus be issued to the opposite parties particularly to opposite party No. 2 to allow proforma credit in respect of duty paid on the wrapping paper at its earlier stage of its being taken for packing other varieties of paper under Rule 56A of the Central Excise Rules, 1944. 7. There will be no order as to costs.
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1985 (10) TMI 94 - KARNATAKA HIGH COURT
Deduction, Gift Tax ... ... ... ... ..... Tribunal had failed to consider the contention urged by the assessee touching on the valuation of the property made by the Gift-tax Officer and affirmed by the Appellate Assistant Commissioner and the Tribunal should be directed to deal with the same. On the finding recorded by the Tribunal and on the question referred to us, this contention cannot be examined by us. Whether any contention urged by the assessee had not been examined and decided by the Tribunal and, if so, what steps should be taken by the assessee to have the same decided, is a matter for the assessee to examine and take such steps as are open to her in law. We, therefore, decline to examine this contention and leave the assessee to work out her remedies, if any, before the Tribunal. In the light of our above discussion, we answer the question referred to us in the negative, in favour of the Revenue and against the assessee. But, in the circumstances of the case, we direct the parties to bear their own costs.
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1985 (10) TMI 93 - PUNJAB AND HARYANA HIGH COURT
Advance Tax ... ... ... ... ..... its case. The view of the Commissioner of Income-tax that since the advance tax paid in the first two instalments was less as compared to the revised estimate submitted by the assessee on March I 1, 1973, the provisions of section 216(a) stood attracted, is clearly misconceived. The opening words of section 216 of the Act leave no manner of doubt that for determination of the question whether or not the assessee had paid reduced amount of advance tax, the amount of income-tax determined as payable on making regular assessment is to be taken into consideration to find out whether the advance tax paid by the assessee was underestimated within the meaning of sub-clause (a) of this section. The revised estimate submitted by the assessee on March I 1, 1973, is not the relevant factor to be taken into consideration for this purpose. Consequently the question is answered in the affirmative, i.e., in favour of the assessee and against the Revenue. There shall be no order as to costs.
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1985 (10) TMI 92 - ALLAHABAD HIGH COURT
Application For Reference ... ... ... ... ..... its attention to the provisions as contained in the proviso to section 256(1). Learned counsel for the petitioner has submitted that before the Tribunal, no submission was made by and on behalf of the Corporation on the merits of the case. Sri S. K. Sharma, the learned counsel for the Corporation, has made a statement at the bar that he had appeared before the Tribunal and he had not advanced any argument before the Tribunal on the merits of the case. There is no reason to disregard the statement made by a responsible member of the bar. The finding of the Tribunal, therefore, on the merits of the case stands vitiated. The petition succeeds and is allowed. The impugned order of the Tribunal dated August 11, 1982, is quashed. The Tribunal is directed to treat the Income-tax Reference Applications Nos. 834, 835 and 836 of 1981 as having been filed within time. It shall now proceed to dispose of the same on merits and in accordance with law. There shall be no order as to costs.
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