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Showing 101 to 120 of 197 Records
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1990 (5) TMI 110 - CEGAT, NEW DELHI
Condonation of delay ... ... ... ... ..... e applied in a rational, common sense, pragmatic manner. Judiciary is respected not on account of its power to legalize injustice on technical grounds but because it is capable of removing injustice and is expected to do so. 12. Having regard to the principles laid down by the Supreme Court, I am of the opinion that there was sufficient cause to condone the delay of one day in filing of the appeal. 13. This matter will now go back to Special Bench lsquo B rsquo for final order of disposal of the appeal. 14. In view of the majority decision, the delay in the filing of the appeal is condoned. CORRIGENDUM (Corrigendum to MISC. ORDER NO. 31/90) 1. Instead of Misc. Order No. 31/90 dated 11-5-1990 please read as Final Order No. 82/90-B1 dated 11-5-1990. 2. Please also add the following lines after the last line in para 14 at page 9. ldquo Matter is remanded to the Collector (Appeals) Central Excise, Calcutta for decision on merits. rdquo Sd/- Sd/- (V. RAJAMANICKAM) (HARISH CHANDER)
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1990 (5) TMI 109 - CEGAT, NEW DELHI
Confiscation ... ... ... ... ..... recording machines. The import of these magnetic tapes in jumbo rolls facilitated bulk packing and carrying. The Collector has, therefore, correctly held that the imported goods were nothing but audio magnetic tapes in jumbo rolls covered by these two serials of Appendix-2 and Appendix-3 respectively, requiring an import licence for their import. The learned advocate for the appellants has relied on the Explanatory Notes below Heading 85.23 in the HSN in support of his argument that the imported films are not prepared media for recording sound or other phenomena and hence these are covered by Chapter 39 of the Customs Tariff. In our view, these are prepared media for recording sound as already discussed by us. 6. In the light of the above discussions, we hold that in the absence of an import licence, the importation of the impugned goods was unauthorised as held by the Collector. There is no merit in the appeal. We, therefore, uphold the impugned order and dismiss the appeal.
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1990 (5) TMI 108 - CEGAT, NEW DELHI
Twin Screw Extruders for the manufacture of PVC pipes ... ... ... ... ..... r extruder capacity, but only as a screw diameter and on its strict interpretation, the benefit cannot be given to the diameters of 2 screws. The trade notices referred to cannot be taken to be the basis for interpretation of a notification. It may be an extraordinary view and an executive decision which, however, cannot be taken as applicable while interpreting a notification. The Hon rsquo ble Supreme Court rsquo s decision in 1978 E.L.T. J-350 (SC) in the case of M/s. Hemraj Gordhandas v. Asstt. Collector of Central Excise and Customs - ldquo Place of intendment in a taxing statute It is well established that in a taxing statute there is no room for any intendment but regard must be had to the clear meaning of the words. If the tax-payer is within the plain terms of an exemption he cannot be denied its benefit by calling in aid any supposed intention of the exempting authority. rdquo 5. In view of the above discussions, the appeal has no merits and is accordingly rejected.
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1990 (5) TMI 107 - CEGAT, NEW DELHI
Classification ... ... ... ... ..... It was for them to give a categorical reply stating ldquo yes rdquo or ldquo no rdquo and furnish material if the reply was negative. They have not done so. The discussions made by us in paragraph 14 onward of this order clearly show that the product of the respondents is a condensation product falling under Tariff Item 15A(1). The Assistant Collector has discharged the burden of classifying it under this Tariff Item. The respondents have not been able to make out a case that their product does not fall under Item 15A(1) and hence it should go to the residuary Item 68 of the Tariff. Tariff Item 68 would come into picture if the possibility of classification under any of the Tariff Items 1 to 67 was ruled out. 29. In view of the foregoing discussions, we hold that the classification decided by the Assistant Collector is correct and Collector (Appeals) rsquo s classification is erroneous. In the result, we set aside the impugned order and allow the appeal filed by the Revenue.
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1990 (5) TMI 106 - CEGAT, NEW DELHI
Countervailing duty ... ... ... ... ..... (c) in the existing second proviso, for the words lsquo provided further rsquo , the words ldquo Provided also rdquo shall be substituted. (Notification No. 104/79-C.E., dated 3-3-1979). 5. Notification 103/61 does not contain any restriction that the imported intermediates should only be those falling under T.I. 14-D and a plain reading of the Notification makes it obvious that the notification applies to any imported intermediate, falling under any Tariff Item. The scope of the Notification cannot be whittled down by Notification 104/79 (which was made applicable to Notification 103/61 by amendment on 19-6-1980). The period of refund in this case is from 1-11-1979 to 20-4-1980. In view of the categorical and unequivocal wording of Notification 103/61, we are of the opinion that the appellants are covered by 103/61 and are therefore entitled to the benefit of the above-mentioned Notification. 6. We set aside the impugned order and allow the appeal with consequential relief.
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1990 (5) TMI 105 - CEGAT, NEW DELHI
Artificial teeth ... ... ... ... ..... beyond the scope of the notification in holding that the artificial teeth cannot be considered as article of plastics as they have only a specific use. The only two conditions to be fulfilled for eligibility to the Notification are that the articles must fall under T.I. 68 of the First Schedule to the Central Excises and Salt Act, 1944 and must be produced out of artificial resins or plastic materials or cellulose esters and ethers in any form falling under T.I. 15A(1) on which excise duty or additional duty has already been paid. 5. We find that the products manufactured by the appellants satisfy both criteria and are therefore eligible for the benefit of exemption under Notification 182/82 dated 11-5-1982. As we have held that Notification 182/82 is applicable to the appellants rsquo products, it is not necessary to go into the question of eligibility under Notification 234/82. 6. In the result, we set aside the impugned order and allow the appeal with consequential relief.
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1990 (5) TMI 104 - CEGAT, NEW DELHI
Classification ... ... ... ... ..... transmission line. We adhere to earlier view of the Tribunal that no distinction need be made between the transmission line and distribution line. We feel that the submissions made by Shri Chandrasekhar that between the point of generation and consumption there is only transmission system and this includes both transmission and distribution, is acceptable. In this view we hold that the imported goods are insulators designed for use in electrical transmission system which is admittedly of above 400 Volts. We allow the appeal and order consequential relief. In view of the earlier decision of the Tribunal we set aside the impugned orders and hold that the imported goods are insulators designed for use to support electric traction overhead line wires transmitting power at high voltage for electric traction system, which was admittedly of 400 Volts. In the result the above captioned 6 appeals are allowed. Revenue authorities are directed to give consequential effect to this order.
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1990 (5) TMI 103 - CEGAT, NEW DELHI
Classification ... ... ... ... ..... w driving. The function of boring is referred to therein. Similarly, the Heading 82.05 specifically mentions interchangeable tools for hand tools, for machine tools for boring. Therefore, the heading for the tools imported being specifically covered should gain preference to any other possible classification. Moreover, the composite articles which have been invoiced as a set with tool holder with blades, cannot be classified under different tariff heading. The blades have been designed for use in the boring machine and therefore have to be viewed as one complete article. The department has been correct in holding the view that one single composite article should be assessed as conforming to a single tariff heading and not under different headings part by part. The offence under the I.T.C. has not been disputed as part of the goods are not covered by the goods. The confiscation and fine are therefore in order. The appeal in consequence has no merits and is therefore dismissed.
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1990 (5) TMI 102 - ITAT PUNE
... ...
... ... ..... the assessee. The same view was also followed byy the Bombay Bench of the Tribunal in the case of Anwar K. Porbandarwalla in which the same position was upheld in which even the capacity of the tenant was that of only a tenant but it was held that as it was occupied by the assessee it was sufficient and the capacity of the assessee was not material for exemption under s. 54 of the Act. In this case the assessee has filed an affidavit that she was living with her husband in the said house on the contrary there is nothing on record that she was not living with her husband. Once this fact is believed, in our opinion it is sufficient compliance of s. 54 to prove the continuous stay for two years. 13. Taking all these facts into consideration, we are of the opinion that the order passed by the learned AAC directing the ITO to grant exemption under s. 54 to the assessee was perfectly correct and justified. Issues are decided accordingly. 14. In the result, the appeal is dismissed.
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1990 (5) TMI 99 - ITAT MADRAS-D
Carrying On Business, Expenditure Incurred, Revenue Expenditure ... ... ... ... ..... ness of the assessee. Moreover, this book will not serve as an all time precedent as sometimes certain law books may do. This is only a ready-made market survey for improving the business of the assessee in consultancy. Hence, in our view, this is a revenue expenditure and the cost of the book has to be allowed as a deduction under section 37 of the Act. Therefore, the view of the Commissioner of Income-tax (Appeals) that this is only plant and the assessee is entitled only to depreciation available under section 43(3) is not correct. So we set aside the finding of the Commissioner of Income-tax (Appeals) and hold that the cost of this book has to be treated as revenue expenditure and an allowable deduction u/s. 37 of the Act. Accordingly, the Income-tax Officer is directed to allow the deduction of Rs. 56,771 being the cost of the book, viz., The World Chloralkali Outlook 1980-1990 and amend the assessment order. 13. In the result, the appeal filed by the assessee is allowed
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1990 (5) TMI 98 - ITAT MADRAS-D
Depreciation Actually Allowed ... ... ... ... ..... ded for in the Act, such as development reserve or deduction u/s. 80HHA. It was further pointed out that the department itself has understood the scope of this Rule in that manner by circular No. 53(F.No. 7/2/68-TPL) dated 11-1-1971 (Direct Taxes Circulars, 1988, Vol. 2 page 1837). We note that the circular referred to by the assessee has not been considered by the High Court and it is well-settled principle of interpretation that courts in considering a statute will give much weight to the interpretation put upon it at the time of its enactment and since by those whose duty it has been to construe, execute and apply it. (See K.P. Varghese v. ITO 1981 131 ITR 597 at 612 (SC). However, since the rule has already been interpreted by the High Court it is not for us to re-consider the matter as we must, as at present advised, respectfully follow the decision as it stands. In the circumstances, we cannot but confirm the orders of the authorities below. 8. The appeals are dismissed
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1990 (5) TMI 97 - ITAT MADRAS-D
Assessment Proceedings, Original Assessment, Reassessment Proceedings, Total Income ... ... ... ... ..... ocessing and negativing of the claim by the I.T.O. on 15-9-1981 for the assessment year 1978-79 was prior to the date of the original assessment for this year which was on 18-11-1982. Viewed from this angle also, it cannot be said that there was any omission or failure on the part of the assessee to disclose fully and truly any material facts because the matter for the earlier year was also the subject of specific processing on a date anterior to the date when the I.T.O. recorded reasons for his belief that there was failure on the part of the assessee to fully and truly disclose material fact as far as this year is concerned. 18. For all the aforesaid reasons, we agree with the C.I.T.(A) that since there was no failure on the part of the assessee to fully and truly disclose all material particulars, the provisions under sec. 147(a) are not attracted. This being so, the cancellation of the assessment is in order. The appeal of the Revenue will, therefore, fall to be dismissed
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1990 (5) TMI 93 - ITAT MADRAS-C
... ...
... ... ..... as such. Therefore, the allowance of this deduction is in no way precluded by the grant of the standard deduction under s. 16(1). Since the assessee does not maintain accounts it becomes necessary to estimate such amount of expenses that has been incurred for the purpose of earning the incentive bonus that is liable to be included as part of the salary earned by the assessee. It is in this context that the Appellate Tribunal had held in the case of ITO vs. E.P. Jayaraman as in other cases that 40 per cent of the gross amount could be reasonably considered to be expenses incurred for earning the incentive bonus. There is no reason discriminate against this assessee since such a deduction is being allowed in the cases of all other Development Officers of the Life Insurance Corporation. Hence the order of the AAC directing that 60 per cent of the incentive bonus be treated as salary and included in the salary income of the assessee has to be upheld. 7. The appeals are dismissed.
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1990 (5) TMI 91 - ITAT MADRAS-A
... ...
... ... ..... thereafter the STUs have accepted the liability and paid the amount. Thus it cannot be said that any portion of the said income had accrued to the assessee in the earlier assessment year. 9. The assessee has been following the particular method of accounting regularly. There is no material to show that the true and correct profits of the assessee cannot be deduced on the basis of such regularly followed method of accounting practice. The accounting method followed by it is also in accordance with the accounting standards prescribed by the ICAI. In view of the above, we hold that only a proportionate income as accounted for by the assessee on the basis of the period of years over which the services are to be rendered, requires to be assessed for this year. We accordingly direct the IAC(Asst.) to compute the assessee s income on the basis of the method of accounting followed by it and delete the additions made in the assessee s income. 10. In the result, the appeal is allowed.
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1990 (5) TMI 88 - ITAT MADRAS-A
Chargeable To Tax, Charitable Trust, Religious Trust ... ... ... ... ..... t the theme mother and child . We have also gone through the various objects laid down in the trust deed. In our opinion, welfare of the poor and destitute children is the dominant object of the trust. The intention for bringing out these cards was to provoke the hidden instincts of piety and benevolence. The paintings reflected on the face of the cards, demonstrates the dominant object of the society which in practice is to provide separate homes in a village, each under the supervision of a mother and play a crucial role in making collection for poor and destitute children. The printing of cards in our opinion is purely a fund raising activity in effect giving thereby a dignity which, collection merely by what may be termed passing round the hat would be bereft of exchanging a token or a donation, and cannot be construed a business activity. We therefore direct deletion of the addition made on this count of Rs. 99,883. 8. In the result, the appeal of the assessee is allowed
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1990 (5) TMI 87 - ITAT MADRAS-A
Retrospective Amendment, Valuation Date ... ... ... ... ..... n is no longer res integra. In Coimbatore Club v. WTO 1985 153 ITR 172 (Mad.), the Division Bench of this court to which one of us was a party has dealt with in detail the scope of the expression individual occurring in sec. 3 of the Wealth-tax Act and took the view that it would take in not only an individual but also a plurality of individuals, which in turn would include a body or group of persons forming a single collective unit knit together by ties of common aim and joint interest, who owned property. As a matter of fact, in the said decision, the court has disagreed with the view of the Gujarat High Court in Orient Club v. WTO 1980 123 ITR 395 on which reliance has been placed by the assessee before the Appellate Assistant Commissioner, the Tribunal as well as this court. We shall not go into this matter further, nor do we dwell on the other ground, since we have held that no wealth is taxable in either of the assessment years. 6. In the result, the appeals are allowed
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1990 (5) TMI 84 - ITAT MADRAS
Assessment Proceedings, Original Assessment, Reassessment Proceedings, Total Income ... ... ... ... ..... reafter the STUs have accepted the liability and paid the amount. Thus it cannot be said that any portion of the said income had accrued to the assessee in the earlier assessment year. 9. The assessee has been following the particular method of accounting regularly. There is no material to show that the true and correct profits of the assessee cannot be deduced on the basis of such regularly followed method of accounting practice. The accounting method followed by it is also in accordance with the accounting standards prescribed by the ICAI. In view of the above, we hold that only a proportionate income as accounted for by the assessee on the basis of the period of years over which the services are to be rendered requires to be assessed for this year. We accordingly direct the IAC (Assessment) to compute the assessee s income on the basis of the method of accounting followed by it and delete the additions made in the assessee s income. 10. In the result, the appeal is allowed
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1990 (5) TMI 82 - ITAT JAIPUR
Assessment Proceedings, Original Assessment, Reassessment Proceedings ... ... ... ... ..... f law. The ITO in the subsequent order passed by him very rightly held that the claim made by the assessee was not tenable as it had already been considered in the course of the original assessment proceedings. This was also the view expressed by the CIT(A) and with which we fully agree. According to us the observation in a judgment has to be understood in the context of the contention urged and the issue raised. It cannot go against the spirit of law. 7. Before we part with this appeal we would like to make it clear that we are not expressing any views on the question whether the assessee can raise during the course of the reassessment proceedings any fresh claim which it had not done in the course of the original assessment proceedings. All that we have decided is that claims which have become final in the course of the original assessment proceedings and subsequently in appellate proceedings, cannot be reagitated in the re-assessment proceedings. 8. The appeal is dismissed
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1990 (5) TMI 81 - ITAT JABALPUR
... ...
... ... ..... ash available has been added as an undisclosed income in all the four assessment years. In view of above and considering the argument that the assessee had income from house property which was not disputed and he did not deposit any amount in the preceding years and the availability of fund with the assessee, is therefore, established which was not controverted by the Revenue with supporting evidence, the appeal on this point is to be allowed. Accordingly, the order of the CIT(A) is reversed. 17. The next objection is against the charging of interest under s. 215 of the IT Act. The CIT(A) has rejected the assessee s appeal as it has not been shown as to how the interest was wrongly charged. Before us the learned counsel of the appellant has not furnished detailed particulars in support of the appeal. We, therefore, do not find any force in the assessee s appeal on this point. It is accordingly rejected. 18. In the result, the appeal by the assessee is partly allowed as above.
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1990 (5) TMI 80 - ITAT INDORE
... ...
... ... ..... intain any capital with the firm are pertinent. 7. In view of foregoing discussion it is held that the entire amount of interest paid by the firm to the minor is includible in the income of the assessee. 8. The orders of the AAC for the asst. yrs. 1982-83, 1983-84 and 1984-85 are reversed and those of the ITO for these assessment years restored. 9. There is abnormal delay in filing the cross-objections. However, in order to avoid multiplicity of litigation and in view of the fact that the order of the AAC confirming the levy of interest under s. 217 is ex facie incorrect and further in view of the fact that the relief claimed by the assessee is of very small amount, the delay is condoned. I agree with the contention of the learned counsel for the assessee that in the proceedings under s. 148 no interest under s. 217 should have been charged. Levy of interest under s. 217 for all these three years is deleted. 10. In the result, the appeals and the cross-objections are allowed.
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