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Case Laws
Showing 121 to 140 of 288 Records
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1990 (10) TMI 179 - CEGAT, NEW DELHI
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... ... ..... ment that the handling charges of 0.25 P per cubic meter is not mentioned in the agreement dated 18-6-1979. This information was suppressed in the price list. The Department came to know about this recovery of handling charges by debit notes only during the time of scrutiny of the private records of the appellants. Shri Kohli rsquo s argument that the Central Excise Officer could have known the fact of recovery of handling charges from the customer is not acceptable. The decision of the Tribunal reported in 1986 (8) ECR 353 (Cegat), relied on by Shri Kohli, is not relevant to the facts of the present case and hence the same does not help the appellants. We, therefore, hold that the Department was justified in invoking the five years rsquo limitation in issuing the show cause notice. 7. In the light of foregoing discussions, we uphold the impugned order and dismiss the appeal. The Cross-Objection filed by the Revenue also gets disposed of in the light of our above conclusions.
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1990 (10) TMI 178 - CEGAT, NEW DELHI
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... ... ..... quo s plea that the factory gate price should be disturbed. Sales at the factory gate were not impugned before us and there is no threat from the Department against the approved price list for the factory gate sales. This position taken together with all the attendant facts and circumstances discussed by us in detail in earlier paragraphs leads to the conclusion that the appeals filed by Fenner against the order passed by the Collector of Central Excise, Madurai should be allowed. 23. In respect of BMF, the position is clear that as they are a sister concern of Fenner, the other appellants and the goods are sold by them through Fenner, they should pay duty on the basis of the normal price of Fenner. 24. In view of these findings there would be no justification to uphold the penalties against the individuals including the Managing Director, Executive Director, General Manager and two Managers. We set aside these penalties. 25. The appeals are allowed with consequential relief.
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1990 (10) TMI 177 - CEGAT, NEW DELHI
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... ... ..... gh Court rsquo s judgment in the case of Bharat Commerce of Industries Ltd. (supra). 36. In the light of the foregoing discussion, I am in agreement with the opinion of the learned Member Judicial, namely, that on the facts and in the circumstances of the present case, the Department was not correct in retaining the amount of basic excise duty paid at the rate of 8 ad valorem under Item 68, CET, by way of adjustment of the basic excise duty leviable under Item 15A, CET, at 8 ad valorem for which proper assessment proceedings sanctioned by law had not been initiated by the Department. As such, the amount in question is refundable to the assessee ORDER 37. In view of the majority opinion the department rsquo s appeal is rejected. The cross objection also correspondingly stands disposed of in the above terms. 38. This appeal is dismissed as in fructuous in view of the majority opinion as per order announced on 4-1-1990 in respect of Appeal Nos. E/2815/85-C with E/Cross/669/85-C.
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1990 (10) TMI 176 - CEGAT, NEW DELHI
Classification ... ... ... ... ..... tal (or possibly plastics), a small charge of primary explosive (50 to 500 mg of a composition based usually on lead azide) and a somewhat larger charge on another explosive (e.g. pentrite, hexogen or tetryl) rdquo . ldquo This group also includes certain electric detonators known as electric primers. These are often miniaturised, and the fuse head may be replaced by the incorporation, in the primary composition, of additives to make the composition conductive and enable it to be fired by induction. 25. To sum up I find that on the one hand the department has not shown that the item was used as electric conductors or known as such in trade and industry, on the other hand the respondent has shown that they were used as parts of electric igniters/detonators. Therefore, in my view they would merit classification under 36.03 as rightly held by the learned Collector. 26. In view of the above position, I reject the appeals. 27. In view of the majority opinion the appeal is allowed.
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1990 (10) TMI 175 - CEGAT, NEW DELHI
Import - Country of origin ... ... ... ... ..... m to perform the same functions and to be commercially interchangeable with the goods being valued having regard to the quality, reputation and the existence of trademark (ii) produced in the country in which the goods being valued were produced and (iii) produced by the same person who produced the goods being valued, or where no such goods are available, goods produced by a different person. 24. The impugned imports cannot be treated as identical or similar to the goods imported from Japan, South Korea or Taiwan as the criteria laid down in the definition of identical goods or similar goods under Rule 2(1)(c) and (e) are satisfied, and there is no other evidence of the value of identical or similar goods. We, therefore, hold that the value of goods shall be determined by adopting the transaction value under Rule 4 of the Rules, i.e. actual price paid by the appellants to the supplier. 25. In view of the foregoing we allow the appeal and set aside the order of the Collector.
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1990 (10) TMI 174 - CEGAT, NEW DELHI
Stay - Dispensation of pre-deposit of duty and penalty ... ... ... ... ..... d not to alienate or dispose of their fixed assets including plant and machinery. We think that this is a reasonable request. 4. Accordingly, we restrain the department from enforcing the recovery of the disputed dues during the pendency of the appeal. This will, however, be subject to the condition that the appellants do not alienate or dispose of in any manner their fixed assets including plant and machinery. 5. In view of the poor financial position of the appellants (which had led to the West Regional Bench order dispensing with the pre-deposit of the dues) and in view of the fact that very heavy amounts are involved in the dispute we accept the request of both sides that the appeal might be heard out of turn. Accordingly, we direct that the appeal shall be listed for hearing on the 15th November, 1990 as number one in the list of regular matters. It has been made clear to the counsel for the appellants and the DR that no adjournment would be granted for whatever reasons.
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1990 (10) TMI 173 - CEGAT, NEW DELHI
Redetermination of value when might result in short levy ... ... ... ... ..... manufacture. 22. It is true that by Finance Act 1980 in the case of aluminium, clause (viii) was introduced to counter the Judgment of N.R. Jadhav rsquo s case. However, we cannot draw an inference from the above that printing and lacquering in the case of glass and glassware is. not manufacture. As stated in the earlier paragraphs, whether a particular process amounts to manufacture or not is to be determined in the light of the test laid down by the Supreme Court. 23. Printing and decorating is manufacture in the facts and circumstances of the case and is carried on in the precincts adjunct to the main factory. Since manufacture is carried on in the precincts, it is a factory within the meaning of Section 2(e) of the Act. The bottles that are removed from the precincts are printed bottles. Therefore, the value of printing and decorating is includible in the assessable value. 24. In view of the foregoing, we see no merit in the appeal and the appeal is accordingly dismissed.
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1990 (10) TMI 172 - CEGAT, NEW DELHI
Demand — Limitation ... ... ... ... ..... y satisfying the pre-dominance test laid down in 22F (iv). From the above, it is clear that glass fabrics are textile fabrics and that they are classifiable under T.I. 22F (iv) if mineral fibre or yarn predominate in weight if not, then under T.I. 22B. 9. In this case, we have no material to decide on pre-dominance of the contents of the disputed product. The Department seeks to rely upon the appellants rsquo own admission in their letter of 12.12.1981, that varnish predominates. However, we note that the Department have drawn samples twice and have not communicated the results of the test to the appellants. 10. This being the factual position, we remand the matter to the Collector (Appeals) for carrying out the chemical test, and communicating the test result to the appellants and adjudicating the matter afresh in the light of the composition of the product, after affording an opportunity of personal hearing to the appellants. 11. The appeal is thus allowed by way of remand.
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1990 (10) TMI 171 - CEGAT, NEW DELHI
Appeal - Condonation of Delay ... ... ... ... ..... of Removal of Difficulties Order is not available if appeal has been filed after six months from the date of knowledge of order. The Tribunal also held that waiting for a decision of the Tribunal on a similar issue is not a sufficient cause for late filing of appeal, in another case. rdquo 6. In view of the above dis.c.ussion, we are of the view that the appellant was not prevented by sufficient cause in the late filing of the appeal and as such, the dis.c.retion under sub-section (5) of Section 35B of the Central Excises and Salt Act, 1944 cannot be exercised in this case. In the result, the original application for condonation of delay as well as the supplementary application for condonation of delay are dismissed. 7. Since we have not accepted the prayer of the appellants for condonation of delay, the appeal filed by the revenue authorities is dismissed being hit by limitation without going into the merits of the same. The cross-objection is also dismissed as infructuous.
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1990 (10) TMI 170 - CEGAT, NEW DELHI
Classification ... ... ... ... ..... r. The definitions quoted from the ldquo Encyclopaedia of Metallurgy and Materials rdquo , on stainless steel by the Ld. J.D.R. is in respect of the general meaning of what stainless steel is, but it does not dwell deeply on the aspect of classifying a composite material. 10. The case law cited by the Ld. J.D.R. Shri M.K. Sohal reported in 1984 (18) E.L.T. 533 (Tribunal) is with respect to the ISI Specification for stainless steel, with alloy containing more than 12 which will not be applicable, as the deciding factor rests on the product, Electric Resistance Wire and not merely a stainless steel wire. Similarly, the case law referred to by Shri N.C. Sogani, the Ld. Consultant, is not applicable as the context in which the decision has been taken is not the same. 11. Therefore, in view of the above dis.c.ussion, the classification under Chapter Heading 73.15(1) is upheld and the appeals filed by the Revenue is dismissed. The appeals filed for condonation of delay are allowed.
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1990 (10) TMI 169 - ITAT PUNE
Assessment Order ... ... ... ... ..... nation (c) to section 263. In other words, the Bombay High Court held that irrespective of the language in which the amending provisions are couched, the amendment cannot be retrospective with effect from a date earlier to the date on which the provisions sought to be amended itself was brought on the Statute Book. The revisional order of the CIT has been passed on 3-9-1986 earlier to the date of amendment to section 263. The CIT was not competent to revise the order of the ITO on the ground of partial merger of only the issues agitated in appeal before the CIT(A). In such a situation the judgment of the Bombay High Court in the case of P. Muncherji and Co. and CIT v. Smt. A.S. Narendrakumari Basaheba 1989 176 ITR 515 would apply and there would be complete merger of the ITO s order with the order of the CIT(A). In this view of the matter, therefore, we cancel the revisional order of the CIT and uphold the grounds taken by the assessee. 6. In the result, the appeal is allowed
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1990 (10) TMI 166 - ITAT MADRAS-D
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... ... ..... setting off the losses carried forward from the earlier years. It is pointed out on behalf of the assessee that the accumulated depreciation carried forward from earlier years was Rs. 1,38,120 and the business loss carried forward was Rs. 41,233 totalling Rs. 1,79,353. Since the income from business for this year was Rs. 1,44,743 the assessee had required the unabsorbed loss to be carried forward. The ITO did not accept this claim as he allowed the deduction of only Rs. 75,530 as loss relating to earlier years. This was confirmed on appeal on the ground that the loss related to a period earlier than eight years. We find that this is not borne out by the facts of the case. As we have noted earlier, the business loss which would lapse was only Rs. 41,233. The balance is unabsorbed depreciation for which there is no time-limit and has to be carried forward if it cannot be set off. We direct the ITO to recompute the total income of the assessee accordingly. The appeal is allowed.
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1990 (10) TMI 164 - ITAT MADRAS-D
Per Annum, Remuneration Paid To Directors, Transport Business ... ... ... ... ..... rs, etc. So much of the office work in the RTO s office is also involved. Therefore, in our opinion there is no justification for commenting that there would not be full work for four directors to manage the transport company of this magnitude. Further in view of the fact that no disallowance was made in the hands of the company under section 40A(2) of the Income-tax Act, there is no justification to sustain the exclusion of Rs. 12,000 as excessive remuneration. We hold that Rs. 24,000 per year paid as remuneration to the deceased for the last three years of his life should be considered to be reasonable remuneration. We set aside the orders of the lower authorities on this point. We hold that the slice which should be added in the estate of the deceased under section 17 of the Estate Duty Act should be worked out in view of our findings on the above two points and the correct slice should be determined. 8. In the result the appeal of the accountable person is partly allowed
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1990 (10) TMI 163 - ITAT MADRAS-D
Bad Debt, Deduction In Respect, Expenditure Incurred, Orders Prejudicial To Interests, Provident Fund, Urban Land Tax
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1990 (10) TMI 162 - ITAT MADRAS-D
Investment Company, Orders Prejudicial To Interests ... ... ... ... ..... is an individual. The question which arose before the Tribunal was whether basic exemption which is available to an individual while being assessed to wealthtax is also available when the Trust was being assessed under section 21(4) as an individual. It was held that such basic exemption was also available to the Trust. We fully agree with the ratio of the above case. However, its application would be germane only after ascertaining the net wealth of the assessee Trust. 19. We only direct that while framing fresh assessments for these years if the net wealth of the Assessee Trust is found below the basic exemption limits as per schedule 1 part 1 of WT Act the ratio of Pradeep D. Kothari Trust s case should be applied and the assessee should be held not assessable only for such assessment years in which the assessee would be found to have wealth below taxable limit set out under schedule 1 part 1 of the Wealth-tax Act. 20. Thus, the appeals are allowed for statistical purposes
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1990 (10) TMI 158 - ITAT MADRAS-C
Agricultural Land, Orders Prejudicial To Interests, Wealth Tax Act ... ... ... ... ..... he Judicature Acts, has exercised over such tribunals , See also Hari Pandurang v. Secretary of State for India, 27B, 424, 450. So in the United States it has been held that the United States Circuit Court has no power to say the Land department in the discharge of duty which is not ministerial but involves the exercise of judgment and discretion. The remedy for an infringement of the rights of the plaintiff is at law after the conclusion of the administrative action on the part of the Government, Kirvan v. Murphy 139 U.S. 35, 54. Under the circumstances we are of the opinion first that the facts of the present case do not warrant an order of stay restraining the valuation cell from proceeding with the valuation of the impugned asset and secondly, that no prejudice at all would be caused to the petitioner while participating in those proceedings. Having regard to all the above we feel that this is not a fit case where stay can be granted. The petitions are therefore dismissed
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1990 (10) TMI 156 - ITAT MADRAS-B
... ...
... ... ..... re kept in short-term deposits, so that they are really and easily available to the assessee company for its business deposits transactions at short notice. The placing of these monies in such short-term instead of keeping them in current account without earning any interest would not make the interest earned on such short-term deposits income under other sources . All these transactions are normal business activities carried on by any prudent business man in the ordinary course of his business in order to maximise his earnings by a wise deployment of the funds at his desposal. We are, therefore, unable to agree with the Commissioner that the interest income earned by the assessee should be assessed under the head other sources and not under the head business income . Accordingly we cancel the order of the Commissioner passed under s. 263 of the of the IT Act, 1961 and restore the assessment order dt. 10th July, 1984 passed by the ITO. 8. In the result, the appeal is allowed.
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1990 (10) TMI 153 - ITAT MADRAS-B
House Property ... ... ... ... ..... , cannot be regarded as an employee of the company. The assessee s claim for excluding the value of that portion of the Haddows Road property, which is used by Shri Chidambaram Chettiar as his residence, will have to fail on this score alone. Even if we proceed on the hypothesis that the said Shri Chidambaram Chettiar is somehow regarded as an employee of the assessee-company, the assessee s case does not improve, because the company has admittedly no scheme for providing residential accommodation for its low paid employees. Therefore, the exclusion provisions contained in section 40(3)(vi) cannot avail the assessee. 16. In view of the foregoing, therefore, we hold that the sum of Rs. 11,21,000 being the value of that portion of Haddows Road property used by the said Chidambaram Chettiar as his residence, was rightly brought to tax under section 40 of the Finance Act 1983. We, therefore, decline to interfere in the matter. 17. In the result, the assessee s appeal is dismissed
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1990 (10) TMI 150 - ITAT INDORE
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... ... ..... the direct assessment on minor and representation of a minor through a guardian has to be borne in mind. Even in the case of direct assessment of levy of penalty on minor, a minor has to be represented by a guardian. The purpose of representation of a minor by a guardian is that a minor is deemed incapable of defending in himself and, therefore, it is necessary that his interest in the litigation should be watched by an adult person. The guardian so representing the minor does not become party to the litigation he does not become the assessee and the liability for the tax and the penalty is of the estate of the minor where the minor has been directly assessed or penalised. In this view of the matter, the levy of penalty on minor without he being represented by a guardian, is a nullity. Penalties levied on Anurag and two other minors cannot, therefore, be sustained. In view of the foregoing discussion, all the penalties are cancelled. 9. In the result, the appeals are allowed.
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1990 (10) TMI 149 - ITAT HYDERABAD-A
House Property ... ... ... ... ..... f obtaining the registered conveyance deed, was assessable as income from property or income from other sources. It was held that the legal ownership of the property remained with the late Nizam till February 28, 1972, i.e. the date when the registered document was executed. On that count, it was held that the rental income from the property could not be assessed to tax under sec. 22 of the Income-tax Act, 1961. 10. In view of the above position and in view of the binding decision of the Andhra Pradesh High Court in the case of Nawab Mir Barkath Ali Khan we hold that the income from property from November 1980 to March 1982 is assessable in the hands of the assessee only and the Income-tax Officer was correct in so including the income from the property in the assessee s hands for these two years. The orders of the Appellate Assistant Commissioner are accordingly reversed and the orders of the Income-tax Officer are restored. The appeals of the revenue are accordingly allowed
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