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Case Laws
Showing 141 to 160 of 293 Records
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1988 (3) TMI 191 - CEGAT, NEW DELHI
Manufacture of soap ... ... ... ... ..... tification of 24th April, 1962. Thus, the decisions cited by the learned advocate do not help the case of the appellants. 9. From the facts of the present case, we observe that both steam and power were used in the integrated process of manufacture of soap. The Collector of Central Excise, Indore was, therefore, correct, on facts and in law, to hold that benefit of exemption Notification No. 28/64-C.E., dated 1.3.64 was not admissible to the appellants in respect of soap manufactured in their factory. The duty was, therefore, payable by the appellants. 10. The Collector has restricted the demand for duty to a period of six months prior to the issue of show casue notice under Section 11-A of the Central Excises and Salt Act, 1944 read with Rule 9(2) of the Central Excise Rules. The part of his decision is also sustainable in law. 11. In the light of the above discussions, we do not find any infirmity in the impugned order. we, therefore, uphold the same and dismiss the appeal.
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1988 (3) TMI 190 - CALCUTTA HIGH COURT
Import - Portable generators ... ... ... ... ..... ce and the adjudication order and appellate order referred to above,in respect of the goods imported under the cover of additional licence, which is the subject matter of the writ petition. 51. The petitioners are further discharged from the ldquo Bank guarantee rdquo which has been executed for Rs.20 lacs, in view of the order of the ldquo appeal court rdquo , dated June 16, 1982, in F.M.A.T. 1553 of 1982 and the ldquo personal bond rdquo for Rs.l,50,70,000/- forthwith. 52. The respondents are further directed to issue ldquo detention certificate rdquo to the petitioners within a period of fortnight from the date of communication of this order to the respondents, subject to all the formalities of the Customs Act, 1962, and in accordance with law. 53. The Rule is made absolute. 54. There will be no order for costs. 55. Let copy of the operating part of the judgment countersigned by the Assistant Registrar (Court), be given to both parties for communication to the respondents.
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1988 (3) TMI 189 - CEGAT, NEW DELHI
... ...
... ... ..... uced prices from the Government and semi-Govenment purchasers from 1.3.1978 onwards. There is no lapse on the part of the appellants in not sending the revised price list to the Assistant Collector in advance they themselves did not receive the intimation of price reduction from the DGS and D in advance. As soon as they received the intimation, they informed the central excise authorities also. In the circumstances, it is not fair to ask them to pay duty on higher prices when they realised only lower prices from 1.3.1978. We note that the lower authorities do not suspect any irregularity or objectionable feature in the transactions. In the circumstances, it would be unjust to insist that the reduced prices should be accepted as the basis of calculation of excise duty only from 29.3.1978. 6. In the result, we allow the appeal. The Assistant Collector shall give consequential relief to the appellants by giving effect to the relevant Part II price list with effect from 1.3.1978.
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1988 (3) TMI 165 - SUPREME COURT
Prosecution of Managing Director [Respondent No. 2] - Held that:- Once the order of the High Court is vacated the order of the learned Magistrate would revive and the prosecution as directed by the learned Magistrate has now to continue. The petition of the complainant shows that the offence was committed between 1967 and 1969 which is some 20 years back. While we have no sympathy for the Respondent No. 2 and we are clearly of the opinion that he has no equity in his favour and the delay after the complaint had been filed has been mostly on account of his mala fide move, we do not think it would be in the interest of justice to allow a prosecution to start 20 years after the offence has been committed. If we could convict the Respondent No. 2 in accordance with law, we would have been prepared to do so taking the facts of the case and conduct of the respondent into consideration but that would not be possible within the framework of the law of procedure. We, therefore, do not propose to allow the learned Magistrate to proceed with the trial of the case at this belated stage. We accordingly direct the case to be closed against Respondent No. 2 without further delay
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1988 (3) TMI 162 - ITAT NAGPUR
Assessment Year, Gold Bonds, Net Wealth, Valuation Date ... ... ... ... ..... ate the asset in the possession of the assessee was National Defence Gold Bonds. Its possession was legally sanctioned and recognised in view of the extension granted for encashment of such bonds up to 31-3-1982. They continued to enjoy exemption under section 5(1)(xvia) of the WT Act. As long as they were held as gold bonds and as long as the exemption available to such bonds was not withdrawn after October 1980, such exemption had to be conferred on the assessee. The assessees were free not to encash or insist on the repayment of the gold bonds and were required to declare the value of the gold only after it received repayment in the form of gold on encashment of the bonds for which it had to follow certain set procedure. 6. We are, therefore, satisfied that the CWT (A) was fully justified in granting exemption under section 5(1)(xvia) of the Act. We would not, therefore, interfere with the orders of the CWT(A) which are confirmed and the departmental appeals are dismissed.
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1988 (3) TMI 160 - ITAT MADRAS-D
Assessment Year ... ... ... ... ..... is stated that according to the custom of this community, presents are made at the time of marriage of the daughter commensurate with the status of the assessee. The consideration for transfer by way of presents is the discharge of a statutory obligation imposed on the father under the Maintenance Act. From this, it follows that the transfer is not without consideration. When it is not without consideration, the transfer ceases to be a gift and consequently the same would not be exigible to gift-tax. In this view of the matter, we are of the opinion that the presents made by the father to his daughter on the occasion of her marriage in the form of jewellery, silver articles, cash, etc., cannot by any stretch of imagination be construed as a gift within the meaning of section 2(xii) of the Gift-tax Act and consequently the same cannot be subjected to Gift-tax. Accordingly, we set aside the orders of the lower authorities on this point. 12. In the result, the appeal is allowed.
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1988 (3) TMI 159 - ITAT MADRAS-D
Property Passing On Death ... ... ... ... ..... perty known as Kesava Bagh . The Vendors also gave the go bye to the will for establishing the title. Thus the department was unable to substantiate the plea that she surrendered her right in favour of her son. Even in the order passed by the AAC in IT Appeal No. 1286/80-81/1(4), dated 9-7-1984 for the assessment year 1973-74 after analysing the facts in detail in the light of certain judicial pronouncements he clearly came to the conclusion that the property Kesava Bagh was in the possession and enjoyment of both the mother and the son jointly and, therefore, he held that they are the co-owners of this property having half share each. Thus, considering the facts appearing in this case in the light of the above discussion, we hold that the order passed by the Appellate Controller of Estate Duty on this point is quite correct and reasonable. In that view of the matter, we are unable to interfere with the same. 23. In the result, the appeal filed by the department is dismissed.
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1988 (3) TMI 156 - ITAT MADRAS-B
... ...
... ... ..... or the assessee. We, therefore, accept the same and direct the IAC to verify the correctness of the workings furnished by the assessee s learned counsel and add the difference only in accordance with law, after giving an opportunity to the assessee to prove the correctness of the said statements. 28. The two decisions of the Madras High Court in G.R. Ramachary s case and A.L.A. Firm rsquo s case, relied on by the Revenue are inapplicable to the facts of the present case as there was no dissolution of the partnership business as a result of which there was a closure of the business of the firm. On the contrary, there was only a change in the constitution of the firm after which the remaining partners continued to carry on the business of the firm during the previous year. It is not, therefore, necessary for us to examine in detail the contentions raised by the Revenue on the basis of these two decisions. 29. In the result, the Revenue appeal is to be treated as partly allowed.
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1988 (3) TMI 153 - ITAT MADRAS-B
Profits And Gains ... ... ... ... ..... ee. We, therefore, accept the same and direct the IAC (Assessment) to verify the correctness of the workings furnished by the assessee s learned counsel and add the difference only in accordance with law, after giving an opportunity to the assessee to prove the correctness of the said statements. 28. The two decisions of the Madras High Court In G.R. Ramachari and Co. s case and AIA Firm s case, relied on by the Revenue are inapplicable to the facts of the present case as there was no dissolution of the partnership business as a result of which there was a closure of the business of the firm. On the contrary, there was only a change in the constitution of the firm after which the remaining partners continued to carry on the business of the firm during the previous year. It is not, therefore, necessary for us to examine in detail the contentions raised by the Revenue on the basis of these two decisions. 29. In the result, the Revenue s appeal is to be treated as partly allowed
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1988 (3) TMI 150 - ITAT MADRAS-A
... ...
... ... ..... capement or not, we are unable to agree with the learned counsel for the assessee. The issue is one of looking into the merits of the order passed by the IAC for each of the years and to decide whether there was an error prejudicial to the Revenue or not. It is open to the Commissioner to examine this in the light of the submissions of the assessee and to arrive at his independent conclusions thereon. This is not a case where the Commissioner is substituting his satisfaction for the reasons to believe of the ITO at the time of initiation of proceedings under s. 147. However, it would be open to the assessee to contest before the Commissioner that the re-opening itself was invalid for each of these years and, therefore, the IAC could not have made any assessment. This would also be a contention which would have to be gone into by the Commissioner at the time of his taking a fresh decision in the matter. The result is the appeals are treated as allowed for statistical purposes.
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1988 (3) TMI 149 - ITAT MADRAS-A
... ...
... ... ..... nsidered such appeal to be in time. In the case of Raghava Veera Sons, he should have considered the appeal memo filed on 31st Jan., 1986 duly signed by Hanumantha Rao as valid and in time and should have proceeded to dispose of the appeal on merits. 7. We accordingly set aside the orders of the CIT(A) in each of the cases in appeal and direct except in the case of M/s Raghava Veera Sons, to give an opportunity to the three assessees to file appeals and to consider the appeals as filed in time with reference to the original appeals filed on 25th Oct., 1982, provided the irregularity is made good within a reasonable time which the CIT (A) should allow. Thereafter, the CIT (A) would dispose of each of the appeals on merits. 8. As far as the case of Raghava Veera Sons is concerned, the order of the CIT(A) is set aside and the appeal is restored to his file for disposal according to merits because there is a valid appeal on his file. 9. In the result, all the appeals are allowed.
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1988 (3) TMI 145 - ITAT MADRAS-A
Assessment Order, Assessment Proceedings, Assessment Year, Orders Prejudicial To Interests, Reassessment Proceedings
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1988 (3) TMI 144 - ITAT MADRAS-A
Expenditure Incurred ... ... ... ... ..... companied it. Thus, once it is held because of the fiction introduced in sec. 40A(10) that the expenditure incurred by the trust had to be treated as expenditure laid out or expended by the assessee, all the other consequences of such treatment will follow. It will have to be treated as expenditure incurred by the assessee and all other restrictions imposed on deduction of such expenditure will have to be applied. In fact, sec. 40A(10) also provides that the deduction contemplated under that sub-sec. will be subject to other provisions of the Act. In view of the above, in our opinion, the lower authorities are justified in taking into account the expenditure incurred by the trust on providing television sets to the directors and employees of the assessee-company, into account for the purpose of calculating the amount disallowable u/s 40(c)/40A(5) of the Income-tax Act, 1961. In the circumstances, the order of the CIT (Appeals) is upheld and the assessee s appeal is dismissed.
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1988 (3) TMI 143 - ITAT MADRAS-A
Higher Rate, Net Wealth ... ... ... ... ..... family properties to the karta and, therefore, she could no longer be regarded as a member of the HUF. We are unable to accept this contention because the law does not recognise any method by which a mother ceases to be a member of the HUF unlike a wife who may obtain a divorce or a daughter who may get married or a son who may obtain a partition. Moreover, the condition for the imposition of higher rate of tax is only that a member of the HUF should have assessable wealth of more than Rs. 1,50,000 and not that such a member should hold any property of the HUF or have any claim on the property of the HUF. Therefore, the fact that she is living separately or that she is not making any claim on the HUF property will not be relevant for deciding the issue whether the condition prescribed for applying for higher rate of tax is fulfilled or not. In the circumstances, we see no reason to interfere with the orders of the authorities below. 3. In the result, the appeal is dismissed.
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1988 (3) TMI 139 - ITAT JAIPUR
... ...
... ... ..... tions of the Tribunal dt. 9th April, 1986 becomes final as the Revenue has not come up in appeal against the order of CWT(A). Thus the issue becomes now final that the setting aside of the orders by the CWT under s. 25(1) was for limited purposes regarding exemption under s. 5(1)(iii). The WTO neither can enhance nor reduce except allowing the exemption under s. 5(1)(iii). Thus we direct the WTO to see if any allowance has been made acting beyond his jurisdiction or has considered the fresh claim or allowances, it is beyond his jurisdiction. He should restrict himself regarding exemption under s. 5(1)(iii). Therefore, we remit the matter back to the WTO to verify if any fresh claim or allowance is made in giving effect to the order of the CWT under s. 25(2) beyond his jurisdiction and that should not be allowed. In case any such allowance or claim is allowed, same should be treated as withdrawn. 5. In the result the appeals of the Revenue are allowed for statistical purposes.
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1988 (3) TMI 138 - ITAT JABALPUR
... ...
... ... ..... ade on that other person. The order of the learned CIT(A) is, in our opinion, patently wrong. He should have examined the matter on merit and should not have applied the principles of res judicata on the facts and circumstances of the present case. His order, therefore, is hereby set-aside and the entire matter is restored to him for re-determination of the question of ownership of property De novo on the basis of such material as may be placed before him, and as may already be on record. In view of this, the order of the learned AAC for asst. yr. 1981-82 is also hereby set-aside and the same would be the position in regard to the orders of first appellate authority for the asst. yr. 1982-83 for whatever would be the finding in respect of asst. yr. 1981-82 would be followed in respect of asst. yr. 1982-83, facts of both the year being the same. 17. With these observations, we accept the departmental appeals and restore the appeals back to the respective Appellate Authorities.
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1988 (3) TMI 137 - ITAT HYDERABAD-B
... ...
... ... ..... must be presumed to have entertained the idea of taking production or distribution of films and therefore the Bombay High Court s decision does not go against the assessee. In the Kerala High Court s decision, there was a clear finding of fact by the Tribunal that for asst. yrs. 1966-67 and 1967-68, the business of the assessee was closed and because it is a finding of fact the Hon ble High Court held that the losses relating to asst. yrs. 1963-64 and 1964-65 cannot be carried forward and set off against the business income for 1968-69. In view of the fact that we also came to the conclusion from the material on record that the assessee never stopped her business for asst. yr. 1981-82 but continued to have the idea to take up business, the Kerala High Court s decision also, to our mind, does not correctly apply to the facts on hand. In the result, we do not see any reasonable grounds to interfere with the order of the AAC and hence dismiss the appeal filed by the department.
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1988 (3) TMI 136 - ITAT HYDERABAD-B
... ...
... ... ..... hey constitute a partnership as defined by law. It is for this consideration we feel, which view, when put across to the learned representatives for both sides during the course of hearing and subscribed to, that the matter needs a fresh look and full consideration at the assessment stage. 13. In view of the aforesaid, we set aside the impugned order and quash the assessment made and restore the case to the file of the ITO with directions that after affording an opportunity to the assessee, he will redo the assessment in accordance with the provisions of law. In doing so the ITO shall not be influenced either by the impugned order or what is observed by us in this order. Needless to state that if any consequential order has been passed by the ITO in pursuance of the directions of the first appellate order impugned before us, in view of this order being set aside, the same shall be rendered inconsequential. 14. For statistical purposes these appeal shall be treated as allowed.
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1988 (3) TMI 135 - ITAT HYDERABAD-B
... ...
... ... ..... ed in the year of account for the asst. yr. 1981-82 to make the assessee to claim this amount of Rs. 30,500 in the asst. yr. 1981-82. The orders of the Court staying the arbitration proceedings were passed, according to the assessee s letter dt. 28th Oct., 1985 to the ITO, some two years earlier to the accounting year for the asst. yr. 1981-82. There is no justification whatever for the assessee to claim that the payments of Rs. 30,500 made by it to Shri K.P.S. Nair in some earlier years should be deducted in computing its income for the asst. yr. 1981-82. The aforesaid details, in our opinion, go a long way to conclude that there was no legal justification based on sound accounting principles which entitle the appellant company to claim deduction to the extent of Rs. 30,500 during the year in account. We, therefore, approve of the Commissioner s stand which does not suffer from any blemish or legal infirmity. 19. In the result, the assessee fails and the appeal is dismissed.
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1988 (3) TMI 134 - ITAT HYDERABAD-B
... ...
... ... ..... e Calcutta High Court followed, the question was decided in favour of the assessee by the Highest Court of our land and it should be deemed to have been the settled law on the subject and, therefore, in our view the learned CIT(A) ought to have held that the ITO is not only competent but also duty bound to take into consideration the assessment records for 1979-80 of the assessee and allow set off of the losses determined for the earlier year, from the income of the present year, viz., 1980-81 and for purposes of s. 154, the record must be held to have comprised of all the material on which the assessment proceedings are to be completed. 5. In the result, we set-aside the order of the learned CIT(A) and we direct the ITO to verify the assessment record of the assessee for 1979-80and the loss determined therein should be allowed to be set off from the total income determined in the assessment of the assessee for 1980-81, if other conditions laid down under s. 72 are fulfilled.
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