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Case Laws
Showing 161 to 180 of 233 Records
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1982 (2) TMI 74 - HIGH COURT AT CALCUTTA
Penalty — Imposition of without hearing is invalid ... ... ... ... ..... s to them. 4. If by the order as mentioned in annexure H the proceedings as intitiated through the show cause notice, which was also in issue in the order in annexure I was dropped, then such order in annexure I , as made subsequently, was not given appropriated opportunities of being heard. 5. Although, after the Rule was made ready for hearing on 22-2-1978 an affidavit-in-opposition as mentioned above, was filed, nobody appeared for the respondents, when the matter was considered. The original of the affidavit-in-opposition was also not available in the record and as such a copy, which was produced by Mr. Sircar, was the order in annexure I appeared to me to have been passed without due and appropriate opportunities to the petitioners. So, after hearing Mr. Sircar, I make the Rule absolute and set aside the order in annexure I . The respondents of course, will have liberty to reconsider the matter, if they so want or wish, after giving due opportunities to the petitioners.
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1982 (2) TMI 73 - HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYD.
Burden of proof lies on the person from whom smuggled goods were recovered ... ... ... ... ..... from Switzerland or from Japan. The case of Babulal (1) belies the assertion of the defence. That case and host of other cases show, Sec. 123 was applied in proceedings before the criminal court. The learned Counsel is unable to cite any authority that Sec. 123 of the Act is inapplicable in criminal cases. The contention on behalf of the watch dealer does not hold water. Thus, on facts of the case, eighteen wrist watches of foreign origin were recovered and Mallikarjun is unable to prove that they are not smuggled goods, therefore, he should and is accordingly held guilty of the offence he was charged in the criminal case. 6. The next question for consideration is that punishment should be imposed. It is seen the value of eighteen watches is Rs. 5,800/-. Therefore, Mallikarjun is convicted under Sec. 135 of the Act 52 of 1962 and s ordered to pay a fine of Rs. 5,800/-, In default of payment of fine, he shall undergo rigorous imprisonment for two years. The appeal is allowed.
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1982 (2) TMI 72 - HIGH COURT OF ORISSA
Precedents - Binding effect of Appellate Collector's orders. - Demand - Precedent ... ... ... ... ..... d have the statutory colour. Mr. Mohanty for the petitioner says that these amount so collected would be deposited with a Bank in a Fixed Deposit Account for a term bearing interest at the approved bank rate and if the statutory liability is ultimately sustained the amount may be taken over. To meet such a contention, the learned Standing Counsel says that he is also prepared that the amount may be made over to the Department but would not be appropriated towards general revenue and would be deposited in a special account with a bank which would bear interest. He concedes that in the event of the petitioner s stand succeeding, the amount along with the interest accrued thereon may be taken by the petitioner to be disbursed to the person from whom it may have been collected. The amount which would be in the Fixed Deposit Account should be transferred to the petitioner within one month from the final disposal of the revision. 6. This disposes of the writ application. No costs.
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1982 (2) TMI 71 - HIGH COURT OF JUDICATURE AT ALLAHABAD
Valuation - Packing in wooden boxes - Manufacturing costs - Connotation of - Chargeability and Valuation - Distinction and scope - Wholesale cash price - Excise duty - Chargeability vis-a-vis valuation
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1982 (2) TMI 70 - HIGH COURT OF DELHI AT NEW DELHI
Valuation - Customer cannot be treated as distributor even if goods are produced with his brand name - Sale under contract - Determination of value
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1982 (2) TMI 69 - HIGH COURT OF DELHI AT NEW DELHI
Goods manufactured with customer's brand name - Capital Investment ... ... ... ... ..... e show cause notice dated November 7/8, 1979 (Annexure G ). We further issue a mandamus to the respondents to permit the petitioner to avail of the benefit of exemption under Notification No. 208/77-CE, dated July 2, 1977 in respect of the goods manufactured by it and supplied and sold to the Gramophone Company, being HMV 2 Band TR 402 Ranger radio transistors sets by virtue of the order placed on the first petitioner by the Gramophone Company s communication dated August 13, 1979 (Annexure D ). We further prohibit the respondents from insisting that the first petitioner should file a fresh classification list or price-list in Part IV and direct that the first petitioner be permitted to clear the said HMV radio sets on the basis of the classification list dated November 16, 1979 already submitted. The said list should be approved by respondents 2 and 3 to enable the first petitioner to clear its goods. The petitioners will be entitled to their costs. Counsel s fee Rs. 500/-.
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1982 (2) TMI 68 - GOVERNMENT OF INDIA (REVISION CASE)
Valuation - Deletion of word 'normally' in preference to 'ordinarily' - Interpretation - 'Place of importation' - Wholesale Cash price - Relevancy of
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1982 (2) TMI 67 - PUNJAB AND HARYANA HIGH COURT
Burden Of Proof, Penalty ... ... ... ... ..... supplied to the assessee, the amounts of concealment are mentioned as Rs. 25,000. If that was so, the penalty proceedings thereof could have proceeded before the Income-tax Officer. There have been, of course, some additions in the original orders of the Income-tax Officer-in his file which tend to show that he mentioned that the penalty amounts exceeded Rs. 25,000, because of the interest on those deposits. We are not certain when these additions were effected. The benefit of the same is given to the assessee. On the present record, Mr. Awasthy was unable to firmly assail the aforesaid observations of the Tribunal. That being so, we are unable to hold that the reasons which prevailed with the Tribunal in not imposing the penalty for the two subsequent years are not tenable. As a necessary consequence, the answer to question (ii) is rendered in the affirmative i.e., in favour of the assessee and against the revenue. PREM CHAND JAIN J.-I agree. KULWANT SINGH TIWANA.-I agree.
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1982 (2) TMI 66 - ALLAHABAD HIGH COURT
Limitation, Reassessment ... ... ... ... ..... ld be assessed in the hands of M/s. Goel Brothers. Consequently, the department could not successfully claim that the notices to M/s. Goel Brothers were issued in consequence of or to give effect to any finding or direction contained in the Tribunal s order. As noted earlier, the AAC while disposing of the appeal of M/s. Goel Brothers, annulled the assessment made on M/s. Goel Brothers as a protective measure. The department did not take any step to keep these assessments alive. Section 150(1) not being applicable to the case, proceedings initiated by the issuance of a notice under s. 148 of the Act were incompetent being barred by time. Similar view was taken in a recent decision of this court in I.T.R. No. 884 of 1976, Gupta Traders v. CIT decided on December 15, 1981 ( 1982 135 ITR 504). In the result, the question referred is answered in the affirmative, against the department and in favour of the assessee. The assessee is entitled to costs which are assessed at Rs. 250.
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1982 (2) TMI 64 - PUNJAB AND HARYANA HIGH COURT
Reassessment ... ... ... ... ..... he racket of hawala business, and the farthest that the revenue has been able to reach, is that the six firms whose names are mentioned in the earlier part of the judgment, were also found to be members of the said group of firms. There is, however, neither any allegation nor evidence to show that these six firms had entered into bogus transactions with the applicant in this case. This being so, the present case would be covered by the dictum of the Supreme Court in Lakhmani Mewal Das cage 1976 103 ITR 437 and Madnani Engineering Works Ltd. case 1979 118 ITR 1 which were followed by our court in Rajive Textile Mill s case 1980 125 ITR 581. In the result, question (a) of the reference is answered in the negative, i.e., in favour of the assessee and against the revenue. In view of the answer to question (a), the other two questions (b) and (c) do not arise and are, therefore, returned unanswered. There will be no order as to costs of this reference. PREM CHAND JAIN J.-I agree.
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1982 (2) TMI 63 - DELHI HIGH COURT
Business Expenditure, Payments In Cash ... ... ... ... ..... made during the year under consideration. The ITO treated the written reply as untenable. He held that it disregarded the principles of accountancy which required adjustment chronologically. However, he failed to appreciate that the assessee was entitled to have the payments applied to the discharge of a particular debt for the reasons discussed above. For the reasons outlined above, we are in agreement with the conclusion of the learned Accountant Member of the Tribunal that in the circumstances of the case, the cash payments must be deemed to have been adjusted against the earlier sums due to M/s. G. R. Co. on 1st April, 1969. As already noted, we do not propose to answer the first part of the question which deals with whether the amount spent for purchases constitutes expenditure , but we answer the second part by saying that the Tribunal was right in deleting the addition made by the ITO. As the assessee has succeeded, it will be entitled to costs. Counsel s fee Rs. 350.
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1982 (2) TMI 62 - BOMBAY HIGH COURT
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... ... ..... association of persons is specifically covered by virtue of the indications given in ss. 5 and 21 by the word individual and that by virtue of the negative indication given by ss. 2(h)(iii) and 4(1)(b) read with r.2, an association of persons or a body of individuals, apart from trustees, is not covered by the word individual in s. 3. That is the only possible conclusion that one can reach in the light of the provisions of the W.T. Act and the indications given by the W. T. Act. The Gujarat High Court thus held that the petitioner-club in that case which was an association of persons was not an individual for the purpose of the W.T. Act and hence not an assessable entity as an individual nor was there any provision in the W.T. Act which makes an association of persons like the petitioner-club an individual . In the view which we have taken, the question referred to us must be answered in the negative and in favour of the assessee. The assessee to got costs of this reference.
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1982 (2) TMI 61 - CALCUTTA HIGH COURT
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... ... ..... which was included with effect from lst April, 1974, only as a clarificatory measure, we must proceed on the basis of what the law was at the relevant time, not by taking a subsequent law as declaratory provisions of law. It does not appear from the scheme of the Act or the subsequent amendment made that it was so. Even apart from it, this aspect of the matter does not in any way help the revenue in our opinion. In view of the directions of the Tribunal that if the actual amount of debenture utilised in the particular year was less than Rs. 20 lakhs, the amount to be included would have to be reduced accordingly, in the facts and circumstances of the case and the language used, in our opinion, the Tribunal appears to have come to a correct conclusion. In the premises, the question referred to us is answered in the affirmative and in favour of the assessee. In the facts and circumstances of the case, the parties will pay and bear their own costs. SUHAS CHANDRA SEN J.-I agree.
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1982 (2) TMI 60 - DELHI HIGH COURT
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... ... ..... ed on the previous wording of s. 7(2). In that case, the assessment year under consideration was 1964-65, which was prior to the amendment made with effect from 1st April, 1965. In our view, neither of the two decisions has now any application. For the sake of convenience, it may be mentioned that in the case before the Calcutta High Court, the outstanding bills of a solicitor were treated as recoverable debts and the adjustment was made accordingly. It has apparently not been noticed by the WTO and also the AAC or the Tribunal that the section has been amended and now the jurisdiction of the WTO to make adjustments in the balance-sheet has become extremely limited so that neither decision cited before us has any application to the present case. Having dealt with both the factual and legal questions, we find that this is not a case in which any reference is required. We, accordingly, dismiss the same and make no order as to costs as there is no appearance for the respondent.
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1982 (2) TMI 59 - BOMBAY HIGH COURT
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... ... ..... ncome liable to tax and in such a case, under that provision, the penalty imposable under sub-s. (1) is not to exceed Rs. 25. In the instant case, the assessee has been assessed on a substantial income on which the tax payable has been found to be Rs. 3,635. The provisions in sub-s. (4A)(ii) of s. 271 of the 1961 Act also do not seem to have any relevance because that sub-section deals with the discretion of the Commissioner to reduce or waive the minimum amount of penalty imposable on a person under cl. (iii) of sub-s. (1) of s. 271 and cl. (iii) refers to penalty in the case of an assessee who has concealed the particulars of his income or furnished inaccurate particulars of his income. We, therefore, decline to answer the question because it does not arise out of the order of the Tribunal in appeal. Accordingly, question No.1 is answered in the negative and against the assessee. Question No. 2 is not answered. In the circumstances of the case, we make no order as to costs.
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1982 (2) TMI 58 - BOMBAY HIGH COURT
Acquisition Of Property To Prevent Evasion Of Tax ... ... ... ... ..... he same even if the lease had been of a shorter duration provided the period of lease was more than one year. In these circumstances, we fail to see why merely because the period of lease is a little longer than in the case of CIT v. Bombay Cycle and Motor Agency Ltd. 1979 118 ITR 42 (Bom), we should take a different view of the matter. Had the amount claimed included any amount claimed to have been paid by way of premium for acquiring the leasehold premises, we might have well taken a different view. As held in CIT v. Bombay Cycle and Motor Agency Ltd. 1979 118 ITR 42, the period of the lease could not be regarded as decisive of the circumstance as to whether the asset or advantage secured is of an enduring nature. In the result, we answer the question referred to us as follows The sum of Rs. 10,700 in question was in the nature of revenue expenditure. It is clarified that the reference is decided in favour of the assessee. The Commissioner to pay the costs of the reference.
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1982 (2) TMI 57 - BOMBAY HIGH COURT
Business Expenditure, Company, Recognised Provident Fund ... ... ... ... ..... ion was that the Tribunal had failed to consider the argument under s. 37 which is entirely different from contending that the Tribunal should have granted the, relief to the assessee under the provisions of s. 37 of the I.T. Act. We do not see any warrant in view of the facts of the present case to take the view that the Tribunal should be called upon to deal with the question again for the first time as to whether the assessee was entitled to a claim under s. 37 in the absence of any findings recorded necessary for the purposes of adjudication of a claim for deduction under s. 37. It would also not be possible for us to accept the argument of Mr. Dastur that in any case, alternatively, the claim for deduction was permissible under s. 37 of the I.T. Act. In the view which we have taken, the question referred to us must be answered in the affirmative and against the assessee. The assessee will pay the costs of this reference. Motion stands rejected with no order as to costs.
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1982 (2) TMI 56 - BOMBAY HIGH COURT
Income From Business ... ... ... ... ..... derived from the hiring out of the same should be regarded as business income. In the result, questions Nos. 1 and 2 referred to us must be answered as follows Question No. 1 On the facts and in the circumstances of the case, the income derived by the assessee-company from the auditorium constituted its income chargeable under the head Business and not under the head Other sources Question No. 2 On the facts and in the circumstances of the case, the income derived by the assessee-company for providing air-conditioning service to the tenants of the building was income chargeable to tax under the head Business and not under the head Other sources . As far as question No. 3 is concerned, it is common ground that the answer to that question depends on the answers to the aforesaid questions. In accordance with the aforesaid answers, question No. 3 is answered in the affirmative, that is, in favour of the assessee. The Commissioner to pay the costs of the reference to the assessee.
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1982 (2) TMI 55 - ORISSA HIGH COURT
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... ... ..... g penalty for failure to carry out a statutory obligation is the result of a quasi-criminal proceeding, and penalty will not ordinarily be imposed unless the party obliged either acted deliberately in defiance of law or was guilty of conduct contumacious or dishonest, or acted in conscious disregard of its obligation. The Tribunal exercising appellate jurisdiction was entitled to consider whether circumstances existed which warranted levy of penalty and on the basis of facts placed before it, it has come to the factual conclusion that the situation was such that visiting the assessee with penalty was not warranted. We do not think, out of such a situation question of law can be carved out. We accordingly hold that the finding of the Tribunal was concluded by fact and no question of law emerges out of the appellate order for being dealt with by this court. Parties are directed to bear their own costs of these references. B. K. BEHERA J.-I agree with my Lord the Chief Justice.
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1982 (2) TMI 54 - BOMBAY HIGH COURT
Association Of Persons, Body Of Individuals, Interest Income ... ... ... ... ..... holders because even initially the title to the income proportionate to the contribution of share capital vested in the shareholders themselves and the promoters were merely acting as agents. Where income is received by an agent, he receives it for and on behalf of the principal and there is no question of any overriding title. Consequently, question No. 3 must be answered by holding that the principle of diversion by overriding title was not applicable in the instant case. Having regard to the discussion on the first two questions, the answer to question No. 4 has to be in the negative. The four questions are accordingly answered as follows Question No. 1 In the affirmative and against the revenue. Question No. 2 In the affirmative and against the revenue. Question No. 3 Principle of diversion of income by overriding title is not attracted on the facts of the present case. Question No. 4 In the negative and against the revenue. The revenue to pay the costs of this reference.
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