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Case Laws
Showing 381 to 400 of 501 Records
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1996 (9) TMI 121 - SUPREME COURT
Whether no notice had been issued to the appellants in regard to the recovery of any short-levied duty pursuant to such re-classification and that, therefore, no demand in this behalf could have been made or sustained?
Held that:- The order of the Collector under Section 35A gave to the appellants no notice that he proposed to make an order that would require them to pay the duty which might be found to have been short-levied if the frit was found to be classifiable under Item 23A(4). The orders of the Collector and of the Tribunal, insofar as they required the appellants to pay the short-levied duty, even though limited to the period of six months prior to the date of the notice by the Tribunal, are bad in law.
In the result, the appeal is allowed. The order of the Tribunal is set aside insofar as it directs the Central Excise authorities to recalculate the amount of the short levy in the light of its observation that recovery of the short-levied duty could be made in respect of the period of six months preceding the date of the Collector's order and requires the appellants to pay such sum.
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1996 (9) TMI 120 - SUPREME COURT
... ...
... ... ..... ive paise and there was a corresponding increase so far as the son was concerned did not lead to the inference that the five paise share of the father had been transferred to the son. This was the position also in regard to the subsequent alterations in the profit sharing arrangements of the firm, to which the other questions related. That the share of one partner is decreased and that of another partner correspondingly increased does not lead to the inference that the former had gifted the difference to the latter. The profit sharing ratio in a firm can vary for a number of reasons, among them the ability of the partners to devote time to the business of the firm. The gift of a part of a partner s share to another partner has to be established by relevant evidence. The onus of doing so is on the Revenue. It has not been discharged in the present case. No interference with the judgment and the order under appeal is called for. The appeals are dismissed. No order as to costs.
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1996 (9) TMI 119 - SUPREME COURT
Computation Of Capital, Super Profits Tax ... ... ... ... ..... ere is no repugnancy or inconsistency between section 20 of the Wealth-tax Act and the provisions of the Kerala Act. The learned judge likened the effect of the Kerala Act as bringing about a disruption in the status and held that a mere disruption in the status of an Hindu undivided family does not disable the Wealth-tax Officer from making an assessment on the Hindu undivided family until and unless a finding is recorded as contemplated by section 20 of the Wealth-tax Act. May be that two views are possible on the question. But since a consistent view has been taken by the Kerala High Court (except for one dissonant voice) commencing from the year 1981, we are not inclined to take a different view at this distance of time. We do not think it would be advisable to upset the consistent line of authority laid down by the High Court, particularly because the Act in question is a State enactment and not an all-India enactment. Accordingly, these appeals are dismissed. No costs.
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1996 (9) TMI 118 - SUPREME COURT
Whether the gifts of ₹ 80,000 in all made by the deceased to his two daughters by debiting his capital account and crediting the accounts of the donees in his personal business book could not be included in the principal value of the estate of the deceased under section 10 of the Estate Duty Act?
Held that- When the gift was made and accepted, it was unconditional. A week later the donees requested that a partnership be formed and the amounts gifted be retained and utilised as share capital of the donees in the partnership firm to be formed. In the light of the letters written by the donees, as noticed above, we are of the view that there is nothing to suggest that parting with the enjoyment or benefit by the donee, or permitting the donor to share them out of the bundle of rights gifted in the property is referable to the gift. We agree with the contention of learned counsel for the appellant that the facts are more or less identical with the facts in Viswanathan's case [1976 (9) TMI 43 - SUPREME Court] and the ratio laid down therein which has been consistently applied by this court subsequently will apply to the facts of this case.
Thus appeal allowed and answer the question referred to the High Court in the affirmative in favour of the accountable persons and against the Revenue.
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1996 (9) TMI 117 - ANDHRA PRADESH HIGH COURT
Cash Credits, Set Off ... ... ... ... ..... ence is a question of fact. It is true that there is no direct evidence of any connection between the cash credit entries and the income withheld from the books of account by the assessees. But if the Tribunal inferred that there was a connection between the profits withheld from the books and the cash credit entries, it cannot be said that the conclusion is based upon speculation. The first question sought to be raised is, therefore, purely one of fact and could not be referred under section 66. As the addition on the ground of increase in the rate of profit was made by the Commissioner of Income-tax at the appellate stage, the assessee could not have raised the plea of set off anywhere else except before the Tribunal in the appeal. The contention that the plea should not have been allowed to be raised at that stage is, therefore, untenable. In the circumstances, both the questions are answered in the affirmative, in favour of the assessee and against the Revenue. No costs.
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1996 (9) TMI 116 - ANDHRA PRADESH HIGH COURT
Assessment Year, Business Expenditure, Development Allowance, Entertainment Expenditure, Expenditure Incurred, Fines And Penalties, Sales Tax, Weighted Deduction
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1996 (9) TMI 115 - CALCUTTA HIGH COURT
Tax At Source ... ... ... ... ..... appellant did not pursue the matter to its logical conclusion after submitting the reply to the show-cause notice and, rather than having the matter adjudicated at the level of the Commissioner of Income-tax, it attempted to pre-empt proceedings pending before him and rushed to this court seeking the reliefs, as indicated above. In the light of the observations made by us in the case of Indo Asahi Co. Ltd. 1996 222 ITR 534, we have no reasons to take a different view in the present case, even though we have already indicated that the present appeal is on a weaker footing than the Indo Asahi Co. Ltd. Without therefore commenting upon the merits of the controversy between the parties and without expressing any opinion with regard to their respective contentions, finding ourselves in complete agreement with the views expressed by the learned single judge, we uphold the judgment under appeal and dismiss the appeal, but without any order as to costs. V. N. KHARE C. J.---I agree.
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1996 (9) TMI 114 - CALCUTTA HIGH COURT
Tax At Source ... ... ... ... ..... le judge has done by issuing the directions to the Income-tax Officer by disposing of the writ application. The Supreme Court decisions therefore referred to and relied upon by the appellants are of no help to them because in none of the abovereferred three Supreme Court judgments, it has been held that where the statutory authority issuing show-cause notice has the jurisdiction to do so and where the party has the opportunity to explain, the show-cause notice could be or should be quashed by the High Court at the very threshold in the exercise of the power under article 226 of the Constitution of India. For the foregoing reasons, therefore, we find no merit in this appeal and dismiss the same but without any order as to costs. After the judgment was pronounced, learned counsel for the appellants prays that operation of the judgment may be stayed. We do not find any good reason to stay the operation of the judgment. Hence, the prayer is refused. V. N. KHARE, C. J.---I agree.
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1996 (9) TMI 113 - CALCUTTA HIGH COURT
Literal Interpretation, Plant Or Machinery, Taxing Statutes ... ... ... ... ..... the express provisions of law, if law on a particular subject is clear and unambiguous. No one can import any reasoning, however sound it may appear which is contrary to the express provisions of law. In the present case, the law is absolutely clear and totally unambiguous. Even while it provides for the grant of extra-shift allowance in respect of certain items of plant and machinery, at the same time it also clearly stipulates that in respect of some specified items of plant and machinery such allowance cannot be given. It is not understandable as to how the Tribunal ignored the inscription NESA and by importing its own reasoning allowed extra-shift allowance in favour of the assessee. For the foregoing reasons, therefore, we answer the question in the negative, in favour of the Revenue and against the assessees in both the references. Our opinion may be transmitted to the Tribunal for appropriate action. There shall be no order as to costs. V. N. KHARE C. J. --- I agree.
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1996 (9) TMI 112 - GAUHATI HIGH COURT
Computation Of Capital, Super Profits Tax ... ... ... ... ..... 4 Act. After the order passed is served or published, the claim is to be preferred by the owner and the Collector is to determine the amount of compensation under section 11 of the 1964 Act till then the amount of compensation cannot be said to be due. Only on the determination of the compensation in the manner prescribed under section 11 of the 1964 Act, whatever amount is to be paid is to be paid from the date when the property stood vested in the manner prescribed under section 10. But before determination of the amount, the determination of capital gain does not arise. It will be determined only when the amount is determined. In view of the above, we find that the Tribunal was justified in passing the order. Accordingly, we answer the question in the affirmative, in favour of the assessee and against the Revenue. A copy of this judgment under the signature of the Registrar and the seal of the High Court shall be transmitted to the Income-tax Appellate Tribunal, Guwahati.
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1996 (9) TMI 111 - PUNJAB AND HARYANA HIGH COURT
Estate Duty, Net Principal Value ... ... ... ... ..... rt in Estate of Late Omprakash Bajaj s case 1977 110 ITR 263. The Madras High Court in G. Shenbagammal v. CED 1986 162 ITR 445, has also taken the similar view. A conjoint reading of sections 44 and 74 of the Act makes it amply clear that the debts and encumbrances, referred to in section 44, are primarily those debts and encumbrances which had been created by the deceased during his lifetime. The estate duty payable on the death of the deceased cannot be said to be a debt or an encumbrance falling within section 44 though, for purposes of section 74, the estate duty liability assumes the character of a first charge. But, that alone will not convert the estate duty liability into a debt or an encumbrance under section 44 of the Act. Keeping in view the nature of the estate duty liability and in conformity with the decisions of other High Courts, as discussed above, the question referred to this court for opinion is answered in the negative and against the accountable person.
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1996 (9) TMI 110 - GAUHATI HIGH COURT
Appellate Authority, Natural Justice ... ... ... ... ..... cer does not have. In this case, if the assessment is already barred, then the giving of the direction which would amount to conferring jurisdiction, will be illegal and without jurisdiction. Dr. Todi submits that in the facts and circumstances of the case, fresh assessment was not barred. This is a matter to be considered by the Assessing Officer whether the assessment was barred or not. But a blanket direction cannot be given by the appellate authority. The appellate authority can only direct the Assessing Officer to make assessment in accordance with law. As this was not done, in our opinion, the appellate authority was wrong in giving the direction. Similarly, the Board of Revenue also did not consider that aspect of the matter. In view of the above, we answer all the questions in the negative and in favour of the assessee. A copy of this judgment under the signature of the Registrar and seal of the High Court shall be transmitted to the Assam Board of Revenue, Guwahati.
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1996 (9) TMI 109 - GAUHATI HIGH COURT
Concessional Rate, Industrial Undertaking, Investment Allowance, Manufacture Or Processing Of Goods
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1996 (9) TMI 108 - PUNJAB AND HARYANA HIGH COURT
Reduction Or Waiver ... ... ... ... ..... ng full and true disclosure of his income but did not satisfy the condition regarding payment/making satisfactory arrangements for the payment of any tax or interest payable in consequence of an order passed under the Act. In the petition, there is no averment that the petitioner had either paid or made satisfactory arrangements for the payment of tax or interest payable under the Act. The five conditions laid down in section 273A of the Act are conditions precedent before the Commissioner is clothed with jurisdiction under section 273A of the Act to either waive or reduce the amount of penalty. Since, the petitioner did not satisfy one of the conditions laid down in section 273A of the Act, no case was made out for either waiver or reduction in the amount of penalty and interest. There is no infirmity in the orders, annexures P-4 and P-5 . The same are in conformity with the provisions of the Act and the law laid down in various judgments of this court. Dismissed. No costs.
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1996 (9) TMI 107 - GAUHATI HIGH COURT
Assessing Officer ... ... ... ... ..... on. It is sufficient to indicate that the point was never raised before the Commissioner of Income-tax (Appeals) that it was barred by limitation. In view of the above, in our opinion, there is no scope for the assessee to make any submission before this reference court that the matter was barred by limitation. As the Tribunal had given an order for making a fresh assessment it was open to the Assessing Officer to make a fresh assessment and for the same purpose if certain amount is left out, in our opinion, that can be added. However, it must be done in accordance with law. We are asked to give opinion whether inclusion of the amount is permissible or not. In our view, this can be done in accordance with law. In view of the above, we answer both the questions in the negative, in favour of the Revenue and against the assessee. A copy of this judgment under the signature of the Registrar and the seal of the High Court shall be transmitted to the Income-tax Appellate Tribunal.
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1996 (9) TMI 106 - GAUHATI HIGH COURT
Agricultural Income, Manufacture And Sale ... ... ... ... ..... e of cultivation of tea should be found out and be taken as expenditure to derive income from agriculture. We also find it difficult to accept the submission of Mr. Gogoi that a notional percentage of expenses should be taken out for the purpose of giving allowance to the extent of 60 per cent. in the manner prescribed for the purpose of determining the income. The Legislature thought it fit to prescribe the percentage for determining the income both agricultural and business. It is the legislative wisdom not to prescribe any percentage for the purpose of ascertaining the expenses. On going through all the provisions of the Act and the relevant Rules, in our opinion, whatever amount spent is disallowed by the Income-tax Officer can be allowed by the Agricultural Income-tax Officer. However, we make it clear that it must relate to plantation, manufacture and sale of tea. Accordingly, we answer all the questions in the negative in favour of the assessee and against the Revenue.
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1996 (9) TMI 105 - CALCUTTA HIGH COURT
Tax At Source ... ... ... ... ..... red perhaps may not properly serve the ends of justice. We are, therefore, of the opinion that an opportunity has to be afforded to the appellants to file an application for condonation of delay in preferring the appeal beyond the period of limitation, and depending upon the result of such an application, if filed, we can decide finally the question as to whether the delay in filing the appeal can be or cannot be or should not be condoned. Undoubtedly our decision on the application for condonation of delay, if at all filed, shall entirely depend upon the facts that are brought out in that application. For the foregoing reasons, therefore, we adjourn the case for two weeks from today. It is open in the meantime to the appellants to file an application for condonation of delay, if so advised. If, however, no such application is filed, the appeal shall be liable to be dismissed as time-barred on being listed in the court immediately after two weeks. V. N. KHARE C. J.--I agree.
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1996 (9) TMI 104 - ANDHRA PRADESH HIGH COURT
Assessing Officer, Best Judgment Assessment ... ... ... ... ..... cancellation of the registration. Withdrawal of the benefit of registration in respect of an assessment year results in serious consequences. It is penal in nature in that the consequences are very serious to the assessee and that is why discretion is conferred on the Assessing Officer by requiring him to give a second opportunity. A penal provision must always be interpreted strictly and if two views are possible, the benefit should go to the assessee. The Income-tax Appellate Tribunal had not decided the matter on the merits it only remitted the matter to the Income-tax Officer for fresh consideration by exercising his discretion properly on the materials available. There was no necessity for the Tribunal to refer the question for the opinion of this court especially when it was directly covered by a series of decisions including the one by this court. For these reasons, we answer the question in the affirmative, in favour of the assessee and against the Revenue. No costs.
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1996 (9) TMI 103 - PUNJAB AND HARYANA HIGH COURT
Tax At Source ... ... ... ... ..... rent view about the applicability of section 194C while issuing directions in its two circulars dated May 29, 1972, and September 26, 1972, but, later on, giving an erroneous and misconceived interpretation to the observations of the Supreme Court in Associated Cement Co. Ltd. s case 1993 201 ITR 435, the Board issued unsustainable and illegal directions (Circular No. 681, dated March 8, 1994). The intention of the Legislature, while enacting section 194C, is clear and unambiguous and it shall have to be seen in the background of subsequent legislative acts which have already been discussed earlier. Once a provision by way of enactment of section 194E was attempted to be made in the Act in the year 1987, and since that effort did not materialise, a new provision ultimately came to be inserted in section 194J in the year, 1995. The impugned Circular No. 681, dated March 8, 1994, is, therefore, quashed. The writ petitions stand allowed in the above terms. No order as to costs.
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1996 (9) TMI 102 - PUNJAB AND HARYANA HIGH COURT
Appeal To AAC ... ... ... ... ..... ere barred by limitation, is a matter which did require examination separately. These two grounds raised by the assessee in her appeal before the Appellate Assistant Commissioner were sufficient to give rise to a plea of denial of liability to be assessed under the Act. The assessee s pleas regarding the invalidity of the returns and about the orders being time-barred may or may not ultimately find favour with the appellate authority but these pleas did constitute a basis for denial of liability to be assessed. Since there is a specific and distinct provision for an appeal in a case of denial of liability in clause (c) of section 246(1), the answer to the question of law, referred to this court for opinion, is in the negative. Therefore, the question is answered in favour of the assessee and against the Revenue. The assessee s appeals were maintainable under clause (c) of section 246(1) of the Act and have to be heard on the merits. Ordered accordingly. No order as to costs.
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