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Showing 41 to 60 of 100 Records
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1979 (6) TMI 62 - ITAT DELHI-D
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... ... ..... under s.148 r/w s. 143(3) for this year, do not indicate any material to justify the conclusion that the impugned addition of Rs. 6,500 represented the concealed income of the assessee firm. For its inability to prove the genuineness of these credits, these amounts were rightly added to the income of the firm. But there is no material which would justify the inference that it represented the concealed income of the assessee firm for this year. The AAC was right in following the decision of the Supreme Court in Anwar Ali s case. The decisions relied on by the Revenue turned on their peculiar facts, where it was proved that the additions made for cash credits represented the concealed income of the assessee as the explanation offered by the assessees in the said cases were found to be false. Hence, they are distinguishable from the facts of the present case. We therefore, see no reason to interfere with the order of the AAC. 8. Accordingly, the Department s appeal is dismissed.
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1979 (6) TMI 61 - ITAT DELHI-D
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... ... ..... e was unable to attend to his affairs. We are unable to appreciate the reasoning of the AAC that the mere fact that Shri K.S. Malik died on 18th June, 1973 could not be considered as a sufficient reason To hold that he would have been seriously ill at the relevant time and was unable to attend to his income-tax affairs. We are unable to see on what material or evidence the Departmental authorities reached the conclusion that Late Shri K.S. Malik was not seriously ill at the material time but was able to attend to his income-tax affairs. In the circumstances, we accept the explanation of the appellant and hold that the failure of the assessee HUF to file an estimate of its advance tax under s. 212 (3A) was not without reasonable cause and that the Departmental authorities were not justified in imposing a penalty under s. 273(c) of the Act. Accordingly, we cancel the penalty which shall be refunded to the appellant, if already collected. 3. In the result, the appeal is allowed.
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1979 (6) TMI 60 - ITAT COCHIN
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... ... ..... foresaid additional building at 5 per cent and triple shift allowance. The ITO, as already stated allowed depreciation of Rs. 17, 083 which works out at 10 per cent of the cost. It is true that he had mentioned the rate as 2 1/2 in the annexure. But one is not sure whether such mention of rate was mistake or the mention of the amount of depreciation allowable as Rs. 17,083, was a mistake. It is also to be noticed that the ITO had allowed depreciation in respect of this asset at 10 per cent only for the asst. yr. 1971-72. In any event, the point is not free from doubt and it is to be noticed that the lower authorities had not even considered the contention of the assessee that depreciation was allowable in respect of the aforesaid asset at 10 per cent. 7. For the above reasons, we hold that there was no apparent mistake which could be rectified under s. 154. We, accordingly, cancel the order by the ITO purported to be under s. 154 on 20th June, 1977. 8. The appeal is allowed.
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1979 (6) TMI 59 - ITAT CHANDIGARH
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... ... ..... that even if Lekh Ram is to accept what is contended by the assessee, it would not make any difference to the Revenue s case, but, in our view, Lekh Ram s version as to under what circumstances he happened to be in the picture, should be brought on record. At this stage, we like to mention that in the preamble of the partnership deed, it is Amin Lal son of Sohan Lal, who is mentioned as partner, and Lekh Ram s name nowhere appears. Though we accept the Revenue s contention that the AAC missed an important aspect stated by the ITO in the assessment order, reproduced above, but the AAC s non-reference to the aspect has created a confusion. We cannot say, at this stage, as to what might have been the result if the AAC had dealt with that aspect in its proper perspective. We feel that in the interest of justice, the question of registration should be re-processed by the AAC after examining Lekh Ram. 17. For the purpose of statistics, this Revenue s appeal is treated as allowed.
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1979 (6) TMI 58 - ITAT CALCUTTA-E
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... ... ..... 72. The ITO did not sent any intimation to the assessee for rejecting its applications for extension of time. The reason given in both the applications was that Sri. G.R. Kanoria, Accountant, was ill. He continued to be ill upto 30th Dec., 1971. He was on leave from 2nd April, 1971 to 30th Dec., 1971. The assessee, therefore, discharged the onus that it was prevented by a reasonable cause in late filing of the return of income. This is also a fact that the ITO did not convey his orders to the assessee for rejecting the applications. The assessee was, therefore, under a bona fide belief that its applications for extension were favourably entertained. We have also found that the ITO has also passed a stereotyped order without giving any reasons for the imposition of penalty. Thus, penalty cannot be levied under any conceivable circumstance. We, therefore, see no reason to sustain the order of the ITO. The penalty is accordingly deleted. 6. In the result, the appeal is allowed.
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1979 (6) TMI 57 - ITAT BANGALORE
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... ... ..... sessee is bound to pay a reasonable amount as compensation. No doubt, the tenant had claimed a large sum namely Rs. 2,95,820 as compensation and that is because the tenant worked out the loss to the firm the closure of the business to an extent of Rs. 2 lakhs. 9. The assessee by a board meeting had agreed to pay and had paid Rs.1lakh to the tenant. We find that such a claim is slightly excessive. Taking into consideration the interest of the tenant as having business in the acquired property for more than 30 years we hold that the tenant is entitled to a compensation of at least Rs. 75,000. What the assessee could be assessed as capital gains is not the full value of compensation received but only the net amount of compensation after paying reasonable claim of the tenant. To that extent the assessee is entitled to such deduction. As such we find that the short-term capital gains will have to be reduced by Rs. 75,000. 10. As a result, the assessee s appeal is allowed in part.
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1979 (6) TMI 56 - ITAT ALLAHABAD-A
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... ... ..... accounting period, there was still some hope of recovery and, in any case, the right of the assessee to initiate legal proceedings against the said party had not come to an end, but on 31st Dec., 1971 even when such a possibility had come to an end, therefore, it would, in our opinion, be proper and realistic to accept the assessee s claim with regard to the aforesaid amount. Accordingly, we direct that the assessee s claim for bad debt to the extent of Rs. 7,629 be accepted. 6. The ITO disallowed Rs. 1,000 out of travelling expenses on the ground that they were personal expenses of the partners and that such disallowance was backed by the past record of the assessee. The learned AAC has confirmed the aforesaid addition. The learned counsel for the assessee has not been able to point out as to how the aforesaid findings of the fact were wrong. In the circumstances, we are unable to accept the assessee s contention on this point. 7. In the result, the appeal partly succeeds.
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1979 (6) TMI 55 - ITAT AHMEDABAD-A
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... ... ..... of non-business nature. This addition is challenged before us. 9. Now, the ITO, as pointed out earlier, has invoked the provisions of s. 37(2A)/37(2B) of the Act in order to disallow the impugned expenditure would have been disallowable under s. 37 but for the restrictions placed under s. 37(2A)/37 (2B) of the Act. In this view of the matter, in absence of any materials to the contrary, the disallowance of Rs.500 under s. 37(2A) of the Act cannot be sustained. The said addition is therefore deleted. 10. The last contention relates to the addition of Rs. 250 in ready made garments account. So far as this addition is concerned the ITO made a lumpsum addition of Rs. 500 for want of quantitative details which the AAC in appeal restricted to Rs.250. 11. In our view, the nominal addition of Rs. 2501 was hardly called for when the G.P. disclosed by the assessee of 20 per cent is eminent fair and reasonable. The said addition is, therefore, deleted. 12. The appeal is partly deleted.
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1979 (6) TMI 54 - ITAT AHMEDABAD-A
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... ... ..... of non-business nature. This addition is challenged before us. 9. Now, the ITO, as pointed out earlier, has invoked the provisions of s. 37(2A)/37(2B) of the Act in order to disallow the impugned expenditure would have been disallowable under s. 37 but for the restrictions placed under s. 37(2A)/37 (2B) of the Act. In this view of the matter, in absence of any materials to the contrary, the disallowance of Rs.500 under s. 37(2A) of the Act cannot be sustained. The said addition is therefore deleted. 10. The last contention relates to the addition of Rs. 250 in ready made garments account. So far as this addition is concerned the ITO made a lumpsum addition of Rs. 500 for want of quantitative details which the AAC in appeal restricted to Rs.250. 11. In our view, the nominal addition of Rs. 2501 was hardly called for when the G.P. disclosed by the assessee of 20 per cent is eminent fair and reasonable. The said addition is, therefore, deleted. 12. The appeal is partly deleted.
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1979 (6) TMI 53 - HIGH COURT OF JUDICATURE AT CALCUTTA
Seized goods ... ... ... ... ..... urpose it must be held that so long as the order of forfeiture passed under the Act stands, the opposite party No. 1 can not take custody of the goods. 16Having given my anxious consideration to all the. facts and surrounding circumstances of the case and in view of the above discussion I pass the following order - The opposite party No. 1 will be entitled to the custody of the seized goods, pending conclusion of the inquiry or trial, on execution of a bond of Rs. 1,83,000/- (Rupees one lakh eighty three thousand only) to the satisfaction of the learned Magistrate undertaking to produce the goods when directed to do so by the learned Magistrate and on prior payment of the customs duty amounting to Rs. 1,35,612.73P (Rupees One lakh thirty five thousand six hundred twelve and seventy three paise only). The order however shall not be given effect to if and so long the order of forfeiture passed under the Act in respect of the seized goods stands. 17.The Rule is thus disposed of.
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1979 (6) TMI 52 - GOVERNMENT OF INDIA
Valuation - Charging of Rs. 10/- per car as dealer's contribution ... ... ... ... ..... d nothing to do with the manufacturing and sale account. It was clarified that this amount charged on the dealer which was matched by an equal amount from their own account and was never passed to the customers for which there was a separate arrangement between the customers and the dealers. In any case this amount was not a part of either the manufacturing cost or the manufacturing profit so as to form part of assessable value of goods in question viz., the motor vehicles manufactured by the petitioners. 2. Government of India have carefully considered the submissions of the petitioners, written as well as oral. Government accept the petitioners contention and allow the revision application with consequential relief to them.
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1979 (6) TMI 51 - GOVERNMENT OF INDIA
Valuation - Sale of Electrically operated cash registers to industrial consumers direct ... ... ... ... ..... or deciding the normal price under section 4 (1) (a) is whether or not the goods are ordinarily sold by the assessee to the buyers in the course of wholesale trade. It was contended that sales made by them were only in retail. It was also pointed out that no sales were in fact ever made on the basis of the theoretical pattern of sale which was relied upon by the Assistant Collector in his order according to which certain quantity discounts were offered to buyers buying a certain number of cash registers. 6. Government of India have carefully considered the submissions of the party written as well as oral. 7. The party have conclusively established that having regard to the nature of their product no wholesale sale was ever made in their case, even when a large number was sold to a particular customer, it was meant to be in the nature of retail sale to various units and the price charged was calculated on that basis. 8. In view of the above the review proceedings are dropped.
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1979 (6) TMI 50 - GOVERNMENT OF INDIA
Exports - Validity ... ... ... ... ..... ase the alleged shortcoming is only in respect of the route adopted by the petitioners. Due to circumstances beyond their control and in the interest of export, the petitioners had to resort to an alternative route and there is sufficient force in the argument of the petitioners. Government observe that the procedures are not an end in themselves. There are only means to a certain end. In this case, the goods intended for export and actually exported, did not have to pay duty if export took place to the satisfaction of the Assistant Collector and for that the petitioners observed certain formalities. Different formalities had become necessary because the mode of export was changed. However, since the Assistant Collector is satisfied about the fact of the export which is the object of the formality, he should go by the substance and not the form and regularise them now or deem them to have complied with rather than demand duty. The revision application is accordingly allowed.
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1979 (6) TMI 49 - GOVERNMENT OF INDIA
Three-in-one Oil is classifiable under Item 11B of Central Excise Tariff - 'Blending' and 'Compounding' - Valuation
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1979 (6) TMI 48 - GOVERNMENT OF INDIA
Punching Machines - Double hole perforators ... ... ... ... ..... tamp punchers did not fall under the term punching machines. It was argued that when single hole perforators are held to be outside the purview of the Tariff Item there is no reason why the double hole perforators manufactured by them should be held to be dutiable. 3. Government of India have carefully considered the submission of the petitioner, written as well as oral. Government observe that since the single hole perforators are not treated as punching machines falling within the meaning of Tariff Item No. 33D the impugned goods which are double hole perforators would on the same analogy fall outside the purview of the Tariff Item No. 33D of the C.E.T. The Revision Application is, therefore, allowed. EDITOR S COMMENTS It is submitted that this decision is not correct because the double hole perforators are nothing but punching machine themselves. Moreover as per Serial No. 19 of Notification No. 51/70 even the Perforating Machines are liable to duty under Tariff Item 33D.
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1979 (6) TMI 47 - HIGH COURT OF MADRAS
Matches - Safety matches and Bengal lights - 'Output' ... ... ... ... ..... rom the levy on Bengal Lights manufactured in the factory. If, for the purpose of levying excise duty, matches and Bengal lights could be clubbed together having regard to the definition of match in the Act, two different Notifications No. 45 of 1961 relating to Bengal lights and No. 162 of 1967 relating to matches would have been totally unnecessary. I am, therefore, of the opinion that it is not possible to club the manufacture of Bengal lights and safety matches for the purpose of levying excise duty at the enhanced rate and that duty could be levied on Bengal lights only separately as provided for in the Notification No. 45 of 1961, and on matches other than Bengal lights manufactured by the petitioner separately in accordance with the provisions of Notification No. 162 of 1967 and that the demand made on the petitioner clubbing the manufacture of both the kinds of matches is invalid in law. 9. The writ petition is accordingly allowed with costs Advocate s fee Rs. 200/-.
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1979 (6) TMI 46 - HIGH COURT OF BOMBAY
Repairing, remelting or refining of worn out spinnerettes - Perverse view - Effect ... ... ... ... ..... e repaired spinnerette which the petitioners have imported back to this country. There is no merit in this contention. The facts and circumstances as pointed out hereinabove leave no manner of doubt that the spinnerettes imported by the petitioners under the Import Licence are the identical one which were exported for the purpose of repairs. The authorities below have clearly taken a perverse view of the facts and circumstances of the case and their orders cannot be sustained. The petitioners are entitled to the advantage of notification No. 58 of 1961 and denial of the same is entirely illegal and unjust. 11. In the result, the petition succeeds and the Rule is made absolute in terms of prayers (a) and (b) of paragraph 19 of the petition. The respondents shall pay the costs of the petition. At this stage, Mr. Kotval requests that the writ should be held back for a period of 4 weeks to enable the Department to file an appeal before the Division Bench. The prayer is rejected.
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1979 (6) TMI 45 - HIGH COURT OF BOMBAY
Component parts for diesel engines - Writ Jurisdiction - Criteria for interference ... ... ... ... ..... construction of the concerned entry and as such it is necessary to set the things right in this petition. 14. Though in this petition the contention was raised that the dumpers are not motor vehicles, the same has been given up by the learned Counsel of the petitioner in view of the decision of the Supreme Court, in Bolani Ores Ltd. and Ors. v. State of Orissa and Ors. reported in AIR 1975, S.C. 17, and also in view of the decision of Hon ble Mr. Justice B. N. Deshmukh (as he then was) in Misc. Petition No. 630/69 (with Misc. Petition Nos. 631 to 635/69 and 668/69), decided on 15th March, 1976. 15. In the result, the petition succeeds and the rule is made absolute in terms of prayer (b) of paragraph 21 of the petition. The orders passed by the Authorities below are quashed and the respondents are directed to refund the amount of Rs. 9,91,537.14 P. to the petitioner within a period of six months from today. In the circumstances of the case there will be no order as to costs.
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1979 (6) TMI 44 - HIGH COURT OF BOMBAY
Revision - Scope - Customs - Principles of interchangeability - Connotation of - Writ jurisdiction
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1979 (6) TMI 43 - HIGH COURT OF BOMBAY
Dross and skimmings are neither 'goods' nor 'end-products' - Proforma credit - Admissibility on dross and skimmings - Scrap or refuse - Dutiability
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