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Case Laws
Showing 41 to 60 of 133 Records
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1975 (7) TMI 125 - MADRAS HIGH COURT
SALE IN THE COURSE OR IMPORT — DEALER HAVING IMPORT LICENCE TO IMPORT ZINC — CONTROLLER DIRECTING DEALER TO SELL GOODS TO PARTICULAR CUSTOMER — CUSTOMER PLACING ORDER WITH DEALER AND PAYING ADVANCE — SUBSEQUENT IMPORT AND SALE TO CUSTOMER BY ENDORSING BILLS OF LADING
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1975 (7) TMI 124 - SUPREME COURT
Whether the State Legislature is competent to enact a law under entry 54 for recovery by the State of an amount, which though not exigible under the State law as sales tax or purchase tax was wrongly realised as such by a dealer?
Held that:- Appeal dismissed. The amount which was realised by the respondent in excess of what was due as tax cannot be held to be "tax", because such excess amount was not tax payable under the Act. If the State Legislature cannot make a law under entry 54 of List II of the Seventh Schedule to the Constitution directing the payment to the State of any amount collected as tax on transactions not liable to tax under the Act, it would likewise be incompetent to make a law directing payment to the State of an amount realised by a dealer in excess of the tax payable under the Act. The amount realised in excess of the tax leviable under the Act would not stand for this purpose on a footing different from that of the amount realised as tax, even though the same could not be recovered as tax under the Act.
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1975 (7) TMI 123 - SUPREME COURT
Whether, in the facts and circumstances of the case, the applicant was a dealer during the assessment period under the Act and the imposition of purchase tax on him under section 7 of the Act was in order?
Held that:- Allow these appeals, set aside the judgment of the High Court as section 7-A itself is a charging section. It creates a liability against a dealer on his purchase turnover with regard to goods, the sale or purchase of which though generally liable to tax under the Act have not, due to the circumstances of particular sales, suffered tax under section 3, 4 or 5, and which after the purchase, have been dealt by him in any of the modes indicated in clauses (a), (b) and (c) of section 7-A(1).
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1975 (7) TMI 110 - HIGH COURT OF DELHI
Circumstances in which a company may be wound up, Admission of petition and directions as to advertisement
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1975 (7) TMI 109 - HIGH COURT OF PATNA
Powers of Court to rectify register of members ... ... ... ... ..... hout any action having been taken by any of the opposite parties or any other person challenging the action of the directors in regard to the selection of the petitioner as a member for allotment of any shares to him. Having discussed all the questions raised before me, I feel satisfied that the petitioner has made out a proper case that the names of opposite parties Nos. 4 to 6 have been wrongly entered in the register of members with respect to 450 equity shares ( A series) and the register must be rectified. I would, accordingly, direct opposite parties Nos. 1 to 3 to take appropriate steps for reissue of those 450 equity shares to all the members of the company in terms of article 23 of the articles of association and allot the said shares in pursuance thereto and rectify the share register accordingly by removing the allotment of those shares in favour of opposite parties Nos. 4 to 6. In the result, this application succeeds. The petitioner will be entitled to his costs.
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1975 (7) TMI 97 - KARNATAKA HIGH COURT
Demand - Estoppel - Short of levy due to wrong interpretation ... ... ... ... ..... Central Excise Rules which authorises the proper officer to collect the duty payable from an assessee when he is of the opinion that there has been a short levy of the duty. The principle of estoppel which is a rule in equity cannot prevail against law. The proper officer who is empowered to recover the duty due and payable by an assessee by virtue of a statutory rule cannot be prevented from exercising the said power by applying the principle of equitable estoppel. It is not disputed that if duty had been assessed under Act 12 of 1953 read with Notification, dated 25-7-1953 as amended by Notification, dated 7-7-1970, the petitioner would be liable to pay the sum demanded by the Assistant Collector. Since the only ground urged, namely, the ground of equitable estoppel is not available to the petitioner in the instant case, the petition has to fail. 5. emsp In the result, the petition is dismissed, in the circumstances of this case, each party would bear and pay its own costs.
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1975 (7) TMI 93 - ITAT TRIVANDRUM
... ...
... ... ..... they may be taxed separately. The contention we find difficult to accept. In our opinion, there is no commodity like tree growth , what was being purchased at the auction as tree-growth was something like purchasing standing crops. In purchasing tree growth what is purchased is really the timbre and the firewood available from the tree-growth, is in the case of a purchase of standing crops the purchase is of the grain and the hay that the crops yield. Though the facts of the instant case are slightly different the above decision is applicable to the point raised for decision. I would therefore allow the appeal and delete the turnover included in the assessment under s. 5A. E.C. Jacob, Accountant Member mdash I agree. Order by the Chairman mdash In view of the majority opinion, this second appeal is allowed and the STO is directed to modify the order of assessment deleting the turnover included under s. 5A in the assessment. Refund excess tax if any paid. Ordered accordingly.
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1975 (7) TMI 91 - ITAT ORISSA
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... ... ..... e to say that the incision of agarbatties under category of perfumery in the category of luxury goods is ultra vires. In that view of the Law, I am of opinion that the learned first appellate Court has committed an error in coming to the conclusion that agarbatties are not luxury goods and as such they are to be taxed as ordinary goods. I came to this conclusion as there has been no dispute that dhoop-batties are perfumery and perfumery was first being taxed under entry No. 36 of the rate schedule providing for goods other than luxury goods till 30th June, 1971 and thereafter perfumery has been taken to entry No. 36 of the luxury goods. In view of the above discussion, I find that the first appellate Court committed an error of law and as such his decision must be set aside. 8. In the result, the appeals filed by the State are allowed. The assessments as completed by the AO are resorted. The decision of the first appellate Court in setting aside the extra demand are annulled.
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1975 (7) TMI 88 - ITAT MADRAS-A
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... ... ..... benefit, would be less than the value of the 6,364 equity shares held by the deceased in the said company, no duty is payable thereon. (g) Institution of the proceedings against the two controlled companies in the course of assessment cannot be said to be time barred. 6. The claiming of interest under r. 42 for belated filing of the return is valid and proper. 7. The ED payable cannot be deducted in determining the principal value of the estate. 63. Elaborate, full and well prepared arguments were addressed to us by both counsel, appearing for the accountable persons and the learned standing counsel for the Department. Such arguments have been of great assistance to us in deciding these appeals. We also wish to record that we have received considerable assistance from the orders of the Lower authorities, particularly that of the Asstt. CED, Shri N. G. Jankiraman. 64. In the result E.D.A. Nos. 34 and 40/1973-74 are allowed in part. E.D.A. Nos. 36 and 37/1973-74 are dismissed.
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1975 (7) TMI 87 - ITAT MADRAS-A
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... ... ..... to 1971-72. It is further seen that the assessee has been showing progressively higher income. The addition of Rs. 3,599 was made by the lady and also her probable household expenses. There is no dispute that the assessee is a spinster and that she lives in her own house and also has agricultural income. Having regard to these facts, the estimate of her household expenses at Rs. 3,600 made by the ITO appears to be rather on the high side. According to the learned counsel the household expenses of the assessee would not exceed Rs. 2,000. The difference between the interest received and annuity deposit refund as taken by the ITO and the actual figures amounted to Rs. 2,000. If these two figures are considered together it would be seen that there is no unexplained investment made by the assessee. The AAC, was, therefore, right in accepting the case of the assessee as more probable and true. We, therefore, see nothing erroneous in order and dismiss the Department rsquo s appeal.
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1975 (7) TMI 84 - ITAT MADRAS
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... ... ..... en sales tax at more than one point, namely, at the point at which the first registered dealer sold to be Second registered dealer an again, when the second registered dealer sold in his turn. To avoid taxation at multiple points on transactions of sale of the same goods within the State, it was provided that the tax shall be paid only on the last sale and not on the previous sales, so long as the previous sales were from registered dealers to registered dealers in respect of goods mentioned in the registration certificate of the latter and provided the goods were for resale in the State. When the charging section itself excluded taxation of sales in the course of inter-State trade or commerce, it was hardly necessary to look for a repetition of the same exemption in the machinery section. Under these circumstances, there is also no legal basis for the appellant rsquo s claim for any relief. 6. In the result, both the appeals as well as the enhancement petition are dismissed.
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1975 (7) TMI 82 - ITAT DELHI-B
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... ... ..... whose names the deposits still stand in the assessee rsquo s books. It is not quite clear to us why he did not do so. We have no hesitation in holding that the deposits falling in categories 1, 2 and 3 referred to at paragraph 7 above, stand fully explained and cannot be treated as the assessee rsquo s income from undisclosed sources. However, as regards those falling in category 4, while the assessee should be given the benefit of doubt in respect of the deposits which had been paid off before the end of the relevant accounting year, there is still some scope for inquiry as to why the depositors, in whose names the deposits still occurred in the relevant accounting year, could not be traced. This facts, taken alongwith the facts that all the assessments of the assessee from the asst. yr. 1964-65 to 1970-71 stand either set aside or reopened under s. 146, impels us to set aside the present assessment as well. 9. The appeal should be treated as allowed for statistical purpose.
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1975 (7) TMI 81 - ITAT CUTTACK
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... ... ..... to confer on the authority concerned, the power to impose a fine. There is no ambiguity in the wording of s. 79 and we do not see how it could fail to attract the powers to impose a fine which is enjoyed by a Civil Court and which is by reference conferred on the Asstt. CED. The phrase enforcing attending of any person will lose all meaning if the authority concerned should be power-less to impose a fine if the person on whom the summons is served fails to respond. We therefore hold that s. 79 empowers the Asstt. CED to impose a fine when the person on whom a summons is served fails without sufficient cause to comply with its terms. Since the Accountable persons in the two cases before us have not questioned the merits of the cases it is unnecessary for us to decide whether they deserve the imposition of fine. Therefore we set aside the order of the Appellate Controller in the two cases and restore the orders of the Asstt. CED. 9. In the result, both the appeals are allowed.
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1975 (7) TMI 80 - ITAT COCHIN
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... ... ..... 2. This same point has came up before us for the prior two assessment years and we have held that the assessee was entitled to have the losses suffered by the wife in the firm in which she was a partner along with the assessee to be set off. We have held therein that although the law was against the assessee the Board had given a concession and the concession could not be denied to the assessee when the assessments were made at a time when the circular was in force. The Departmental Representative pointed out that the circular was with-drawn but we find that that was subsequent to the assessments. The assessee s appeals are allowed.
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1975 (7) TMI 79 - ITAT COCHIN
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... ... ..... ifferent lines i.e., also in the nature of things. The boat can ply only from the sea shore. The lorries have to be kept near the depot where bookings are available. The saw mills are centred at Balipatam because of the presence of Baliapatam river which conveys the logs. Merely because the centres of activities are dispersed according to the requirements it would not mean that the different lines are not the same business. 9. We think on these fact the assessee s contention should succeed. All the different lines form one business and they are entitled to the carry forward and set off of the business losses and unabsorbed depreciation of the earlier years. However, we will upheld the ITO s order regarding the unabsorbed development rebate of 1960-61. It has already become time barred. Regarding the business losses and unabsorbed depreciation however the claim has to be allowed. 10. In the result, the assessee s appeals are allowed and the Departmental appears are dismissed.
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1975 (7) TMI 78 - ITAT CHANDIGARH
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... ... ..... ection had been raised before the AAC, though not dealt with by him. The objection was that the penalty in the instant case should be imposed only in accordance with the provisions of law as it existed when the offence in question, namely the failure to file the return of net wealth in time, was committed. Such offence according to the common case of the parties occurred before 1st April, 1965. At that time s. 18(4), WT Act, provided that no penalty under s. 18(1) should be imposed except with the previous approval of the Inspecting Asstt. CWT. In the instant case there is no material on record to show that such approval of the Inspection Asstt. CWT had been obtained by the WTO before imposing the penalty in question. We, therefore, hold that the AAC s order, though not sustainable on ground of the aforesaid notice being bad in law, has to be sustained on the ground that the WTO had not obtained the necessary previous approval of the IAC. The appeal is, therefore, dismissed.
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1975 (7) TMI 77 - ITAT CHANDIGARH
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... ... ..... ve been committed on 30th June, 1965, when the last date due for furnishing the return expired. That even took place more than ten years ago. Secondly, if the law to be applied to the penalty proceedings is to be the law as existing on 30th June, 1965 or on 1st July, 1965, when the offence in question was committed, the maximum penalty imposable would not exceed Rs. 252. We do not consider that there exists any befitting circumstance to warrant any further prolonging of the proceedings. The assessee need not be put to further burden of proceedings as a result of the WTO s own omissions firstly in not dealing with the assessee s explanation as received in the his office as ITO and secondly, in not maintaining proper order sheet and chronological record of proceedings. Under the circumstances, we do not consider it necessary to remit the case to the AAC. We order accordingly and hold that the penalty deleted by the AAC stands deleted. 7. In the result, the appeal is dismissed.
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1975 (7) TMI 76 - ITAT BANGALORE
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... ... ..... the facts and in the circumstances of the case, the Deputy Commissioner for initiating suo motu revision under s. 57 of the Bombay General Sales Tax Act, 1957 could take into consideration only the record of the proceedings before the Assistant Commissioner and could not considered the material which did not form part of the record. Earlier the High Court of Gujarat considered the decisions of decisions of the Supreme Court reported in 16 STC 875 and 21 STC 383 which we had also the occasion to considered on similar lines as that of the High Court of Gujarat, besides the decision of the Supreme Court reported in 24 STC 491. 23. Therefore in the light of the observation we have made on all the aspects of the contentions raised by Mr. P.V. Aithala, we have only to hold that the order now passed by the revisional authority was the suitable one warranting no interference at this stage by us on an order passed under s. 25-A of the Act. 24. Therefore, we dismiss both the appeals.
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1975 (7) TMI 75 - HIGH COURT OF CALCUTTA
Remand with direction - Alternative remedy - Existence of - Limitation - Expiry of time limit for preferring an appeal
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1975 (7) TMI 74 - HIGH COURT OF BOMBAY
Packing is not a process of manufacture - Valuation - Cost of packing - Valuation - Effect of method or manner of marketing or delivery - Refund of amount illegally collected as excise duty
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