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Case Laws
Showing 61 to 80 of 208 Records
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1984 (9) TMI 180 - CEGAT, NEW DELHI
Classification ... ... ... ... ..... secretions other animal substances prepared for Therapeutic or Prophylactic uses, not elsewhere specified or included and that the scope of the heading is sufficiently wide to cover Hirudoid substance which is the imported product, extracted from Organs of animals and more particularly when it is specifically prepared for Therapeutic and Prophylactic use. It cannot be treated as a natural high polymer within the meaning of Heading 39.01/06 being specifically prepared for a specific use and not for general use. It falls outside the ambit of Heading 39.01/06. This Hirudoid substance which is said to contain mucopolysaccharide cannot be separated from the imported lsquo Hirudoid substance rsquo and therefore, this product is appropriately classifiable under Heading 30.01 and not Heading 39.01/06. 16. In. view of our findings above, we set aside the order of the authority below sad accept the appeal. Consequential relief to follow. Relief to be granted within 3 months from today.
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1984 (9) TMI 179 - CEGAT, NEW DELHI
Export - Rate of duty ... ... ... ... ..... clusion in paragraph 4 and would add that there was really no ldquo demand by rdquo the customs. As mentioned earlier, the Assistant Collector rsquo s order dated 30-8-1977 merely expressed hope that the outstanding duty would be paid by the appellant. Therefore, I hold that there having been no demand under Section 28 of the Customs Act, there can be no question of time-barred demand. The amount was clearly payable under Section 16 of the Act. The hope for payment was expressed after six months. 18. It has not been established that any coercion was used to revise this amount. Therefore, I hold that there was only a suggestion from the Customs that the appellants pay the amount which was legitimately due to the department but against which a demand under Section 28, if raised, would have been time-barred. The suggestion by the A.C. was honoured by the appellant. In these circumstances, there could not have been any appeal at all. For these reasons, I would dismiss the appeal.
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1984 (9) TMI 174 - CEGAT, NEW DELHI
Drugs - Xylidine and diethylamine ... ... ... ... ..... termediate rdquo is indeed not a precise definition, though one that is used widely. A substance may be an intermediate in certain uses but may be a finished product in other. This is true in all branches of science,but more so in chemical science. We all know of a dye that is a finished product, being used as an intermediate to produce more advanced dyes. 9. ensp Some people have sought to define a drug intermediate as the penultimate product before the finished goods. We are not able to see the merit or basis for this. 10. ensp We are of the view that xylidine and diethylamine when they are used in the manufacture of anesthetics, should be classed as drug intermediate and given the exemption under Notification No. 55/75-C.E. We order accordingly, allowing the four appeals. Refund shall not be delayed without good and sufficient cause. 11. ensp The custom house can verify, if it wishes, that these consignments of xylidine and diethylamine have been used as drug intermediate.
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1984 (9) TMI 173 - CEGAT, NEW DELHI
Aluminium - Ingots ... ... ... ... ..... ulfilled. But he has overlooked the main factor namely that the conditions of the notification would not apply to subject goods. We accept the arguments of the learned Consultant that the notification would apply only to levy aluminum, i.e., indigenous aluminum produced and supplied under the Aluminum (Control) Order. As the goods were imported aluminum the question of application of proviso to Notification No. 164/75 would not arise. 5. emsp In the grounds of appeal an objection has been taken that the duty should be levied at the rate prevalent when the goods entered the territorial water of India. Shri Kohli rightly did not press this ground and we have therefore not dealt with it. The impugned orders are therefore set aside and the appeals are allowed with consequential relief. The C.V. duty will be calculated at the rate of Rs. 600 per MT or Rs. 1,500/- per MT as the case may be pending upon the date of clearance from the warehouse under Section 15(b) of the Customs Act.
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1984 (9) TMI 168 - CALCUTTA HIGH COURT
Release of goods pending adjudication ... ... ... ... ..... pondents.Costs cost in the writ petition. rdquo 22. The Collector of Customs will ensure that the Bank guarantee is kept renewed till the final disposal of the proceedings and the respondent company through its Director, Sushil Goenka, who is present in Court today, undertakes to keep the said Bank guarantee renewed. The respondent company further undertake to pay to Customs Authorities the amount which may be finally determined on the adjudication proceedings, payable in respect of the goods. 23. The Customs Authorities are directed to initiate adjudication proceedings within three weeks from the date and complete the same as expeditiously as possible. 24. In the event the adjudication proceedings are not initiated within the said time, the respondents will be at liberty to apply for release of all the securities furnished. 25. Save as aforesaid all interim orders passed by this Division Bench are vacated. 26. All parties to act on a signed copy of the minutes of this order.
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1984 (9) TMI 165 - CEGAT, MADRAS
addendum order ... ... ... ... ..... ection 112 of the Customs Act, 1962...(sic). The respondent therein preferred an appeal against the above ldquo addendum order rdquo on the ground that the impugned order which held him guilty and penalised him could not be issued under Section 154 of the Customs Act as that section provided only for correction of clerical or arithmetical mistakes. The Tribunal in its order No. CD/MAS/619/83, dated 24-3-1984 (Annexure A) allowed the appeal and set aside the ldquo addendum order rdquo of the adjudicating authority. 2. On an application from the Collector of Central Excise and Customs, Madurai under Section 130(1) of the Customs Act, 1962, the following question of law arising from the order of the Tribunal, is referred to the High Court of Judicature, Madras ldquo Whether in the facts and circumstances of the case, the rdquo addendum order dated 23-9-1983 passed by the Adjudicating Authority can be considered to be one within the scope of Section 154 of the Customs Act, 1962.
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1984 (9) TMI 161 - ITAT PUNE
... ...
... ... ..... Act the interest received will be income of the HUF while if any coparcener including manager has advanced a personal loan, the interest paid in respect of personal loan cannot be treated as interest paid tot he HUF which is a partner through the manager. The Karta was a partner in the assessee firm as representative of his HUF. The interest received by him was not received in his capacity as representative of HUF but in his capacity of an individual. Therefore, the interest paid to a partner in his individual capacity would not be payment made to a partner so as to attract the provisions of s. 40(b) of the Act. This decision of the Bombay High Court is binding upon the Tribunal. The assessee rsquo s case is fully covered by this decision and, therefore, the view taken by the CIT to disallow the interest paid to the partners of the assessee firm under s. 40(b) of the Act is inadmissible and is not correct. 9. In the result, assessee firm succeeds and the appeals are allowed.
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1984 (9) TMI 160 - ITAT PUNE
... ...
... ... ..... at the Supreme Court , wherein it is reported that the Hon ble Supreme Court has dismissed the Special Leave Petition filled by the Department against the order dt. 9th April, 1980 of the Andhra Pradesh High Court, in ITC No. 94 of 1979, whereby the High Court declined to call for a Statement of the Case on the question whether an amount representing the difference in price of levy sugar due from the Government, which was not actually received by the assessee and kept in a suspense account pending determination of the dispute by the High Court, may be said to from part of the assessee s income for that year (CIT vs. Nizam Sugar Factory, S. L. P. Civil No. 8499 of 1980 dt. 25th Nov., 1983). This also supports the case of the appellants before us, even though the Revenue contended that it was not a decision on the merits of the case. 38. For the reasons discussed above, I agree that the appellants are entitled to succeed in their appeals and accordingly the appeals are allowed.
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1984 (9) TMI 156 - ITAT PUNE
High Court, Revenue Receipt, Writ Petition ... ... ... ... ..... ed counsel for the appellants also relied on, From our Reporter at the Supreme Court , wherein it is reported that the Hon ble Supreme Court has dismissed the special leave petition filed by the department against the order dated 9-4-1980 of the Andhra Pradesh High Court in ITC 94 of 1979, whereby the High Court declined to call for a statement of the case on the question whether an amount representing the difference in prices of levy sugar due from the Government, which was not actually received by the assessee and kept in a suspense account pending determination of the dispute by the High Court, may be said to form part of the assessee s income for that year-Nizam Sugar Factory s case. This also supports the case of the appellants before us, even though the revenue contended that it was not a decision on the merits of the case. 38. For the reasons discussed above, I agree that the appellants are entitled to succeed in their appeals and, accordingly, the appeals are allowed.
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1984 (9) TMI 153 - ITAT NAGPUR
Additions To Income, Assessment Order, Assessment Proceedings ... ... ... ... ..... oresaid decision hold that the assessment made by the ITO is null and void only to the extent of two additions amounting to Rs. 1,66,624 and Rs. 16,000. We further hold that the IAC could not direct to assess the same as business income against the proposed by the ITO as income from other sources . The order of the Commissioner (Appeals) pertaining to the deletion of the additions made by the ITO amounting to Rs. 1,66,624 and Rs. 16,000 is confirmed as the assessment order to that extent is null and void. That part of the order relating to the deletion of Rs. 35,000 is set aside and the matter is restored to the file of the Commissioner (Appeals) to consider the same on merits as it is not in contravention of the provisions of sub-section (3) of section 143. In the result, the appeal filed by the revenue is allowed in part. 5. The cross-objection filed by the assessee merely supports the order of the Commissioner (Appeals) and the same is, therefore, dismissed as infructuous.
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1984 (9) TMI 152 - ITAT NAGPUR
Assessment Proceedings, Hotel Building ... ... ... ... ..... oses of ascertaining the share of the partner therein. In the light of such divergence of judicial opinion, the matter cannot be considered to be once and for all settled in favour of the assessee and, therefore, even in the light of the circular, the WTO had no obligation to suggest to the assessee that it would be more beneficial for him to claim exemption under section 5(1)(iv), in respect of the hotel building, as against the Karnal property. Even Sampath Iyengar s commentary, as we have italicised the portion earlier, only mentions that the assessee has the option to claim the exemption which would give him the maximum tax benefit. Having due regard to the above considerations, we are unable to agree with the AAC that the WTO should have allowed the exemption under section 5(1)(iv) in respect of the Skylark building. We, therefore, reverse the AAC s orders in this behalf and restore the orders of the WTO. 8. In the result, the appeals filed by the department are allowed.
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1984 (9) TMI 149 - ITAT MADRAS-D
... ...
... ... ..... elatable to an item like land in respect of which no depreciation is allowable, would it be proper to say that the subsidy relates to the actual cost of the land and would affect its cost of acquisition ? Certainly not. This itself would show that the fixation of a percentage on the value of the investment is only a mode of fixing the subsidy in each assessee rsquo s case. It is not a contribution to any specific asset, much less a factor going to reduce the written down value or cost of the asset itself. The decision of the Special Bench would, therefore, completely cover the case. As far as the grant of allowances under ss. 32, 32A and 80J, are concerned the cost of the assets cannot be reduced by the subsidy granted. The limited question, therefore, before me is decided as above. I would, therefore, agree with the leaned Accountant Member that the departmental appeal be dismissed. The matter will now go back to the Bench which originally heard the case for proper disposal.
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1984 (9) TMI 147 - ITAT MADRAS-D
Actual Cost, Fixed Assets, Revenue Receipt ... ... ... ... ..... elatable to an item like land in respect of which no depreciation is allowable, would it be proper to say that the subsidy relates to the actual cost of the land and would affect its cost of acquisition ? Certainly not. This itself would show that the fixation of a percentage on the value of the investment is only a mode of fixing the subsidy in each assessee s case. It is not a contribution to any specific asset, much less a factor going to reduce the written down value or cost of the asset itself. The decision of the Special Bench would, therefore, completely cover the case. As far as the grant of allowances under sections 32, 32A and 80J, are concerned the cost of the assets cannot be reduced by the subsidy granted. The limited question, therefore, before me is decided as above. I would, therefore, agree with the learned Accountant Member that the departmental appeal be dismissed. The matter will now go back to the Bench which originally heard the case for proper disposal.
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1984 (9) TMI 145 - ITAT MADRAS-C
Investment Allowance, Motor Lorry ... ... ... ... ..... iness of the assessee. That certainly is not the case made out by the department in the present instance. 7. I have no doubt, therefore, in holding that the expenditure disallowed has been clearly incurred by the company for the purpose of its business, it being an addition to the salary bill. A deduction of this amount does not even require resort to section 37 but would come under the provisions of section 28 of the Act itself. 8. Admittedly, no claim for disallowance under section 40(c) is made by the department. I, therefore, agree with the learned Accountant Member that the addition has been properly deleted and the departmental appeal should be dismissed. Though the learned Judicial and Accountant Members have referred different questions, in substance, it relates to the allowability or otherwise of the sum of Rs. 14,178 on the facts and in the circumstances of the case. The case would go back to the Bench which originally heard it, for proper disposal according to law.
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1984 (9) TMI 144 - ITAT MADRAS-C
Investment Allowance, Motor Lorry ... ... ... ... ..... pertains to the lorry part of the item and how much by way of balance pertains to the rig and compressor part. On the latter part, investment allowance should be allowed, whereas on the former it should not be allowed. 7. When the nature of the asset is thus properly analysed, there seems to be really no difference of opinion between the two Members. It is not necessary to treat the combined item of lorries and rigs as a single one which can be fitted into one of the stated items--motor lorry and others. Since all the three items are separately available in the market and could be used and perhaps the assessee himself has acquired them separately, I would direct that the actual value of each of these items be separately worked out and investment allowance be allowed for the part representing rigs and compressors. 8. The question referred to me is answered as above. The matter will now go back to the Bench which originally heard the appeal for proper disposal according to law.
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1984 (9) TMI 139 - ITAT MADRAS-B
... ...
... ... ..... has acquired by his experience and knowledge obtained through the experience of past several years a professional qualification in the sense that he is fit to undertake the job of naming the pawn-broking and petrol bunk business and his remuneration does not cease to be product of professional skill merely because he is remunerated for his employment. His experience fits in with the tests laid down in the Special Bench decision and the findings of facts not disputed by the Departmental Representative clearly support the conclusion that the remuneration received by the assessee rsquo s husband is referable or attributable to the application of his technical or professional knowledge and experience. The case relied on by the Departmental Representative in (1983) 5 ITD 183 (All) in our view is distinguishable and does not support the Department rsquo s stand. We, therefore, uphold the assessee rsquo s contention and delete the addition made by the ITO. 4. The appeal is allowed.
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1984 (9) TMI 136 - ITAT MADRAS-B
Annual Value, Deduction Of Interest, Income From House Property, Previous Year, Property Tax, Total Income
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1984 (9) TMI 133 - ITAT JAIPUR
... ...
... ... ..... ellant relied on an order of the Tribunal for Jaipur Bench in the case of Siremalji Nawlkha vs. Asstt. CED (1980) 10 TTJ 401 (Jp) for the proposition that where the deceased had retire from a firm about 3 month before his death and after retirement the remaining partners had taken over the assets and liabilities of the firm, there is no right of good-will which could be included in the estate of the deceased passing on death. The same view has been taken by the Calcutta Bench D in the case of Kamala Devi Jhawar (Deceased) vs. Asstt. CED (1983) 17 TTJ (Cal) 20, copies of both the orders have been placed before us. Similar view has taken by the Cuttack Bench in the case of CED vs. Smt. Boggarapu Kalikamla, Anakkapalli (1976) TTJ (Ctk) 1128. The Bombay High Court ruling in (1979) 9 CTR (Bom) 81 (1980) 122 ITR 958 (Bom) in the case of Smt. Urmila vs. CED also support this coclusion. We, therefore, accept the appeal and delete the sum of Rs. 29,000 included in the dutiable estate.
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1984 (9) TMI 132 - ITAT JAIPUR
Appeal To CIT(A), Appellate Assistant Commissioner, Assessee's Appeal, Late Filing, Original Assessment
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1984 (9) TMI 131 - ITAT JABALPUR
Exemption, Gift For Education Of Childern ... ... ... ... ..... g levied on the corpus of the gifted property, the exemption was also related to the corpus of the property and, therefore, the income derived from the gifted property was an irrelevant consideration. This judgment of the Tribunal was upheld by the High Court. 8. In the case before us, in our considered opinion, the value of the gifted property was reasonably determined by the AAC at Rs. 25,000 on the facts and in the circumstances of the case. This value itself was more than by Rs. 5,000 of the value declared in the gift-deed. Since the corpus of the property was being taxed, the income derived from the gifted property was an irrelevant consideration on the basis of which the exemption was denied to the assessee by the GTO. Therefore, the AAC rightly held that the claim of the assessee under section 5(1)(xii) was admissible. He has also estimated the cost of the education of the donee at reasonable amount. Therefore, we confirm his order and reject the appeal of the revenue.
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