|
Advanced Search Options
Case Laws
Showing 101 to 120 of 211 Records
-
1979 (11) TMI 111 - HIGH COURT OF KERALA AT ERNAKULAM
Valuation - Wholesale cash price ... ... ... ... ..... saged to meet the situation arising out of the decision in Voltas case. 18. We are therefore unable to hold on the facts that the price at which goods were sold to M/s. Indian Oxygen was a wholesale cash price . There is no specific attack to the orders under challenge in the petition on any plea that the sales, the wholesale cash price in respect of which is adopted for the purpose of making up the short levy are not sales to wholesale dealers. Therefore though that was urged at the hearing as a last resort we do not think we would be justified in going into that question in this. proceeding under Article 226 of the Constitution. Since we find that the petitioner should fail in his plea that duty should have been determined on the basis of wholesale cash price at which sales were made to M/s. Indian Oxygen, we hold that the petition has to be dismissed. In the result, the Original Petition is dismissed. But in the circumstances of the case we direct parties to suffer costs.
-
1979 (11) TMI 110 - HIGH COURT OF JUDICATURE AT MADRAS
Revision - Review - Refund of excess duty - Writ jurisdiction ... ... ... ... ..... 73-J of the Central Excise Rules, ignoring the facts that the matter had been finally concluded by the revisional order dated 18-2-1976 of the Central Government, where it has been held that the petitioners are entitled to the exemption subject to the conditions mentioned in the Notification regarding their liability to pay excise duty or countervailing duty on the fertilisers forming the components of the NPK complex fertilisers manufactured by them. The petitioners are, therefore, entitled to invoke the jurisdiction of this court under Article 226 of the Constitution of India for quashing the impugned order. Having regard to the aforesaid decisions, I agree with the learned counsel for the petitioners that W.P. No. 152 of 1977 also is maintainable, notwithstanding that the alternative remedy provided for under Sections 35 and 36 of the Central Excises and Salt Act, 1944, has not been resorted to. 27. For the reasons aforesaid both the writ petitions are allowed with costs.
-
1979 (11) TMI 109 - HIGH COURT OF MADRAS
Braided Cords and tapes ... ... ... ... ..... espondent immediately, but merely directed the authorities to investigate the question as to whether the goods produced by the respondent would fall within the category of item 19 of the First Schedule to the Central Excises and Salt Act or not. What the learned Government Pleader contends is that Serial No. 4 of the Third Schedule to the Tamil Nadu General Sales Tax Act has been amended in the sense that originally it contained the expression all varieties of cotton textiles but now it contains the expression cotton fabric as defined in the Central Excises and Salt Act. As far as the present question is concerned, we are of the opinion that this amendment does not make any difference, because the Bench in the earlier case had expressly decided that braided cord will fall within the definition Cotton fabrics, as defined in the Central Excises and Salt Act. In view of this, no interference is called for with the order of the learned Judge. Hence, the writ appeal is dismissed.
-
1979 (11) TMI 108 - HIGH COURT OF BOMBAY
Rock phosphate - "In a form indicative of their use for manurial purposes" - Connotation of ... ... ... ... ..... the impugned orders must succeed and the contentions of Mr. Dalal to the contrary must fail. The impugned orders dated 21st June, 1972, 16th November, 1972 and 2nd August, 1975 passed by the Deputy Collector of Customs, the Appellate Authority and the Revisional Authority, respectively, are set aside. Miscellaneous Petition No. 206 of 1976 is allowed in terms of prayers (a) and (b) with the modification that in prayer (b) the figure of Rs. 6.82 lakhs shall read as Rs. 6,82,231.88 P. Mr. Dalal applies that a period of three months from today be given to the authorities to refund the amount. The authority shall refund the amount within three months from today. There will be no order as to costs. Rule is made absolute accordingly. 19. In view of the above order, no order is necessary in Miscellaneous Petition No. 41 of 1976 and the Rule shall stand discharged. There will be no order as to costs. The guarantees given and the bonds executed by the Petitioner do stand discharged.
-
1979 (11) TMI 107 - GOVERNMENT OF INDIA
Short landed cargo ... ... ... ... ..... rn report indicate the quantity cleared in bags and definitely the number of bags being more than two lakhs a certain quantity which has been shown as short landed can always be attributed to defective bagging. At the same time the cargo being in bulk the possibility of certain quantity of goods that could be attributed to splitting during discharge can also not be ruled out. Government further observe that even the consignee dropped their claim against the steamer agent for the value of the goods short landed. Considering these circumstances, Government. observe that to a large extent the petitioners have accounted for the deficiency in question. That being so the penal action taken against them under Sec. 116 of the Customs Act, 1962, is not maintainable, notwithstanding the fact that the consignee has already been granted refund of an equal amount of duty. 5. In the circumstances, the revision application is allowed. Consequential relief may be granted to the Petitioners.
-
1979 (11) TMI 106 - GOVERNMENT OF INDIA
Metal containers in unassembled condition - Dutiability - Valuation - Margin of profit - Determination of assessable value
-
1979 (11) TMI 105 - HIGH COURT OF MADRAS
Confiscation and penalty - Effect on prosecution ... ... ... ... ..... ssed by the accused were within the limit of free allowance granted under the Gold (Control) Act. In these circumstances, the learned Magistrate found that the accused could not be stated to have controverted the provisions of Sec. 27(1) read with Sec. 85(viii) and (ix) of the said Act and acquitted him. 5. The fact that the highest authorities under the Gold (Control) Act have found the accused not guilty and set aside the order of confiscation and the penalty imposed on him by the Assistant Collector of Central Excise has to be taken note of in this case. In view of what has happened subsequent to the acquittal of the accused by the learned Metropolitan Magistrate, it is not open to the Department to contend that the accused had contravened the provisions of Sec. 27(1) read with Sec. 85(viii) and (ix) of the Gold Control Act. There is, therefore, no reason to interfere with the judgment of the learned Metropolitan Magistrate acquitting the accused. The appeal is dismissed.
-
1979 (11) TMI 104 - HIGH COURT OF KERALA AT ERNAKULAM
Drawback - Scope - Tubes and flaps ... ... ... ... ..... erials or excisable materials in respect of which duties have not been paid. 6. Section 75 and the rules read together show that if the exported goods had been manufactured out of articles chargeable to duty and on which duty had been paid the whole of such duty, or such sum as specified under the Rules as the average amount of duty paid, shall be repayable to the exporter by way of drawback. In the present case the tubes and flaps manufactured and exported by the petitioner had been admittedly manufactured out of natural rubber on which no duty was payable at the relevant time. In the circumstances the statutory provisions concerning drawback are not attracted by such goods. That being the position, the Customs authorities have correctly held that the rates specified under Ext. P1 are not applicable to the petitioner s goods (except in so far as such specified cases as referred to in the last paragraph of Ext. P 10). This Original Petition is accordingly dismissed. No costs.
-
1979 (11) TMI 103 - HIGH COURT OF JUDICATURE AT BOMBAY
Valuation - Local levy charged from customers - Extra charges made by the manufacturer ... ... ... ... ..... the decisions to the point, of the Supreme Court in Volta s case and of the Division Bench in Indian Tobacco Company case which are sufficient to uphold the contention urged by Mr. Joshi and repel the contentions of Mr. Dalal to the contrary. Thus the 2 local levy made by the petitioner in Greater Bombay not forming part of the petitioner s manufacturing costs and/or manufacturing profit but constituting a non-manufacturing element, cannot be taken into account in determining the wholesale cash price under Section 4(a). The last ground of challenge urged by Mr. Joshi was on the aspect of limitation. However, in view of my finding in his favour on merits, the aspect of limitation now becomes academic. 13. In the result, the impugned order dated 28th May 1969, the four demand notices dated 29th May 1969, the appellate order dated 24th July 1974 and the demand notice dated 30th September 1974 are set aside. There will be no order as to costs. Rule is made absolute accordingly.
-
1979 (11) TMI 102 - GOVERNMENT OF INDIA
Chalmoogre Oil I.P., Caster Oil I.P. and Camphor Oil I.P. - Penalty ... ... ... ... ..... al to the three pharmacopoeial preparations was given by the Assistant Collector of Central Excise, Calcutta-3 Division in his letter, dated 21-6-1967. The demand against the petitioner-firm was issued in the show cause notice, dated 25-2-1973 for clearances taken during the period from 9-6-1969 to 18-6-1971. More than one year having lapsed, the demand is clearly time-barred and the Collector s confirmation of this demand in the impugned order-in-original is not sustainable in law. Therefore, it is incorrect to hold the petitioner-firm guilty of contravention of the other provisions of the SRP rules and to take penal action under Rule 173Q of the Central Excise Rules. 5. In view of the above, Government of India while holding the classification of the three disputed items under tariff item 14E of the CET by the lower authorities as correct in law, set aside the demand of duty fines and penalties imposed on the petitioners. The revision application is disposed of accordingly.
-
1979 (11) TMI 101 - HIGH COURT OF BOMBAY
Cold wax emulsion and cold aluminium acetate - Black dyed drill - Revision - Reports and opinions of Technical experts
-
1979 (11) TMI 100 - HIGH COURT OF BOMBAY
Valuation - When goods are sold at uniform prices - Exclusion of selling expenses or profits - - Cost of transportation - Taxing statute - Interpretation
-
1979 (11) TMI 99 - HIGH COURT OF BOMBAY
Valuation - Exclusion of post-manufacturing expenses and profits - Voltas and Atic cases - Effect of objects and reasons
-
1979 (11) TMI 98 - SUPREME COURT
Whether all or any part of the properties which were the subject-matter of a trust can be treated as passing on the death of Panchu Gopal Banerjee (" the deceased ") for purposes of levy of estate duty under the E. D. Act, 1953?
Held that:- Only one-half of the properties covered by the trust corresponding to one-half of the total income which had to be spent on religious purposes should be considered as not passing on the death of the deceased since the religious endowment made in that regard would not fail despite the fact that the remaining one-half of the properties retained their private and secular character. We are also of the view that the remaining one-half of the properties which is held to be remaining undisposed of and which was held by the deceased immediately before his death should be deemed to pass on his death for purposes of s. 5 of the Act. The High Court was, therefore, in error in holding that the whole of the trust properties constituted a religious endowment and did not pass on the death of the deceased.
The appeal is, therefore, partly allowed. We hold that only one-half of the properties which were the subject-matter of the trust deed dated June 27, 1939 (Jagadhatri Sampad Trust) passed on the death the deceased under s. 5 of the Act and the remaining one-half did not.
-
1979 (11) TMI 97 - ALLAHABAD HIGH COURT
Income Tax Act ... ... ... ... ..... ing the business activity of the assessee it cannot be said that the warehouses are something by means of which this business activity is being carried on. They do not play any part whatsoever in the carrying on of its business activity, but merely provide a place within which this business activity is carried on. On this view of the matter we are not prepared to hold that the warehouses of the assessee fall within the definition of plant as contained in s. 43(3) of the Act and that being so the assessse was not entitled to any development rebate thereon under s. 33 of the Act. Our answer to the question, therefore, is that the Tribunal erred in holding that the warehouses constructed by the assessee can be treated as plant entitled to any development rebate under s. 33 of the Act. The question is answered in the negative, in favour of the department and against the assessee. The department is entitled to its costs which we assess at Rs. 200 and counsel s fee in like amount.
-
1979 (11) TMI 96 - DELHI HIGH COURT
Cash Credits, Income Tax Act, Intangible Additions ... ... ... ... ..... income were made in the previous years, while in the case before the Supreme Court they were made in the same year in which the cash credit was regarded as income from an undisclosed source. We are of the view that there is no difference in principle between the case before us and the case before the Supreme Court. Whether the intangible additions are made in the previous years or in the same year, the requirement of s. 68 remains the same. The point which clearly emerges fro the Supreme Court observations is that by the mere fact of the intangible additions to the income there is no presumption that the income from the undisclosed source is to be regarded as being income from a disclosed source to the extent the intangible additions was made. In view of this Supreme Court decision the point appears to us to be beyond controversy. For the above reasons, we answer the referred question as modified by us in the negative. No order as to costs. Question answered in the negative.
-
1979 (11) TMI 95 - DELHI HIGH COURT
Income Tax Act ... ... ... ... ..... ITR 624 (Delhi), N. M. Anniah and Co. v. CIT 1975 101 ITR 348 (Kar) and CIT v. London Machinery Co. 1979 117 ITR 111 (All). The Full Bench decision of the Allahabad High Court in CIT v. Ram Laxman Sugar Mills 1973 90 ITR 73 is entirely distinguishable inasmuch as the salary allowed there was not to the partner in his capacity as such. Rather the Central Government had set up a management board of partners under the Essential Supplies (Temporary Powers) Act. Whatever salary was allowed was in his status as authorised controller which was treated as distinct from his status as partner, and involved no element of agency qua the other partners, which is the normal feature of a partnership. In view of the discussion above, we answer the question referred in the affirmative. The salary amounts paid to the partners were rightly disallowed as revenue expenditure in the hands of the firm by the Tribunal. The respondent will be entitled to costs. Question answered in the affirmative.
-
1979 (11) TMI 94 - KARNATAKA HIGH COURT
A Partner, Income Tax Act ... ... ... ... ..... ssessee in default. It is thereafter that proceedings for recovery by the issue of a certificate can be initiated. The primary thing that the assessment must be against a person who is ultimately sought to be proceeded against and notice of demand should have been served on him consequent on such assessment. The instant case does not satisfy this requirement. In Writ Appeal No. 22 of 1974 TRO v. P. Balchand 1980 121 ITR 871 (Kar) this court also noticed the decision of the High Court of Andhra Pradesh in Kethmal Parekh v. TRO 1973 87 ITR 101 in support of its view. It is also seen that the decision reported in 1974 95 ITR 321(Kar) (P. Balchand v. TRO) has been followed by the High Court of Kerala in the case of C. V. George v. ITO 1976 102 ITR 724. For the reasons stated above, the proceedings taken for recovery of the amount against the petitioner are clearly not warranted by law. Accordingly, the rule is made absolute and the notice of demand, Ex. C , is quashed. No costs.
-
1979 (11) TMI 93 - KARNATAKA HIGH COURT
Delay In Submission, In Good Faith, Income Tax ... ... ... ... ..... disclosure has been made negligently, it can still be considered as having been done in good faith if in fact, it has been done honestly. From the facts of the instant case, it is clear that no want of good faith can be attributed in the disclosure of the net wealth, as there has been no deficiency in the particulars of the wealth or their value furnished in the returns. It is clear that the CWT came to the conclusion on an irrelevant factor, viz., of some suspicion in the matter of return that had been filed for the purpose of income-tax in the earlier years, and accordingly the order made by the CWT is vitiated. Accordingly, the order made by the CWT, Karnataka-II, Bangalore, on September 6, 1974, rejecting the application filed by the petitioner under s. 18(2A) of the Act, is quashed, and it is directed that he shall consider the application of the petitioner afresh in the light of the observations made above and in accordance with law, and dispose of the same. No costs.
-
1979 (11) TMI 92 - PUNJAB AND HARYANA HIGH COURT
House Rent Allowance, Income Tax Act, Income Tax Rules, Total Income ... ... ... ... ..... gle also. The provisions of s. 10(13A) of the Act and r. 2A of the Rules have to be given effect to. The Rules and the section are not in conflict with each other. Rather, the Rules are supplementary to the section. Even if the assessee s case is covered by the Rules, the assessee will be entitled to exemption. The Rules impose the maximum limit to the extent of Rs. 400 per month. Admittedly, the house rent allowance paid to Mr. Justice S. C. Mittal during all the four relevant assessment years was below the maximum prescribed limit. It is equally well settled that even if two interpretations of a particular provision are possible, in that case, the I. T. Act, being a taxing statute, one favourable to the assessee would be preferred. The view taken by the Tribunal in this regard is unexceptional. For the reasons recorded above, we answer the question referred to us in the negative, i.e., against the revenue and in favour of the assessee, with costs. G. C. MITTAL J.--I agree.
............
|
