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Case Laws
Showing 81 to 100 of 189 Records
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1979 (2) TMI 109
Valuation - "Inter-connected undertakings." - Related persons ... ... ... ... ..... etitioner-company to the respondents till the date of refund. 25. Mr. Vakil who appears on behalf of the respondents applies for a certificate of fitness under Articles 132 and 133(1) of the Constitution in order to enable the respondents to appeal against this decision to the Supreme Court. We have granted certificate under both these Articles in Special Civil Application No. 119 of 1976. We, therefore, grant to the respondents certificate of fitness under Articles 132 and 133(1) of the Constitution because, in our opinion, this case involves the interpretation of the Constitution and substantial questions of law of general public importance which, in our opinion, should be decided by the Supreme Court. 26. Mr. Vakil prays for stay of the operation of this order in order to enable the respondents to obtain appropriate interim order from the Supreme Court. In the first instance we direct that the operation of this order made herein shall be stayed for a period of two months.
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1979 (2) TMI 108
Valuation - Criterion for determination of assessable value - Definition of "related person" - Machinery provision - Excise duty - Nature and Scope - Excise duty - Order
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1979 (2) TMI 107
Codopyrin - Duty illegally collected - Civil suit - Illegal orders - Applicability of - Strictures against Department
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1979 (2) TMI 106
Proforma Credit ... ... ... ... ..... t shall be refunded in cash or by cheque. By a reading of this rule, I do not get the impression that there is any obligation on the part of the manufacturer to correlate the Rock Phosphates imported to the ultimate finished product. In this case, it is not denied that the entire Rock Phosphate imported, namely, 745...490 M.T. was utilised for the manufacture of fertilisers, may be 56 C 298 M.T. was utilised, but later on the remaining quantity was also utilised. So long as there has been a complete utilisation, in other words there is no misdirection of the imported goods, there is every compliance with Rule 56A(3)(vi). Undoubtedly, the meaning of the word such has been misinterpreted by the Department and that is which led to this writ petition. Therefore, l hold that the writ petitioners are entitled to succeed. Accordingly the writ allowed. No costs. 4. In view of this order, the department is directed to dispose of the application of the petitioner as early as possible.
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1979 (2) TMI 105
Demand for differential duty - Show cause notice ... ... ... ... ..... or even otherwise. In this case, one fact is clearly admitted by the department and that is the earlier removal was after filing necessary A.R.I. forms and therefore excise duty was collected. What is sought to be collected now is differential duty. Such duty is not contemplated anywhere under Rule 9(2). This is the reason why I characterised the show cause notice shows total lack of elementary knowledge of law relating to excise. Therefore, the petitioner cannot be called upon to show cause against the action proposed when there was total lack of jurisdiction under Rule 9(2). In as much as the lack, of jurisdiction has been fully established there could be no valid bar for the issue of writ of prohibition and in fact the jurisdiction to issue writ of prohibition is intended to be exercised only in such cases. Accordingly, I overrule the objection of the department. No other point is argued before me. The writ petition will stand allowed with costs. Counsel s fee Rs. 150/-.
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1979 (2) TMI 104
Excess duty wrongly collected - Duty collected wrongly - Scope ... ... ... ... ..... t in this case was contrary to the relevant statutory Notifications. There is no finding given by any of the authorities on this aspect and they have merely proceeded to reject the appellant s claim on the ground of limitation. Therefore, it is not possible to issue a writ of Mandamus in the absence of such a finding. Only if it is found that the collection of tax was contrary to the statutory notifications, the appellant is entitled to be given a relief by way of refund. The first respondents order is, therefore, quashed with a direction to consider the question referred to above and refund the excess duty collected if it is found that collection of duty was contrary to the statutory notifications. 8. The appeal is accordingly allowed, and a rule will issue as indicated above. There will be no order as to costs. 9. Having regard to the fact that the claim for refund is pending for a long time, the revisional authority will dispose of the matter as expeditiously as possible.
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1979 (2) TMI 103
Valuation - Determination of wholesale cash price ... ... ... ... ..... Co., to the consumers. I, therefore, put it to Shri K.N. Kataria, the learned Counsel for the Union of India to obtain instructions if the respondents are willing to ascertain de novo the wholesale cash price for the purpose of calculating the differential excise duty. The case was adjourned till today. 3. Mr. K.N. Kataria has obtained instructions and has no objection to the quashing of the impugned notice of demand and orders but giving liberty to the respondents to determine the wholesale cash price after giving opportunity to the petitioner. 4. I, therefore, quash the impugned notice of demand dated 30th July, 1975 by respondent No. 4, the order dated 26th March, 1975 passed by Assistant Collector of Central Excise and the order dated 11th June, 1976 passed by Appellate Collector of Central Excise and grant liberty to the respondents to determine the wholesale cash price in accordance with law after affording an opportunity to the petitioner. I make no order as to costs.
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1979 (2) TMI 102
Whether the lands were assessed to land revenue, in the United Provinces or they were subject to local rate or cess assessed and collected by an officer as required under s. 2(a) of the U.P. Agrl. I.T. Act, 1948?
Held that:- The returns were submitted by the two companies on the basis of their respective income. In the circumstances, it cannot be said that the tax authorities were in error in assessing tax on the returns submitted by the two companies. The plea, therefore, that the assessment on the two companies, in the absence of proceedings against the firm of which the companies were partners, is not legal cannot be upheld.
On a consideration of all the relevant facts the assessing authority came to the conclusion that the agreement in favour of the companies provided for payment of land revenue and the word " rent " used in the leases has to be considered in relation to the original agreements and as such it is seen that the agreement provided for payment of land revenue. The learned counsel appearing for the respondents was unable to challenge the correctness of the finding of the assessing authority. On a consideration of all the facts that were placed before the assessing authority, we do not see any reason for not accepting the conclusion arrived at by the authority. This issue also we find against the assessee. Thus the High Court was in error in coming to the conclusion that the assessment proceedings against the respondent were unsustainable. Appeal allowed.
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1979 (2) TMI 101
Income Tax, Liability To Tax, Privy Purse ... ... ... ... ..... t paid during the various years was not constant showed that it entirely depended upon the bounty or discretion of the ruler. Since the payment depended upon the discretion of the ruler and was not in the nature of an obligation, the application of the amount of privy purse by the Ruler--merely a personal obligation that he felt himself bound to discharge towards the members of his family, cannot be said, in the hands of the recipients, to be income which was liable to tax. The fact that the amount of the privy purse itself was exempt from tax makes no difference to the character of the receipt by the two assessees before us. Under the circumstances, we hold that the conclusion of the Tribunal was correct. For the reasons that we are stating in this order, we answer the question referred to us in each of the two cases in the affirmative, that is, in favour of the assessee and against the revenue. The Commissioner will pay the costs of the assessee in each of the two matters.
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1979 (2) TMI 100
Income When Accrues, Land Acquisition ... ... ... ... ..... sing to give directions as it did. The question in Reference No. 124 of 1978 must, therefore, be answered in the affirmative, that is, in favour of the assessee and against the revenue. In the light of the above discussion, we answer the questions referred to us as follows Question No. 1 In the affirmative, that is, in favour of the assessee and against the revenue, but we may add the qualification that in the light of the decision in Topandas Kundanmal s case 1978 114 ITR 237 (Guj), when the amount of compensation is finally determined by courts, the capital gains may be recomputed treating the amount as income of the year in which the possession was taken. Question No. 2 In the affirmative, that is, in favour of the assessee and against the revenue. In Reference No. 124 of 1978, the question referred to us is answered in the affirmative, that is, in favour of the assessee and against the revenue. The Commissioner will pay the costs of both these references to the assessee.
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1979 (2) TMI 99
Estate Duty, House Property, Property Passing On Death, Subject Matter ... ... ... ... ..... tself and not to any further dealings with the said property or conversion thereof. Unless, on the facts of the case, it can be established that there was an obligation on the donee that the amount of gift is to be invested in any particular manner, s. 10 would not be attracted, though we are not expressing a final opinion in the matter. Our attention is invited to the decision of the Allahabad High Court in CED v. T. N. Kochhar 1973 89 ITR 216 as well as the decision of the Calcutta High Court in Mrs. Shamsun Nehar Mansur v. CED 1969 71 ITR 301, where the courts have taken similar view. On a plain reading of s. 10, we are of the opinion that no other interpretation is possible. The result is that this reference is rejected and the question referred to us is answered in the affirmative, that is, in favour of the accountable person and against the Controller of Estate Duty. The Controller of Estate Duty, Gujarat, will pay the costs of this reference to the accountable person.
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1979 (2) TMI 98
Agricultural Income Tax, Net Wealth, Wealth Tax ... ... ... ... ..... finding of the Tribunal is contrary to the terms of the hypothecation deed (annexure B ) referred to above. The loan secured by hypothecation related to, inter alia, growing tea crops which are not included in the definition of assets under s. 2(e). The hypothecation is also with respect to manufactured tea. Under r. 8 of the I.T. Rules, 1962, only 60 of the income is treated as agricultural income, and 40 as non-agricultural income. This is, in our opinion, due to the fact that income from tea is the income out of combined efforts of agricultural as well as non-agricultural assets. As such, s. 2(m)(ii) will apply to the facts of the case. This is the answer to our question No. 2. As a result of the foregoing discussions, we answer the question in Wealth-tax Reference No. 1 of 1974, in the negative and answer the common question in Wealth-tax Reference No. 9 of 1975 and No. 11 of 1975, also in the negative. Parties are left to bear their own costs. IBOTOMBI SINGH J.-I agree.
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1979 (2) TMI 97
Business Expenditure, Collaboration Agreement, Enduring Nature, Foreign Company, Income Tax Act, Indian Company
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1979 (2) TMI 96
Assessment Year, Income When Accrues, Total Income ... ... ... ... ..... The right to excess compensation and to interest thereon cannot be said to arise or accrue , on the date of dispossession, much less, on the date of the s. 4 notification. On these dates the prospect of a reference and its outcome are alike uncertain, and even if the claimant succeeds on reference in the first instance before the court, the State s right of appeal throws, as the Chief Justice points out, a further element of fluctuation in the scale. We are unable to accept the contrary ruling of the Madras High Court in T. N. K. Govindarajulu Chetty v. CIT 1973 87 ITR 22 (Mad) or of the Punjab and Haryana High Court in CIT v. Dr. Shyam Lal Narula 1972 84 ITR 625. We answer the questions referred in these two references in the affirmative, i.e., in favour of the revenue and against the assessee. There will be no order as to costs. A copy of this judgment, under the signature of the Registrar and the seal of the court, will be communicated to the Tribunal, as required by law.
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1979 (2) TMI 95
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... ... ..... stified in holding that the price of stores supplied by the military authorities to a contractor of the M.E.S. department was to be included before applying the flat rate to the assessee s receipts. On an appeal being carried against the said judgment, their Lordships in Brij Bhushan Lal Parduman Kumar v. CIT 1978 115 ITR 524 (SC) have reversed the said judgment and held that the assessment was to be made excluding the cost of material and stores received for being used in the works undertaken by the contractor. Learned, counsel for the parties are agreed that no controversy now exists and the decision of their Lordships of the Supreme Court in Brij Bhushan Lal Parduman Kumar s case 1978 115 ITR 524, completely governs the present case as well. Following the decision we return the answer to the question referred in the affirmative, that is, in favour of the assessee and against the revenue. There will be no order as to costs. B. S. DHILLON J.-I agree. HARBANS LAL J.-I agree.
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1979 (2) TMI 94
Business Expenditure, Expenditure Incurred ... ... ... ... ..... bath rooms, urinals and fitting of a gate and widening of a gate. The Tribunal held that this was an admissible deduction under s. 37 of the I.T. Act, 1961. The assessee was carrying on business in rented premises. He was a tenant of 40 to 50 years standing. The bath rooms and urinals required face lifting. He spent this sum of Rs. 2,000 for renovating the bath rooms and urinals and partly for fitting a gate. The Tribunal has held that in the particular circumstances of the present case it can be said that by this expenditure no new asset came into existence. It was also found that by that expenditure no asset of an enduring nature was brought into existence. We have heard learned counsel. We are inclined to agree with the Tribunal. The third question also has to be answered in favour of the assessee. In the result, all the three questions are answered in favour of the assessee and against the department. The assessee will be entitled to costs which are assessed at Rs. 200.
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1979 (2) TMI 93
Banking Company, Business Expenditure, Expenditure In The Nature Of Entertainment Expenditure, Expenditure Incurred
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1979 (2) TMI 92
Fair Market Value ... ... ... ... ..... that the correct value has been stated. This has also been the view taken by Mr. Justice R. M. Dutta in the decision in the case of Smt. Bani Roy Chowdhury v. Competent Authority 1978 112 ITR 111 (Cal). On this aspect of the matter, I respectfully agree with the aforesaid view of the learned judge. If that is the position then there was no material--at least no material has been indicated by the IAC to form the belief as required by the Act. In that view of the matter, the conditions precedent for the initiation of the proceedings were not fulfilled and, therefore, in my opinion, the proceedings are without jurisdiction. I need not go to the other aspects of the matter as indicated above. There will, therefore, be an order quashing the proceedings initiated under s. 269D(1) on the 23rd April, 1973, and restraining the respondents from proceeding further in pursuance thereof. The rule is made absolute to the extent indicated above. There will, however, be no order as to costs.
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1979 (2) TMI 91
Attributable To, Carrying On Business, Deduction From Total Income ... ... ... ... ..... y the assessee. In Cambay Electric Supply Industrial Co. Ltd. v. CIT 1978 113 ITR 84 (SC), the Supreme Court held that the expression attributable to is much wider than the expression derived from . The expression attributable to suggests that the legislature intended to cover receipts from sources other than the actual conduct of the business of the assessee. The investment of the statutory percentage of its profits in Government securities was a condition of the carrying on of the business. The profits or gains from such investments were connected with or incidental to the carrying on of the actual business. They were, in our opinion, rightly held by the Tribunal to be attributable to the activity carried on by the assessee within the meaning of cl. (c) aforesaid. We, therefore, answer the question referred to us in the affirmative, in favour of the assessee and against the department. Since no one has appeared on behalf of the assessee, there will be no order as to costs.
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1979 (2) TMI 90
Burden Of Proof, Contract Business, Question Of Fact, Question Of Law, Reference To High Court
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