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Showing 61 to 80 of 100 Records
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1981 (5) TMI 40 - ITAT BANGALORE
Revision, Orders Prejudicial To Revenue ... ... ... ... ..... essee is entitled to succeed. We find that the Commissioner had taken into account the report of the ITO which was made available to him after the assessment orders were passed by the ITO and in that report the ITO had mentioned about certain family trust, etc., which reference found no place in the assessment orders in respect of the years under appeal. Even in the assessee s letter dated 1-8-1977, referred to on behalf of the revenue at the time of hearing, there was no mention or discussion about such trust. The revisionary power of the Commissioner cannot be equated with powers of the reassessment of the ITO. Having regard to the facts of the case and the ratio of the decision in T. Narayana Pai s case, we are of the view that the impugned order of the Commissioner under section 263 before us cannot be sustained on facts and in law. Accordingly, we cancel the order of the Commissioner made under section 263. 24. In the result, both the appeals by the assessee are allowed.
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1981 (5) TMI 39 - ITAT BANGALORE
Deductions, Income From Co-Operative Societies ... ... ... ... ..... eration to the matter and we find no merit in the appeal of the assessee on this point. Out of Rs. 68,317, Rs. 43,831 was claimed to represent interest on advance payment made by the assessee to the contractors. The same treatment was given by the lower authorities in respect of this amount as in the case of penalty amount. The claim of the assessee was disallowed as the amount is not the income from profits and gains of business attributable to the purchase of fertilizers, etc., for the purpose of supplying them to the members of the assessee and that the income was not interest or dividend derived front other co-operative society as provided under section 80P(2)(d). Having regard to the facts of the case, we find no material or fact to disagree with the findings of the Commissioner (Appeals) on this point also which we hereby confirm. The order of the Commissioner (Appeals) is, therefore, confirmed. 7. to 13. These paras are not printed here as they deal with minor issues.
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1981 (5) TMI 38 - ITAT AMRITSAR
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... ... ..... tter was carried before the CIT (A), the contention of the assessee was accepted by the CIT (A). When the matter came before the Tribunal at the instance of the Revenue, the Tribunal decided the issue in favour of the assessee, following the ratio of its own decision in the case of Shri Amitabh Bacchen (ITA 537/Bom/78-79 dt. 3rd Nov., 1979) in which the Tribunal considered the issue in favour of the assessee on the basis of following the circular from the CBDT. As such, in our view, since the matter is covered by the circular of the CBDT in favour of the assessee, no referable question of law arises, more so in the light of the recent circular of the CBDT No. 201/146/78-ITA-III dt. 26th Feb., 1980, which also fortifies our conclusion in the case of the assessee. 5. In the light of the above discussion, we do not deem it necessary to refer the aforesaid questions for the opinion of their Lordships. 6. In the result, the reference application filed by the Revenue is dismissed.
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1981 (5) TMI 37 - ITAT AMRITSAR
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... ... ..... r when only six months had passed the assessee cannot be normally found to anticipate the profit of the whole year correctly. Therefore, in basing his estimate on previous year s income it cannot be presumed as a fact that the assessee had been utility of understating the income. It has to be established by the ITO, that it was not a normal case and that the assessee had discovered the dimensions of the profit of the year has got to be established or indicated by any fact or material to be brought by the ITO which he failed to do. In this view that when he filed the estimate on 14th Sept., 1976 it could not be established that he had understated the advance tax payable. 7. In this view of our finding where no basis had been indicated which had ld the ITO to hold that he had understated the estimate of advance tax payable we, cannot sustain the finding of CIT confirming the levy of interest under s. 216. The finding of CIT is vacated and the appeal of the assessee is allowed.
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1981 (5) TMI 36 - ITAT AHMEDABAD-B
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... ... ..... y Degree were not awarded in country certainly would constitute high professional qualifications which have been responsible for the success of may industries in our country. We see no reason to include the income of the wife to the total income of the assessee. This addition is deleted. 5. The assessee showed 16 shares of M/s M. corporation Pvt. Ltd. to his nephew. In computing the capital gains from the above transaction, the ITO invoked the provisions of s. 52. This is contested before us. This point is covered by the decision in ITA No. 652/Ahd/1980 dt. 28th Feb., 1981 and several other decisions in favour of the assessee succeed son this point. 6. The ITO disallowed a sum of Rs. 2,300 on account of ITP fees and Rs. 75 on account of Accountancy charges. The disallowance was upheld by the Commr. (A). No serious argument is advanced before us against this disallowance. No inference is called for with the order of he Commr. (A) on this point. 7. The appeal is partly allowed
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1981 (5) TMI 35 - ITAT AHMEDABAD-B
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... ... ..... Relied very heavily on the position explained by the ld. CIT(A) 9. We however accept the reasoning and the contentions of Shri Desai, in our view then their Lordships have explained the basis for relief regarding other sections in this chapter, namely, Chap. VI-A, that will govern the relief under s. 80P also though their Lordships have not referred to that section. Like other allied sections, 80P also notes that when the gross total income of the co-operative societies includes some specific income which would get relief under that section. Now their Lordships have explained similar situation in other sections. Following with respect the ratio laid down by their Lordships, we hold that what is includible in gross total income is the interest received by the assessee from various co-operative societies and not only the deficit in interest account. We therefore hold that the assessee is eligible for relief under s. 80P (2)(d) Rs. 93,846. 10. The appeal is treated as allowed.
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1981 (5) TMI 34 - ITAT AHMEDABAD-A
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... ... ..... um payment should at any rate be considered as a revenue or capital account during the year of payment there being no provision in the IT Act for allowance of a deferred expenditure. The position here factually as well as legally is not one of deferred expenditure but a payment of rent in advance. The conditions of the lease such as the obligation to construct a building, carrying on particular business etc. which, if not complied with perhaps may result in the termination of the lease, would support over view about the advance payment of rent. The fact that the stipulated rent Rs. 10 per year is absurdly low, would also support the case that what is paid is an advance amount towards rent and not a premium or a one-time down-right payment of rent. Taking into account a reasonable rent from year to year for the property in question, there would practically be no amount which could be appropriated even if that could be done towards an initial payment 17. The appeal is allowed.
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1981 (5) TMI 33 - HIGH COURT OF PUNJAB AND HARYANA
Electrical Lamp holders classifiable - Words and Phrases - 'Namely' - Meaning of ... ... ... ... ..... bs. 13. Mr. Bhagirath Dass then argued that if the Item 61 is interpreted to include lamp holders it will result in a great hardship to the small scale manufacturers. The policy of the State is to encourage such small scale industries and not to unnecessarily burden them with taxes. There is a complete answer to this submission of Mr. Bhagirath Dass in the famous words of Sir Richard Couch C.J. in Madhub Chander v. Raj Coomar Doss (1912) 14 Bom. L R 76 which have become locus classic. He observed, we have nothing to do with the policy of such a law. All we have to do is to take the words of the statute and put upon them meanings they appear plainly to bear. 14. From the above discussion, it is clear that the lamp holders squarely fall within Entry 61 because they are Electric Lighting Fittings even though they may not be plugs, sockets and switches. 15. There is, therefore, no merit in this petition and the same is dismissed but with no order as to costs. Petition dismissed.
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1981 (5) TMI 32 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Central Excise - Dutiability of captive consumption - Removal of goods ... ... ... ... ..... is so, the relevant date would be the date on which the final determination of the value was made . That was made simultaneous with the confirming of the provisional demand. Final determination of the value of the goods had not been made in accordance with the rules and hence the period prescribed in Rule 10 for the service of the notice would not come to bar the proceedings. Everything being in the fluid stage, Rule 10A of the Rules could definitely come to be employed for the purposes. We find no legal infirmity in the impugned orders on that score in both the writ petitions. 22. Lastly, in C.W.P. No. 1109 of 1980, the vires of Rule 10A of the Rules were questioned on the plea that it gave arbitrary and unbridled powers to the authorities without the provision of any guidelines regarding its application. The point was barely touched and not elaborated. 23. For the foregoing reasons, we find no merit in both the petitions, and dismiss the same without any order as to costs.
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1981 (5) TMI 31 - HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
Central Excises and Salt Act, 1944 - Adjudication - Penalty ... ... ... ... ..... egard of its obligation. Whether penalty should be imposed for failure to perform a statutory obligation is a matter of discretion of the authority to be exercised judicially and on a consideration of all the relevant circumstances see in this connection Hindustan Steel Ltd. v. State of Orissa, (1972) 83 I.T.R. 26 and Commissioner of Income tax, West Bengal-I and another, v. Anwar Ali, (1970) 76 I.T.R. 696 . The afore-mentioned principles have come to be enunciated in the jurisprudential realm of the income-tax law. No sustenance can be drawn by the petitioner for the view canvassed by them that there was lack of mens rea on their part and somebody else committed the breach of the rules without their knowledge. Fictionally, as Rule 225 of the Rules provides the firm and, for that matter, the partners had committed the breach of the rules, attracting penalty. 15. For the foregoing reasons, we find no merit in the petition, which is hereby dismissed, with no order as to costs.
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1981 (5) TMI 30 - HIGH COURT AT CALCUTTA
Paper - Tissue paper used for interleaving the aluminium foils for tea chest linings are not liable to duty
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1981 (5) TMI 29 - GOVERNMENT OF INDIA
Samples - Test report of similar goods of other parties - Effect ... ... ... ... ..... confiscation of the goods, they should have tested the goods through a competent agency. Reliance on Test report of similar goods brought by other parties, even from the same manufacturer and at about the same time, does not constitute sufficient legal evidence to come to the conclusion that the petitioners goods must necessarily be identical to the ones which were tested, specially when the petitioners agitated the findings of the said test report. In this view of the matter, the Government of India allow the revision application with consequential relief of redemption fine amount to the petitioners.
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1981 (5) TMI 28 - GOVERNMENT OF INDIA
Customs - Polythelene Glycol - Classification ... ... ... ... ..... t any basis and is not tenable. 6. Coming to the petitioners argument that the polyethylene glycol have been ruled by the Board to be outside item 15A of CET, the Government observe that the relevance of this issue in the instant case is not properly understood. Here is a case where the goods have not been classified under item 15A of the CET. Therefore, the exact implication of the plea taken seems to be indirect. In any case, since the chapter note and explanation available under chapter 39 is not pari materia with the entry appearing under item 15A CET, no conclusion can be drawn about assessment of basic customs duty with reference to it classification under a different statute. Since there is no dispute that polyethylene glycol is a polycondensation or polyaddition product and such products are specifically covered under chapter 39.01/06 of CTA, 1975, its assessment under the aforesaid entry is upheld. In the result, the revision application fails and it is so rejected.
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1981 (5) TMI 27 - GOVERNMENT OF INDIA (FULL BENCH)
Lipstick containers are not aluminium containers - Demand - Whether time barred ... ... ... ... ..... the lipstick. Therefore, in that view of the matter the impugned goods cannot be classified as containers ordinarily intended for packaging of goods for sale within the meaning of containers as provided in the explanation below item 27 of Central Excise Tariff merely because of the use of sleeve made of aluminium. Government also see considerable force in the petitioners contention on the question of time bar. The Government, therefore, set aside the order in appeal. However, the Government observe that the aluminium sleeve which forms a component of the impugned goods would prima facie attract duty as aluminium tube and this aspect of the matter which seems to have been lost sight of by the lower authorities in their pre-occupation with the question of classification of the subject goods under Item 27 Central Excise Tariff should appropriately receive their attention. 6. With these observations, the Government set aside the impugned order and allow the revision application.
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1981 (5) TMI 26 - HIGH COURT OF DELHI AT NEW DELHI
`Manufacture for or on behalf of' - Franchise agreement - Show Cause Notice - Alternative remedy - Jurisdiction
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1981 (5) TMI 25 - GOVERNMENT OF INDIA
Brandy and Concentrated brandy - Distinction between - - Benefit of doubt - Scope ... ... ... ... ..... d content. 15. Having regard to all the facts and records of the case therefore, Government hold that though the proof-strength alone could not be a decisive factor in determining whether the brandy imported was concentrate or not the contention of the petitioners that the goods were more in the nature of brandy concentrate, in view of the high percentage of solid content in the impugned goods and other reasons urged in the Revision Application and at the hearing could not be brushed aside, so as to dis-entitle them to the benefit of doubt claimed by the petitioners. As such and having regard to the fact that the petitioners had produced a licence which they had bona fide considered valid for the importation of the goods and since the case against them cannot be said to have been conclusively established, the Government extend the benefit of doubt to the applicants, set aside the impugned order and allow the Revision Application, with consequential relief to the petitioners.
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1981 (5) TMI 24 - GOVERNMENT OF INDIA
Aluminium Alloy connecting Rod Die forgings for motor cycles - Classification ... ... ... ... ..... gned Item has been held to be finished part for classification under CTA, 1975 the Item remains semi-finished part, but it has been classified as finished part, because of the authority derived from the interpretative rule 2(a) of CIA, 1975 in terms of which any reference in a heading to an article shall be taken to include a reference to that article incomplete or unfinished, provided that, as imported, the complete or unfinished article has the essential character of the complete or finished article . Such authority is not available for classification under CET and hence a semi-finished part has to be classified as a semi-finished part for the Central Excise Tariff and, therefore, there is no incongruity in holding the above said view. 5. In view of the foregoing, the appellate orders which are correct in law are upheld and the revision applications are rejected. The Government hereby also revoke its earlier order of staying the recovery proceedings for the impugned cases.
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1981 (5) TMI 23 - GUJARAT HIGH COURT
Capital Gains, Liability To Tax, Transfer ... ... ... ... ..... igible to tax under section 45 "2. Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that there was a 'transfer' within the meaning of section 2(47) of the Income-tax Act, 1961 of the shares contributed by the assessee as capital to the partnership firm in which he was a partner?" In the affirmative and in favour of the revenue. It is clarified that the factual position as to whether or not in fact capital gains had arisen or accrued having regard to the cost of acquisition computed in accordance with the relevant rules will have to be decided by the Tribunal in accordance with law in case the factual position is disputed. 18. An oral request is made by counsel for the assessee in each of the two matters for a certificate of fitness to appeal to the Supreme Court. As envisioned by section 261 of the Act. We consider each of the two cases to be fit one for appeal to the Supreme Court. We certify accordingly.
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1981 (5) TMI 22 - DELHI HIGH COURT
Annual Value, House Property, Self-Occupation ... ... ... ... ..... ty may claim pro tanto relief but we are not concerned with that question here. We have, therefore, come to the conclusion that the context before us is one in which the dichotomy between the firm and its partners should be given effect to and that the nature of the relief under s. 23(2) is such that it is not available in the case of a firm just as it is not available in the case of a company. To sum up, it is well settled that a firm is an independent taxable entity distinct from the partners who compose it. This being the position, it appears to us that the only person entitled to the exemption under s. 23(2) is the taxable entity and not its components. As the firm is not using the property for its own residence, as indeed it cannot in the ordinary sense, it is not entitled to, the benefit of the provision. For the reasons outlined above, we answer the question in the negative and in favour of the revenue. The revenue will be entitled to its costs. Counsel s fee Rs. 350.
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1981 (5) TMI 21 - CALCUTTA HIGH COURT
Capital Gains ... ... ... ... ..... Commr. of Sales Tax 1963 14 STC 316). It is, therefore, necessary to read s. 54 in the context of the subject-matter and its setting in the scheme of capital gains and the object of exemption and to ascertain the true import of the relevant part thereof. (See the observations of the Division Bench of the Gujarat High Court in the case of CIT v. Natu Hansraj 1976 105 ITR 43 at p. 49). The main purpose of the statute is to give relief for the acquisition of a new residential house. In that context, it does not really matter whether the new residential house is partly constructed or partly purchased. In the premises, question No. (i) is answered in the negative and in favour of the assessee. Question No. (ii) is also answered in the negative and in favour of the assessee and question No. (iii) is also answered in the negative and in favour of the assessee. In the facts and circumstances of the case, the parties will pay and bear their own costs. SUDHINDRA MOHAN GUHA J.-I agree.
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