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Case Laws
Showing 121 to 140 of 291 Records
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1987 (8) TMI 197 - CEGAT, NEW DELHI
Reclassification ... ... ... ... ..... they were textile machinery parts classifiable under Item No. 68, CET. 24. In the result, the following are our conclusions (a) The re-classification of hydraulic and air brake hose assemblies under Item No. 68, CET, was correct and is upheld. (b) However, assessments under Item No. 68, CET for purposes of raising demand can only be sustained for the periods commencing from the dates of the respective show cause notices. The demands for duty under Item No. 68, CET for the periods prior to the dates of the respective show cause notices are not sustainable and are set aside. (c) The show cause notices issued by the Central Government under Section 36(2) of the Act are not sustainable and are discharged. The Collector rsquo s appeals are dismissed. (d) The assessees are not entitled to refund of duties paid under Item No. 68, CET, since we have held the proper classification of the goods is under Item No. 68, CET. 25. The appeals are disposed of accordingly, on the above lines.
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1987 (8) TMI 196 - CEGAT, NEW DELHI
Instruments and apparatus ... ... ... ... ..... quipment comprised 13 items among which are Rotameters, Milliameter and Menometers. In Leak Test equipment there are 8 items which include Electronic Leak Test Device and Milliampere measuring machine. This shows that these measuring instruments only form part of the apparatus and are not the apparatus itself. From these facts, it is clear that the imported goods are test benches. Therefore, the lower authorities correctly classified them under Heading 9031.20. Heading 90.26 being only for instruments and apparatus for measuring/checking the Flow rate of liquid or gases, the imported goods cannot claim classification under that heading. 10. emsp The Notification No. 118/86-Cus. is for measuring instruments and for instruments used both for purpose of measuring and checking. As the imported goods are complete test benches of which measuring/ checking instruments are parts, the benefit of Notification cannot be extended to the impugned goods. 11.We therefore dismiss the appeal.
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1987 (8) TMI 195 - CEGAT, NEW DELHI
Rectification of mistake apparent from the record ... ... ... ... ..... the effect that the supplier had sent brass metal instead of brass dross by mistake. It was also observed that there was a big difference in the price of brass metal and brass dross and that no prudent seller would sell expensive item at a lower rate. The Tribunal, therefore, was of the view that the applicants were liable to penalty under Section 112 of the Customs Act. lsquo However, to meet the ends of justice the Tribunal reduced the fine in lieu of confiscation from Rs. 5 lakhs to Rs. 4.5 lakhs in respect of each of the two bills of entry and also reduced the penalty from Rs. 1 lakh to Rs. 50.000/-. 6. The Tribunal rsquo s Order dated 27-10-1986 was based on the proper appreciation of the facts and circumstances of the case and the evidence on record. There was no mistake in the Tribunal rsquo s order apparent from the records of the case warranting rectification of the same. In the circumstances, the application filed before us has to be dismissed. We order accordingly.
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1987 (8) TMI 194 - CEGAT, NEW DELHI
Price list submitted with a right reserving exclusion of post-manufacturing expenses ... ... ... ... ..... r. The claim being essentially for the past period, when duties had been paid on the higher values, it would have ultimately involved the question of refund only. The appellants had filed the refund claim well within the limitation of one year in force at that time. 8. emsp In the light of our discussion, we hold that in the facts and circumstances of this case, the lower authorities were not correct in rejecting the appellants rsquo claim on the preliminary ground that the appellants had not appealed against the price approvals of 11/17-11-1975. Consequently, we allow the appeal and remand the matter to the Assistant Collector for a fresh disposal on merits in accordance with the Supreme Court judgments in Bombay Tyres International and other subsequent cases. The Assistant Collector would be at liberty to call upon the appellants to furnish fresh quantification of deductions held admissible by him and to allow consequential refund after due verification to his satisfaction.
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1987 (8) TMI 193 - CEGAT, NEW DELHI
Water Pump Bearings ... ... ... ... ..... all bearing. A Ball Bearing, known as such in the trade, comes without a shaft fixed inside it. The imported goods are a combination article of 2 parts - a ball bearing and a shaft. Their description in the invoice and the catalogue also corroborates that they are not just a ball bearing but an integral shaft ball bearing. Item 49 of the Tariff is, therefore, inappropriate for combination articles of the type imported. 3. ensp Accordingly, we set aside the lower orders and allow the appeal. Additional Customs duty should be assessed on the goods with reference to Item 68 of the Central Excise Tariff and consequential refund should be granted to the appellants.
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1987 (8) TMI 192 - CEGAT, NEW DELHI
... ...
... ... ..... to be refunded on the ground that the form in which it was ultimately cleared out of the factory, namely, plain (straight) reel hanks entitled the goods for exemption from duty. In the result, we uphold the impugned orders and dismiss these appeals. 14. The above conclusion disposes of the appeals filed by M/s. Jiyajee Rao Cotton Mills. 15. We shall now take up the appeal filed by the Collector of Central Excise, Indore in which M/s. Jiyajee Rao Cotton Mills are the respondents. The issue involved in this appeal is also the same as the one in the other appeals. Hence, it is unnecessary to traverse the same ground again. The difference between this case and the other cases is that the case put forward by the assessee found favour with the Collector (Appeals) and it is this order of the Collector (Appeals) that is impugned in the present appeal. Following the above discussions, findings and conclusion in the other appeals, we set aside the impugned order and allow this appeal.
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1987 (8) TMI 191 - CEGAT, NEW DELHI
CLASSIFICATION ... ... ... ... ..... elsewhere specified (2) Newsprint containing mechanical wood pulp amounting to not less than 70 per cent of the fibre content (excluding chrome, marble, flint, poster, stereo and art paper) (3) Other printing and writing paper. In our view the imported products in question between the two sub-heading No. (3) other printing and writing paper and (1) not elsewhere specified, would be more appropriately classifiable under sub-heading (3) as other printing and writing paper - this sub-heading being more specific to the residuary sub-heading. The Government of India decision relating to Central Excise on which the appellant has placed reliance does not rule out this classification for the purpose of Customs Tariff. 5. In view of the foregoing we find no force in these appeals and dismiss the same. 6. The respondents had also filed what they called a cross objection. It is in fact in the nature of comments on the ground of appeal and refers to certain decisions. The same is filed.
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1987 (8) TMI 190 - CEGAT, NEW DELHI
Intermediate product ... ... ... ... ..... the final product under Item No. 22 CET. It is the classification and dutiability of the product containing 54 polyester and 46 cotton (from which the final product is made) that is in issue. Having regard to the composition there is no doubt that the product fell under Item No. 19(I)(b) CET. We cannot read from the Supreme Court rsquo s judgment that if in the course of production of goods which are removed out of the factory, goods emerge which fall squarely within the description of a Tariff entry, the latter goods cannot be, or ought not to be, classified and subjected to duty under that entry, in view of the amendment to Rules 9 and 49 of the Central Excise Rules, which has the effect of making removals of excisable goods for consumption within the factory for manufacture of other goods, removals for the purpose of liability for duty. 8. In this view of the matter, we do not find any reason to interfere with the impugned order and, in the result, we dismiss this appeal.
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1987 (8) TMI 188 - CEGAT, NEW DELHI
CLASSIFICATION ... ... ... ... ..... c cloth cutting machine was ldquo not designed to be held in the hand during use rdquo . Weight of Power Chain Saw is almost half of the weight of the automatic cloth cutting machine under consideration of the Tribunal in K. Mohan and Co. rsquo s case. 8. From a reading of Tariff Heading 84.45/48, it is also apparent that machine tools falling under the said Heading would be other than falling, inter alia, within Heading 84.49. Therefore, before the Tariff Heading 84.45/48 can be applied, Tariff Heading 84.49 must be ruled out. Going by the Explanatory Notes to Tariff Heading 84.49 as referred to above, and having regard to the foregoing discussion in the light of pleas made by the learned SDR, Power Chain Saw Model PM-700 is correctly classifiable under Tariff Heading 84.49. A few instances of its assessment under 84.45/48 cannot act as an estoppel to the Department for its correct Classification. 9. In the light of the above finding, the appeal of the Department is allowed.
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1987 (8) TMI 187 - CEGAT, NEW DELHI
Printing industry products ... ... ... ... ..... ier mentioned the Additional Collector refused benefit under the notification on the ground that the product was not used for any purpose of communication of knowledge. We are unable to appreciate the said contention that communication of knowledge would be a condition precedent for being called as a product of the printing industry. For instance, the decision in the RMDC case was with reference to printed cartons. In any event, it may with justification be said that the sample printed folder should communicate knowledge, since it would contain information as to the quality of the sample fabric contained therein and the other features thereof that may be of interest to the customer. 7. ensp Thus, on a careful consideration of the submissions of both sides we are of the view that the denial of benefit claimed by the appellants under Notification No. 55/75 is not justified. This appeal is accordingly allowed and the impugned order is set aside with consequential relief, if any.
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1987 (8) TMI 186 - CEGAT, NEW DELHI
Confiscation ... ... ... ... ..... cessary by taking an expert opinion that any of the seized goods come within the purview of sound newsprint which can be operated upon the machines of the appellant No. 1. It is also to be examined that if there is any waste newsprint amongst the seized goods the quantity contained therein as well as the quantity sold earlier by the appellant No. 1 did not exceed the permissible limit of 10 as mentioned in the Public Notice referred to above. For examining these two aspects the case needs to be readjudicated by the adjudicating authority. All opportunity should be given to the appellants, to adduce evidence to the effect that the seized goods are waste newsprint and are covered within the permissible limit of 10 for the purpose of sale. 8. Appeals are thus allowed by way of remand for fresh adjudication on the lines mentioned above. 9. Since the cross-objections merely pray for maintaining the order of the adjudicating authority, these are also disposed of in the above terms.
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1987 (8) TMI 169 - ITAT MADRAS-D
Capital Gains, Profit On Sale Of Residential House ... ... ... ... ..... n the case of K. C. Sahni directly supports the assessee s contentions, though it is contrary to the decisions of the Madhya Pradesh and Karnataka High Courts. However, in view of the our conclusion that the decisions of the Madras and Bombay High Courts relied on by the learned Chartered Accountant are applicable to the facts of the present case, we are of the view that the assessee could be held to have sold his property only as an individual, even though he is assessed in the status of a Hindu undivided family, as he is the sole surviving coparcener in the said HUF. Therefore, the decisions relied on by the revenue are inapplicable to the facts of the present case. We would,, therefore respectfully follow the two decisions of the Madras and Bombay High Courts relied on by the assessee and confirm the order of the CIT (Appeals) directing grant of exemption under sec. 54(1) of the Act to the assessee. 30. In the result, the appeal for the year 1982-83 is also partly allowed.
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1987 (8) TMI 167 - ITAT MADRAS-D
Gift, Settlement Deed ... ... ... ... ..... be correct in Jaw, when it is found that the transfer of interest is directed to take effect only after the lifetime of the executant, as the executant has not deprived himself of his interest in the property during the interval, since it is open to him to dispose of any property before the vesting date. It is because of such a situation, the document can be treated only as a will and not as a gift deed. If the document is a gift deed, there should be a present vesting of interest though the entering into possession and enjoyment of the property may be postponded to a later date. These passage do not support the contentions of the assessee but the contentions of the Revenue in the present case in the light of the recitals contained in the deed of settlement executed by the appellant which we have quoted in para 5. 1. Respectfully following the two decisions of the Madras High Court quoted above, we confirm the gift-tax assessment made on the appellant and dismiss the appeal.
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1987 (8) TMI 165 - ITAT MADRAS-C
Valuation Of Assets, Residential House, Reassessment ... ... ... ... ..... g. The land surrounding the building is not extensive. In fact there is a small garden in front of the house and the land covered by such garden according to the Department s own valuer, is said to be incapable to being developed independently. In the circumstances, we are of the opinion that no part of the land on which the assessee s building stands, can be valued separately and included in her net wealth by denying the benefit of section 7(4). In the circumstances, we are of the opinion that the value declared and accepted by the assessee in the first assessment in the correct value, which should have been included under the provisions of section 7(4). Accordingly there is no wealth which has escaped assessment. In the circumstances, the reassessment made by the WTO is liable to be quashed on both the grounds namely, that the reopening of the assessment is itself bad in law and even otherwise, there is no wealth escaping assessment. 6. In the result, the appeal is allowed.
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1987 (8) TMI 163 - ITAT MADRAS-A
Depreciation, Allowance of ... ... ... ... ..... In view of this exposition, we find here the other aspect., viz. the simplification of the procedure and the beneficial consequence thereof which was brought about by the circular and which has been applied in all such cases which have come before the Tribunal. We also find that the revenue has not pressed the question in the reference with regard to the binding nature of this particular circular itself. It is pertinent to note that the CBDT has issued fresh instruction No. 1605 in F. No. 202/27/84-IT A-II dated 26-2-1985 stating that the decisions of the Courts having been rendered without reference to the earlier circular, the extra shift allowance will continue to be computed with reference to the working of the concern as such as before in spite of the decisions. In the circumstances, we have to uphold the order of the CIT (Appeals) accepting the computation made in accordance with the circular of the CBDT. 11. This para is not reproduced here as it involves minor issue.
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1987 (8) TMI 162 - ITAT MADRAS-A
Business Expenditure ... ... ... ... ..... ITO v. First Leasing Co. of India Ltd. 1985 13 ITD 234 (Mad.)(SB) where it was held that a leasing company can claim investment on machinery leased out even though the company is itself not engaged in manufacturing operations. The CIT (Appeals) also over ruled the objection of the Revenue with regard to the exclusion of cinematograph films in the Eleventh Schedule to the Income-tax Act by referring to the decision of the Tribunal in the case of Prasad Productions (P.) Ltd. I. T. Appeal Nos. 1831 and 1832 (Mad.) of 1983-84, dated 29-5-1985 where it was held that in item No. 9 of the Eleventh Schedule to the Income-tax Act cinematograph films refers only to the manufacture of raw films and not for the processing of the film subsequently. The Revenue is unable to persuade us to take a different view in this matter. Hence, the order of the CIT (Appeals) on this point is confirmed. 14. In the result, the appeal of the assessee is allowed and the appeal of the Revenue is dismissed.
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1987 (8) TMI 161 - ITAT MADRAS-A
Actual Cost ... ... ... ... ..... ed accounting practices, with a view to counteracting tax avoidance through this method and placing the matter beyond doubt, the Bill seeks to provide that any amount paid or payable as interest in connection with the acquisition of an asset and relatable to a period after the asset is first put to use shall not form part and shall be deemed never to have formed part of the actual cost of the asset. This amendment will take effect retrospectively from 1st April, 1974 and will, accordingly, apply in relation to the assessment year 1974-75 and subsequent years. (Clause 9) This indicates clearly that the interest incurred up to the date of settlement has to be capitalised. We may also note that this is in conformity with the decision of the Supreme Court in the case of Challapalli Sugars Ltd. v. CIT (1975) 98 ITR 167. In the circumstances, we have to confirm the order of the CIT (Appeals) on this point. 3 to 6. (These paras are not reproduced here as they involved minor issues.)
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1987 (8) TMI 160 - ITAT MADRAS-A
Interest, Chargeable As ... ... ... ... ..... ice of announce of tobacco is what it is because of the rate of tax, but on a sale there is only one consideration, though made up of cost plus profit plus tax. So, if a seller offers goods for sale, it is for him to quote a price which includes the tax if he desires to pass it on to the buyer. If the buyer agrees to the price, it is not for him to consider how it is made up, or whether the seller has included tax or not. Following this dictum, the Supreme Court has held in the case of Sinclair Murray and Co. (P.) Ltd. that.the sales tax collected by a dealer formed part of the trading receipts. On the same analogy we have to hold that the enhanced interest collected by these banks formed part of its interest earned and could not be considered to represent the tax liability and be excluded from the chargeable interest. We have, therefore, to reject the claim of the assessee-banks and confirm the orders of the authorities below. 8. In the result, all the appeals are dismissed.
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1987 (8) TMI 159 - ITAT MADRAS-A
Transfer Of Assets, HUF ... ... ... ... ..... ce of the wife or daughter does not make income derived from joint family property, the income of the family because they have no right in that income and the individual coparcener has absolute right of disposal over the income until a son is born. In view of this position, which has stood the test of time, we have to hold that in the case of T. N. Iyengar and T. N. Soundararajan the income derived from the assets received on partition must be considered only as the income of the individual and has to be assessed in their hands even though the addition u/s. 64 was not justified. In the circumstances, we uphold the assessment for our own reasons in the cases of T. N. K. Iyengar, T. N. Soundararajan and T. N. Kumar while deleting the addition made u/s. 64 in the cases of T. N. Gopalan, T. N. Desikan, T. N. Kishore, T. N. Kothandapani and T. N. Sridharan. 16. In the result, ITA Nos. 208, 211 and 270/Mds/86 are dismissed and ITA Nos. 209, 210, 212, 268 and 269/Mds/86 are allowed.
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1987 (8) TMI 153 - ITAT JAIPUR
... ...
... ... ..... y basis on which the valuation is possible. In the present case the fact goes to establish that the assessee valued the assets on estimate basis and only conceded to adopt the value as was adopted for the earlier year which was on the basis of departmental valuer s report. If the assessee had known that the value would be different or higher value could be adopted and that he has not filed the return on a proper basis, the assessee has unnecessarily invited trouble for himself as the explanation goes to indicate that merely bringing an asset into wealth is not sufficient in itself but at the same time what is required is to bring the asset at its proper value. In the instant case the observation of the WTO r/w the contention of the assessee which has been reproduced above goes clearly to establish that there was a concealment which is hereby confirmed, thus the order of the WTO is restored and that of the AAC is quashed. 5. In the result, the departmental appeals are allowed.
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