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Case Laws
Showing 181 to 200 of 276 Records
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1992 (7) TMI 104 - ITAT AHMEDABAD-C
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... ... ..... estimating the net wealth and the sources from which estimate was required to be made both by the assessee as well as by the WTO was the same, viz., the incomplete books and rough books, it could not be said that the assessee had concealed particulars of wealth solely because the estimate made by the assessee is lower than the estimate made by the WTO. It would bear repetition to state that all materials facts were known to the Department from the date prior to the date of filing of returns and the wealth was to be ascertained from the account books which were in the custody of the Department. In these circumstances, it could not be said that there was an act of concealment on the part of the assessee which would attract penal provisions under s. 18(1)(c) of the Act. The explanation given by the assessee was satisfactory and as such no penalty ought to have been levied. We, accordingly, cancel the penalties imposed by the WTO for both the years. 16. The appeals are allowed.
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1992 (7) TMI 103 - ITAT AHMEDABAD-B
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... ... ..... pipe lines, supply of electricity, etc., provided became the property of the municipality. The amount spent for water pipe lines and accessories were held to be revenue expenditure on the ground that the advantage was secured only in the field of revenue because the pipe lines, etc., provided became the property of the municipality. In the case of CIT vs. National Machinery Manufacturers Ltd. (1991) 97 CTR (Bom) 186 (1991) 191 ITR 483 (Bom), the Bombay High Court considered the contribution made by the assessee-company to the Maharashtra Industrial Development Corporation for laying pipe lines to the assessee s factory and residential estate and held it to be a revenue expenditure because the pipe lines always belonged to the Maharashtra Industrial Development Corporation. In view of the aforesaid rulings and the binding judgment of the Gujarat High Court, we uphold the order of the CIT(A) and reject the ground taken by the Revenue. 5. In the result, the appeal is dismissed.
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1992 (7) TMI 102 - ITAT AHMEDABAD-B
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... ... ..... ch is not applicable here. Sec. 11(1)(a) contains a mandate and according to this mandate the income received by the representative assessee from property held under trust wholly for charitable or religious purposes to the extent of application of income or to the extent of accumulation of income shall not be included in the total income of the previous year of the representative assessee. Therefore, the conclusion that emerges is that in respect of such representative assessee what is includible in the total income is that which remains after application of income and accumulation of income and which should be the criteria for levy of penalty under the terms of cl. (a) or cl. (b) of s. 271(1)(i). As shown earlier there is not even a positive figure of rupee one for these two years so as to attract the penal provisions under cl. (a) as was done by the ITO. Even from this angle penalties imposed by the ITO are not warranted in law. 15. In the result the appeals are dismissed.
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1992 (7) TMI 101 - ITAT AHMEDABAD-B
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... ... ..... he assessee within the meaning of s. 32 though they were not registered in its name, under the Motor Vehicles Act, and the assessee was entitled to depreciation allowance on those vehicles. 9. The above finding will clearly show that whether the vehicle is registered or not in the name of the assessee the assessee is entitled for depreciation. It is not for Revenue authorities to see whether the vehicle was used in accordance with law or in violation of it. It is said that in taxing Act there is no equity Justice Rowlatt in Cape Brandy Syndicate) (1921) 1 KB 64 . If our illegal trade and business is liable for taxing, that illegal trade and business is also entitled for reliefs and deduction. The Department cannot say that they will tax but will not give reliefs because your business is illegal or it is not permitted by law. 10. We are of the opinion that the assessee is entitled for deduction. Therefore, we allow the appeal on this ground. 11. The appeal is allowed in part.
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1992 (7) TMI 100 - ITAT AHMEDABAD-B
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... ... ..... he assessee within the meaning of s. 32 though they were not registered in its name, under the Motor Vehicles Act, and the assessee was entitled to depreciation allowance on those vehicles. 9. The above finding will clearly show that whether the vehicle is registered or not in the name of the assessee the assessee is entitled for depreciation. It is not for Revenue authorities to see whether the vehicle was used in accordance with law or in violation of it. It is said that in taxing Act there is no equity Justice Rowlatt in Cape Brandy Syndicate) (1921) 1 KB 64 . If our illegal trade and business is liable for taxing, that illegal trade and business is also entitled for reliefs and deduction. The Department cannot say that they will tax but will not give reliefs because your business is illegal or it is not permitted by law. 10. We are of the opinion that the assessee is entitled for deduction. Therefore, we allow the appeal on this ground. 11. The appeal is allowed in part.
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1992 (7) TMI 99 - ITAT AHMEDABAD-B
Expenditure Incurred, Penalty Proceedings ... ... ... ... ..... of the case clearly show that the ITO has merely rejected the explanation offered by the assessee. He has also not established that the explanation offered by the assessee was false. On the other hand the explanation offered by the assessee is bona fide and all the facts relating to explanation have been disclosed by the assessee. The settlement order passed by the Commissioner whether equitable or inquitable is binding on the assessee but that alone would not justify levy of penalty. The ITO could have cross-verified the expenditure incurred by the assessee with reference to the books of the seller of the films so as to establish inflation of expenditure and the falsity of explanation offered by the assessee. Therefore, even Explanation (1) is not applicable. We accordingly uphold the orders of the first appellate authority and sustain the orders cancelling the penalties for these years and reject the grounds taken by the revenue. 10. In the result the appeals are dismissed
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1992 (7) TMI 98 - ITAT AHMEDABAD-B
Carrying On Business, Enduring Nature, Revenue Expenditure ... ... ... ... ..... cluding suggestion for future diversification shows that the entire fees paid to M/s. Multiproducts pertained to the Gas Agency business carried on by the assessee only and the bifurcation of the fees into three parts made by the learned D.R. is not warranted. Keeping in view the legal principles laid down in the cases of Praga Tools Ltd., Karnataka State Industrial and Investment Development Corpn and Alembic Chemical Works Co. Ltd., the expenditure incurred by the assessee is revenue in nature because the assessee is already in business and being new to the line of business, he obtained the project report for running the business more profitably and the expenditure fell in the revenue field and not in the capital field though the benefit is enduring in nature. The decision of SC in the case of Empire Jute Co. Ltd. v. CIT 1980 124 ITR 1 is relied on. Accordingly, we uphold the order of the CIT(A) on this point. 20. This para is not reproduced here as it involves minor issue.
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1992 (7) TMI 97 - ITAT AHMEDABAD-B
Settlement Commission ... ... ... ... ..... the CIT(A) would have been to keep the matter in abeyance till the disposal of the case by the Settlement Commission in which event the proceedings would have become infructuous and liable to be dismissed on that score. The CIT(A) also has not decided the appeals on merits of the case and inasmuch as the matters were pending before the Settlement Commission by admission of the application for settlement filed by the assessee the question of going into the merits of the case also did not arise. Considering all these factual and legal position we set aside the orders of the CIT(A) and restore them to his file for keeping them in abeyance till the matters are settled by the Settlement Commission by passing an effective order under sub-section (4) of section 245D of the I.T. Act, 1961, so that in case the matter is not settled the appeals would revive and the assessee could agitate the matter afresh before the CIT(A) on merits of the case. 6. In the result the appeals are allowed
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1992 (7) TMI 96 - ITAT AHMEDABAD-B
Applied To, Benefit Or Perquisite Arising From Business, Business Income, Discontinued Business, Supreme Court
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1992 (7) TMI 95 - ITAT AHMEDABAD
Industrial Undertaking,Profits And Gains ... ... ... ... ..... he Circular of CBDT No. 347, dated 7-7-1982 expressly lays down that the Board had accepted the view expressed in certain decisions to the effect that it was not necessary that the assessee itself should carry on the entire activities of manufacture and that it was enough if such activity was carried on with the aid of other units under the supervision of the assessee. Considering the entire circumstances I hold that the fact that the main project was still under construction was irrelevant and that the activity of the assessee of manufacture of plate bending machine would entitle the assessee to claim the status of industrial company and claim benefit of concessional rate of tax. The assessee was also entitled to claim deduction under section 80-I if other conditions are fulfilled. I, therefore, direct the ITO to treat the assessee as industrial company and to grant relief under section 80-I of the Act if other conditions are fulfilled. 8. In the result the appeal is allowed
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1992 (7) TMI 94 - GOVERNMENT OF INDIA
Baggage - Re-export ... ... ... ... ..... ans of knowing this fact cited as a material ground in the revision application. 5. In view of the above and nature of order-in-original, it will be difficult to hold that the order-in-appeal is defective despite the statement being self-incriminating. 6. Quite independently as held by the Government, in a number of cases, option to re-export, on fines can be given under Section 125 of the Customs Act even when the goods were not declared for the purposes of Section 77 ibid. In the circumstances of the case and looking in to the amount of redemption fine imposed, it is not possible to discern any irregularity or un-reasonableness in the order-in-appeal passed by the Collector (Appeals). He has given detailed reasoning and has taken into consideration all the material facts before granting the option to re-export. 7. In the result, Government endorses the order-in-appeal and the proceedings initiated by issue of show cause notice of even No. dated 19-2-1992 are hereby dropped.
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1992 (7) TMI 93 - GOVERNMENT OF INDIA
Show Cause Notice - Confiscation and penalty - Adjudication Order ... ... ... ... ..... id no irregularity has been committed in this case by the Department by non-mention of the specific clause. As a matter of fact there are other case laws to the effect that where the charge and relevant facts are clearly set out (in this case explained to the applicant) non-mention of a penal provision in the adjudication order will not vitiate the same. T.S. Narayana Rao v. Collector of Customs - 1990 (50) E.L.T. 328 (Tri.) . 8. Quite independently and having regard to the commodity sought to be smuggled (gold) the indigenious modus operandi adopted (Chromium plating) and the background of the applicant (who is an advocate) it will be making a mockery of law if he is to be let off on a mere technicality of non-mention of a clause under Section 112 of the Customs Act, 1962 when the offence is clear and his guilt proved beyond doubt. 9. In view of the above discussions, Government do not find any reason to interfere with the order-in-appeal and reject the revision application.
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1992 (7) TMI 92 - GOVERNMENT OF INDIA
Prosecution ... ... ... ... ..... ment proceedings cannot be held as untenable in the circumstances of the case. Therefore, without commenting on either the facts or correctness of any of the allegations except that prima facie these needed considerations, the matter is remanded to the Deputy Collector with the following directions - (i) He shall take up the adjudication proceedings de novo afresh but only after the evidence led by the Department in the prosecution in the Court of law is over. (ii) Full opportunity of cross-examining the witnesses shall be given. Deputy Collector shall also await the outcome of enquiring into the allegations against seizing officer by appropriate authorities and its effect on the seizure. 7. Needless to say that orders of the lower authorities are set aside. It is held, however, that the show cause notice was issued within time and even relevant documents supplied to the applicant. His plea in this regard is rejected. 8. The revision application is disposed of in above terms.
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1992 (7) TMI 91 - HIGH COURT OF JUDICATURE AT BOMBAY
Appeal - New plea - Additional duty of Customs ... ... ... ... ..... ion extremely clear. In our judgment, the claim of Shri Mehta that the company was entitled to take advantage of Notification No. 89/82 is without any substance. 6.Shri Mehta made a faint attempt to urge that the company would be entitled to the advantage of Notification No. 15/83, dated February 11, 1983. We declined permission to the learned Counsel to raise such contention because neither in the petition nor before the learned Single Judge, there is a whisper of the claim arising out of Notification No. 15/83. It is not permissible for the appellants to raise fresh contention for the first time during the hearing of the appeal and take the learned Counsel for the Department by surprise. Shri Bulchandani, learned Counsel for the department submitted that the appellants are not entitled to any advantage even of the Notification No. 15/83. In our judgment, the appeal is without any merit and is required to be dismissed. 7.Accordingly, appeal fails and is dismissed with costs.
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1992 (7) TMI 90 - HIGH COURT OF GUJARAT
S.S.I. Exemption - Brand name ... ... ... ... ..... of the Notification and the benefit to one class was withdrawn while retaining it in favour of the other. Therefore, the Court held that clause (a) of proviso 3 of the impugned Notification was ultra vires. The judgment would have no bearing in the present case. As discussed above, the classification by the Notification No. 223 of 1987 is based upon reasonable criteria. It denies benefit of small scale exemptions in respect of specified goods utilised with the brand name/trade name of a person who is not eligible for exemption under Notification No. 175 of 1986 dated 1st March, 1986. The object is to give benefit to small scale manufacturer. Total exemption or concessional rate of excise duty is provided on the basis of value of manufacturers clearances during a financial year. 11.Hence there is no substance in this petition and it deserves to be rejected. 12.In the result, the petition is rejected. Rule discharged with no order as to costs. Ad interim relief stands vacated.
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1992 (7) TMI 89 - SUPREME COURT
Conviction and sentence under S. 135 of the Customs Act - Held that:- The evidence in the present case discloses that all the wrist watches are having foreign marks. The customs officers taking into consideration the various impelling circumstances appearing in the case, have arrived at the conclusion on a reasonable belief that these goods are smuggled goods. As rightly pointed out by the learned Addl. Solicitor General, the respondents from whom these contrabands were seized have not satisfactorily discharged the burden of proof cast upon them as required by S. 123 of the Customs Act that they are not sumggled goods. No compunction in coming to the conclusion that the prosecution has established its case. Hence we are unable to agree with the reasons given by the High Court. In the result we set aside the judgment of the High Court and restore the judgment of the trial court as confirmed by the appellate court so far as the conviction is concerned.
Having regard to the above submission to the question of sentence that the learned counsel appearing for the respondents after stating that the offence took place in 1973; that both the respondents have suffered the imprisonment for some period and that the value of the contrabands seized from the 1st respondent was at ₹ 2,590/- and the value of the wrist watches seized from the 2nd respondent was ₹ 925/-, prayed for lenient sentence, we while confirming the conviction under S. 135 of the Customs Act modify the sentence of imprisonment to the period already undergone but retain the fine amount of ₹ 2,000/- imposed on each of the respondents by the courts below. The appeal is allowed.
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1992 (7) TMI 88 - HIGH COURT OF JUDICATURE AT ALLAHABAD
Natural justice - Adjudication - Writ jurisdiction - Stay/Dispensation of pre-deposit ... ... ... ... ..... rcumstances of the case and the material on record that the Tribunal passed the impugned order directing the petitioner to deposit a sum of Rs. 80,000/-and thus granting the application of the petitioner for stay-cum-waiver in part. 8. Learned Counsel for the petitioner then urged that by the order dated llth June, 1992, the petitioner was required to make the requisite deposit within two weeks from the date the review order was passed, but that order itself was received by the petitioner on 6th of July, 1992, making it impossible for the petitioner to make the payment within the time granted by the Tribunal. Taking the last submission into consideration, we consider it appropriate and in the interest of justice to direct that if the petitioner makes the payment within one month from the date of this order, as requested by the learned Counsel for the petitione, the same may be accepted having been made in time. 9. Subject to the above, the writ petition is rejected in limine.
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1992 (7) TMI 87 - HIGH COURT OF KARNATAKA AT BANGALORE
Demand for extended period of five years - Jurisdiction - Show cause notice - Amendment thereto
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1992 (7) TMI 86 - HIGH COURT AT CALCUTTA
Confiscation of conveyance ... ... ... ... ..... notice was served upon Jewan Mal Jangid, Accountant. The notice was not addressed to the petitioner company. The Accountant of the company is not the owner of the motor vehicle. 4. That apart, there is no averment that the Accountant is the duly authorised agent of the petitioner company to receive the notice. 5. Therefore, on the basis of this show cause notice, the Customs Department is not entitled to proceed against the petitioner company. As such, there will be an order, as prayed, in terms, of prayer (a) of the petition and the vehicle must be returned by the Customs authority within a period of 3 weeks from date. I make it clear that this order will not prevent the Customs authorities from proceeding in accordance with law and taking appropriate measure open to them in accordance with law against the petitioner. There will be no order as to costs. 6. All parties are to act on a signed copy of the minutes of the operative part of this judgment on the usual undertaking.
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1992 (7) TMI 85 - HIGH COURT AT CALCUTTA
Dutiability ... ... ... ... ..... rising and re-lining of old and used rollers would not amount to manufacture both before and after March 14, 1986. 6. In the instant case also I see no reason why law should be different before and after the notification issued by the Government of India dated 16th December, 1991. 7. Accordingly, there will be order in terms of prayer (a) of the petition. All interim orders, if any are vacated. 8. If the petitioner has deposited any amount pursuant to the interim order passed by this Court on March 20,1991 in respect of the ultramarine blue in small packets the petitioner will be entitled to withdraw the said amount. It has been stated on behalf of the petitioner that certain amounts have already been deposited with the UCO Bank, Burrabazar Branch. There will be no order as to costs. Prayer for stay of this order made on behalf of the respondents is refused. All parties including the Bank shall act on a signed copy of the operative part of this order on the usual undertaking.
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