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Case Laws
Showing 121 to 140 of 304 Records
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1993 (3) TMI 213 - CEGAT, MADRAS
Stay/Dispensation of pre-deposit ... ... ... ... ..... ce sheet as advance and deposits. We also take into account the admitted fact that the petitioner unit made a profit of about Rs. 13.9 lakhs after setting apart a substantial amount of Rs. 25 lakhs towards depreciation. We also take note of the fact that as per the provisional balance sheet for the period 1-4-1992 to 31-10-1992 the liquidity position of the petitioner is not satisfactory and the unit has to discharge debt liability to the tune of about Rs. 40 lakhs to the banks. We also take note of the fact that as on 31-10-1992 Rs. 1.55 crores are due to the petitioner from Sundry debtors. Keeping all these facts in mind, we direct the petitioner to pre-deposit a sum of Rs. 20 lakhs (Rs. Twenty lakhs) on or before 31st May, 1993 and report compliance subject to which pre-deposit of the balance duty and the entire penalty on petitioner CLW and petitioner Nataraj Prabhu would stand dispensed with pending appeal. The matter will be called on 31-5-1993 for reporting compliance.
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1993 (3) TMI 212 - CEGAT, NEW DELHI
Reference to High Court ... ... ... ... ..... e to a decision of the full Bench of the Madras High Court in Roshan Beevi v. Joint Secretary to the Govt. of Tamil Nadu, Public Deptt. etc. 1983 Law Weekly (Crl.) 289 1984 (15) E.L.T. 289 to which one of us (S. Ratnavel Pandian, J.) was a party. rdquo (Emphasis supplied) The guidelines on the subject are clear from the above. We observe that the learned Collector has recorded reasons why he did not accept the retraction of Shri Umesh Chand Goyal so the Tribunal has done in paragraphs 6 and 16 and 17 of its order. While accepting the incriminating nature of the statement, so far as Shri Umesh Chand Goyal was himself concerned, the Tribunal has merely stated the legal position so far as evidentiary value of his statement against his father is concerned. In view of the above, law on the subject is succinctly stated in paragraph 33 extracted above and there is no question of law arises which needs a further reference on the subject. Reference applications are therefore rejected.
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1993 (3) TMI 211 - CEGAT, NEW DELHI
Valuation - Related persons ... ... ... ... ..... e of control manufactured after the first production run. Thereafter, such quality control by Trafag is to be carried out at annual intervals or at times mutually agreed upon. Trafag also has a right to check the controls manufactured by the licensee. Provisions like the obligation to advertise as a measure of sales promotion, offer servicing and maintenance facilities, indication of the fact of manufacture under licence of Trafag AG etc. are intended to take care of the quality of the product and sales promotion. We do not, therefore, think that the provision referred to by the learned JCDR amounts to exercising any operational or legal control over the appellant company. 14. In view of the foregoing, we do not think that this is either a case of mutuality of interest or the price of the goods imported by the appellants from their Swiss collaborators has been influenced by any extra-commercial considerations. We, therefore, set aside the impugned orders and allow the appeal.
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1993 (3) TMI 210 - CEGAT, NEW DELHI
Natural Justice - Classification of goods ... ... ... ... ..... ed that the contention of the importer that Heading No. 87.04,06(1) of the CTA, was not mentioned in the Show Cause Notice and, therefore, the imported goods cannot be classified under the said Heading has no force for, from the Show Cause Notice it appears that the appellants claimed the clearance of the goods also under licence dated 21-1-1988 which was not found valid to cover the Motor Vehicle parts, since the said licence was for importing spares of machinery and instrument. All these facts were mentioned in the Show Cause Notice. During the adjudication proceedings also/the importer pleaded that the import was covered under the said licence because the imported goods are classifiable under Heading 84.63. Under these circumstances, the Department had to decide the controversy raised by the appellants. This is not the case here, as aforesaid. 12. In the result, both the impugned Orders are set aside and the appeals are allowed by remand, as proposed by my learned brother.
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1993 (3) TMI 209 - CEGAT, NEW DELHI
Import - OGL ... ... ... ... ..... larifications are available on the record, the Adjudicating Authority would keep in mind that the interpretation given by CCI and E would prevail over any other clarification given by any other authority and person in the same matter. In other words, I am not in agreement with my learned Technical Member that the interpretation given by the CCI and E would be binding on the Adjudicating Authority in all matters irrespective of other facts arid circumstances of the case. Since in the present case there is no evidence on record to the contrary, I am inclined to hold that the product imported by the appellants herein is covered by the terms of the licence relied by them. Since I have held that the subject imports are covered by the Import Licence in this case I do not feel call upon to consider the other contention raised by the learned Counsel before us. In the result, the impugned order is set aside and the appeal is allowed with consequential relief to the appellants, if any.
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1993 (3) TMI 208 - CEGAT, NEW DELHI
Adjudication Order ... ... ... ... ..... r, said that he has no objection to remand the matter since the contention raised by the appellants with reference to the time-barring issue was not dealt with by the Collector and no specific findings were given. 7. On going through the impugned order and on hearing the submissions made by both sides with reference to the facts of the case, we concur with the arguments advanced by the appellants rsquo counsel that the impugned order is not a speaking order inasmuch as the contentions raised by the appellants were not dealt with and specific findings not given by the Collector with reference to the specific issues as can be seen in his findings. Under these circumstances, we have no alternative but to remand the matter with direction to pass a speaking order after taking into consideration all the contentions raised by the appellants and to pass an appropriate order in accordance with law after giving an opportunity to the appellants. 8. Thus, the appeal is allowed by remand.
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1993 (3) TMI 207 - CEGAT, BOMBAY
MODVAT Credit ... ... ... ... ..... have taken the credit or not, the appellants have procured the certificate from the jurisdictional Supdt. of Central Excise, to the effect that no credit is taken at that level. There does not appear any dispute over the plea that the purchases by M/s. Jyoti Structures were open market purchase and the department has failed to adduce any evidence or to carry out any investigation that the inputs were not the open market purchases but were purchased from some manufacturer who have not paid the duty. As such, it cannot be held that the items were clearly recognisable as non-duty paid or chargeable to nil rate of duty. 6. In view of this, it cannot be said that the appellants have availed of the credit which was not admissible to them. The demand raised is therefore not sustainable, and has to be set aside. 7. In the result, the appeal is allowed, and orders of the authorities below are set aside and the demand is ordered to be dropped. Consequential reliefs, if any, to follow.
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1993 (3) TMI 206 - HIGH COURT BOMBAY
Import Licence - Revalidation thereof ... ... ... ... ..... ed that the licence was granted in July 1986 on certain conditions. It hardly requires to be stated that revalidation will also be on the same condition. Shri Lokur very frankly stated that the revalidation is not going to cause any prejudice to the respondents, nor it will confer any additional benefit on the petitioners. In these circumstances, it is necessary to direct the respondents to revalidate the licence with a view to maintain the principles of justice and to ensure that the Departments of the respondents do not create problems for no reason in the relief sought by the petitioners. 6, Accordingly, petition succeeds and the respondents are directed to revalidate supplementary licence No. P/A/1468756 dated July 16,1986 for c.i.f. value of Rs. 50 Lacs in favour of the petitioners for a period of 12 months from the date of revalidation. The respondents shall pass the order of revalidation within four weeks from today. The respondents shall pay the costs of the petition.
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1993 (3) TMI 205 - CEGAT, BOMBAY
Manufacture - Durability ... ... ... ... ..... ed in the Central Excise Tariff with effect from 1-3-1975 and it has come within the excise not only with effect from that date. The provisions prevailing earlier cannot justify the conclusion that the flat yarn and crimped yarn are the same commodity. Accordingly, we find that none of the contentions advanced by the appellants is acceptable. Before we conclude, we would like to deal with the stay already granted vide our Order S.P. (Bom.) Appeal No. 24/1982 dated 31-1-1983. In that order we had observed that even though the demand of duty as mentioned in the letter dated 31-11-1982 of the Superintendent of Central Excise, Pune was not the subject matter of the present appeal filed by M/s. Garware Nylons Ltd., we agreed to the stay of recovery so demanded mainly on the ground that earlier also the Appellate Collector of Central Excise had granted the stay. Since now we are rejecting the appeal, which we so order the stay order will also stand terminated with immediate effect.
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1993 (3) TMI 204 - CEGAT, NEW DELHI
Stay/Dispensation of prior deposit ... ... ... ... ..... and the depredation the net profit comes to Rs. 19 lakhs (approx.). We have also gone through the documents on which the appellants have placed reliance as to the single processed clearances. Keeping in view the totality of the facts and circumstances of the case and the gravity of the offence, and the liquidity position of the applicant, we are of the view that if the applicants are desired to deposit the full duty amount of Rs. 6,73,424.70 and penalty of Rs. 5 lakhs, it will amount to undue hardship. We are of the view that ends of the justice will be met if the applicants deposit Rs. 5 lakhs in cash within 3 months from the date of the receipt of this Order. It is further ordered that during the pendency of the appeal, the revenue authorities shall not pursue any recovery proceedings for the balance duty amount as well as penalty amount of Rs. 5 lakhs. In case the applicant fails to comply with the directions of this Order, the Stay Order shall stand automatically vacated.
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1993 (3) TMI 203 - CEGAT, NEW DELHI
Stay application by Revenue ... ... ... ... ..... roper cases to make such orders for staying proceeding as will prevent the appeal if successful from being rendered nugatory. rdquo In the present matter, there is no entitlement of refund as the respondent has not paid any amount. We are of the view that the facts and circumstances of the case do not justify the exercise of inherent power too in this case. In view of the above observations, we are of the view that the stay application filed by the revenue is not maintainable and as such, we are not touching the merits of the stay application, which were argued by the learned Departmental Representative. Shri Bagaria, the learned advocate during the course of arguments had also mentioned that there is substantial case law on the subject in favour of the respondent. Since we are rejecting the stay application on the preliminary ground of maintainability, we are not touching me merits of the matter advanced by both the sides. 4. In the result, the stay application is dismissed.
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1993 (3) TMI 202 - CEGAT, NEW DELHI
Synthetic Hard Waste ... ... ... ... ..... luation for soft waste as given by the supplier will also be a factor for concluding the bona fides of the appellants in the matter. In such a context the ratio of the Tribunal decision in the case of Amarson Woollen Mills v. Collector of Customs, New Delhi (supra), in its Order No. C/521/91-D, dated 26-12-1991 reported in 1992 (61) E.L.T. 756 (Tri.), becomes relevant wherein the Tribunal found in a similar case of disputed classification of imported goods as hard waste and soft waste wherein the Department had also relied upon the Chemical Examiner rsquo s Test Report on a sample from the consignment, the Tribunal had been inclined to extend the benefit of doubt to the appellants therein in the absence of proof regarding commercial understanding based on market enquiry. In the present case also, it is felt, for the reasons already set out above, that there is sufficient scope for extending the benefit of doubt to the appellants herein and on this basis the appeal is allowed.
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1993 (3) TMI 201 - ITAT PUNE
Valuation Of Assets ... ... ... ... ..... heet. Thus, prior to completion of the production of film and certification by the Film Board of Censors for the purpose of release and exploitation of such film, the only criterion for valuing the incomplete production of film is the cost of production as per Income-tax assessment, that is the book value shown in the balance sheet, as was rightly adopted by the Assessing Officer and rightly confirmed by the Dy. CWT(A). It is Just like cost of construction of building before its completion. Since the question of marketability of an incomplete film or incomplete building does not arise, the question of determining the market value in such a case also does not arise, as vehemently contained by the learned counsel for the assessee. In the facts and circumstances of the case, the orders passed by the Dy. CWT(A) are unexceptionable and therefore, we uphold the orders of the Dy. CWT(A) and reject the common ground taken by the assessee. 12. In the result, the appeals are dismissed.
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1993 (3) TMI 198 - ITAT PUNE
Sale Proceeds ... ... ... ... ..... Despite this, the assessee has taken various grounds of appeal and advanced various contentions just for its own sake and therefore, they have no merit except that relating to discount allowed. 31. In view of the aforesaid reasons, we agree with the reasons and conclusion of the Commissioner (Appeals) in respect of rent from shops, offices, banks etc., supplies made to Indian Airlines flight kitchen and service charges collected. However, we do not agree with the decision of the Commissioner (Appeals) in respect of discount allowed to the customers at the time of settlement of bill and consequently, we modify the order of the Commissioner (Appeals) and direct the Assessing Officer to allow deduction for discount actually allowed at the time of settlement of bills as the net bill would represent the net expenditure incurred by the customers and the liability to expenditure tax would attract with reference to the net bill only. 32. In the result, the appeals are partly allowed
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1993 (3) TMI 197 - ITAT PUNE
A Firm, Assessing Officer, Bona Fide, Cash Basis, Change In Method, Dissolution Of Firm, Market Value, Partnership Firm, Set Off, Written Down Value
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1993 (3) TMI 196 - ITAT PUNE
Assessing Officer, Bona Fide ... ... ... ... ..... e first year in which mischief of section 44AB has been attracted. Therefore, in all fairness, the alternative plea taken by the assessee ought to have been allowed and the assessee would have been enabled to get accounts audited as required by law. This was rejected by the Assessing Officer simply on the ground that the assessee was required to get books audited as provided under section 44AB before the specified date and submit the same alongwith the return of income. Since there was only a venial breach or a technical default which, in the facts and circumstances stated above, amounted to a reasonable cause or sufficient cause, though it is not specifically provided for in section 44B, nonetheless, it can be imported in the statute penalising the assessee for such default. In this view of the matter, therefore, we agree with the CIT (Appeals) and consequently, uphold his order cancelling the penalty levied by the Assessing Officer. 9. In the result, the appeal is dismissed
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1993 (3) TMI 195 - ITAT PUNE
Export Business ... ... ... ... ..... ls in US does not mean that there is export of goods or merchandise. The sale to UNICEF at New Delhi cannot be treated as an export turnover. The order was placed in US and bills were issued in US but the assessee firm actually did not receive the US and what was received by it was the equivalent Indian currency. This does not amount that the assessee brought US into India. Going one step further by considering the legal provisions of (THE) United Nations (Privileges and Immunities) Act, 1947, it is difficult to come to a conclusion that the sales effected by the assessee are export business. Giving protection to the assets, office premises and the officers does not mean the said provisions are applicable for sales effected within India nor the said provisions can help to treat the sales as export turnover. In this view of the matter, we are of the opinion that the view held by the CIT (Appeals) is not correct. 16. In the result, the revenue succeeds and the appeal is allowed
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1993 (3) TMI 194 - ITAT PUNE
Agricultural Land, Assessing Officer, Audit Objection, Guest House, Net Wealth, Original Assessment, Point Of Law, Reopening Assessment
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1993 (3) TMI 185 - ITAT PATNA
Charitable Or Religious Trust, Withdrawal Of Exemption, Exemption Of Income From Property Held Under
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1993 (3) TMI 182 - ITAT PATNA
A Partner, Application For Registration, Partnership Deed ... ... ... ... ..... on ble High Court in Lakshmi Enterprises case that the imposition of penalty contravening section 269SS is discretionary and if it is misconception of law no penalty should be levied as stated by the Apex Court in Motilal Padampat Sugar Mills Co. Ltd. s case. But none of these is applicable in the present situation. In my view the submission of misconception cannot be reasonable cause in this case, when the section has no ambiguity, and, when there is no reasonable cause, as such, the rulings of Lakshmi Enterprises case does not apply. The penalty, therefore, levied is confirmed except in respect of Rs. 9,160. Before I end I must say that it is highly desirable that the CBDT for purposive interpretation of section 269SS should issue instructions in absence of authority to issue prescribed Circular like in section 40A(3) in quelling situations where this section is mutuable it would result in rationally fruition of section 269SS. 6. In the result, the appeal is partly allowed.
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