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Case Laws
Showing 141 to 160 of 227 Records
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1995 (5) TMI 100 - CEGAT, NEW DELHI
Classification ... ... ... ... ..... s to be accepted. As for the contention which found acceptance with the Collector (Appeals) that Heading 96.06 also covers buttons for footwears etc., the perusal of the HSN Explanatory Notes under that heading shows that this observation occurs in respect of what has described as pierced and shank buttons and it has stated that these may be of various sizes and shapes according to the purpose for which they are to be used (underwear, outer garments, footwear etc.). Therefore to fall within this category, it will have to be established by evidence that what has been imported is of the category of Pierced and shank buttons. There is no such evidence brought on record. In such a view of the matter, we are inclined to hold that the magnetic buttons imported by the respondents herein would be more appropriately classifiable under Heading 83.08 and not under Heading 96.06 CTA. In this view of the matter, the impugned order is set aside and the Department rsquo s appeal is allowed.
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1995 (5) TMI 99 - CEGAT, MADRAS
Refund - Unjust enrichment ... ... ... ... ..... ct of the inputs lying in stock. It is observed that the learned lower authorities have dealt with the issue in the context of the goods which were cleared free of duty and not in the context of the inputs lying in stock. The learned lower authorities should have taken note of the earlier orders of refund, the order of the Asstt. Collector in regard to adjustment of duty and the earlier order of the learned Collector (Appeals) setting aside the order of demand and then gone into the question of unjust enrichment. This having been not done, I hold that the learned lower appellate authority rsquo s order cannot be said to be a proper order and has to be set aside. In view of the above, the order of the learned lower appellate authority is set aside and the matter remanded for adjudication afresh to the learned lower appellate authority in the light of the above observations after affording the appellants a reasonable opportunity of being heard. Appeal is thus allowed by remand.
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1995 (5) TMI 98 - SUPREME COURT
Whether the product `Selenium Sulfide Lotion U.S.P.’ - “Selsun” is classifiable as `medicine’ under sub-heading 3003.19 as contended by the appellant or is classifiable as `cosmetic’ under sub-heading 3305.90 as claimed by the respondent?
Held that:- On a perusal of the entire material we are satisfied that the product in question, having regard to the preparation, label, literature, character, common and commercial parlance understanding and the earlier decisions of the Central Board of Excise and Customs, would fall under sub-heading 3003.19 and there is no justifiable reason for changing the classification. As we have reached the above conclusion with reference to the materials placed before us on facts, we do not think it necessary to go into other decisions cited at the Bar. In the result the appeals are allowed holding that the product `Selsun’ will fall under Tariff Item 3003.19. In favour of assessee.
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1995 (5) TMI 97 - ITAT PUNE
For Late Filing Of Return ... ... ... ... ..... hat the said decision was inapplicable to the penalty provisions under section 271 of the Act. I am therefore, of the considered view that the view taken by the learned Accountant Member is correct on facts and in law. I therefore, agree with the order of the learned Accountant Member. 16. In my view, the issue need not be referred to the Tribunal again. Both the learned Judicial Member and the learned Accountant Member have considered sub-section (2) of section 271 of the Act. The learned Judicial Member was of the view that the tax paid or deducted at source was far in excess than the assessed tax. For coming to this conclusion, the learned Judicial Member had the provisions of section 271(2) in mind. It therefore, cannot be said that the said provisions were not considered by him. I therefore, find no merit in the contention of the learned counsel. 17. In these circumstances, the matter may now be placed before the Hon ble Bench for appropriate action. I order accordingly.
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1995 (5) TMI 94 - ITAT PUNE
Backward Area, Deductions In Respect, Factory Building, New Industrial Undertaking, Plant And Machinery
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1995 (5) TMI 93 - ITAT PUNE
Motor Vehicles, Road Transport Vehicle ... ... ... ... ..... r expression. Whereas in section 32AB(4)(c) the expression used is road transport vehicles the term used in section 2(33) of the Motor Vehicles Act is transport vehicles. Thus, the definition given in section 2(33) of the Motor Vehicles Act cannot be utilised for the purposes of Income-tax Act for this reason also. As regards the judgment of the Calcutta High Court in Orissa Minerals Dev. Co. Ltd s case, we find that it hardly offers any material assistance to the assessee in the present case before us. 7. Keeping in view the above pronouncements of various courts and the discussion thereof made by us, we hold that a motor car falls within the ambit of clause (c) of sub-section (4) of section 32AB for the reason that it is a road transport vehicle . Therefore, any amount utilised for the purchase of a motor car will not be entitled to deduction under section 32AB. In this view of the matter, this appeal by the deparment is entitled to succeed. We accordingly allow the appeal.
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1995 (5) TMI 88 - ITAT MADRAS-D
Application For Extension, Applied To, Assessee's Appeal, Assessing Officer, Carry Forward And Set Off
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1995 (5) TMI 86 - ITAT MADRAS-B
Assessing Officer, Notice Of Penalty, Penalty For Concealment ... ... ... ... ..... the rigour of law contained in the deeming provisions of Explanation 5 to section 271(1)(c) and therefore beneficial interpretation even if there could be two interpretations on this point, should be given in favour of the assessee as ruled by the Supreme Court in the case of CIT v. Vegetable Products Ltd. 1973 88 ITR 192. The case laws relied upon by the ld. Departmental Representative were referred to by the ld. counsel for the assessee in his written submission and distinguished them on facts. 10. The decision of the Tribunal for earlier assessment year 1984-85 in assessee s own case was distinguished by the ld. counsel for the assessee on facts, in the written statement filed on 7-12-1984. In view of these facts and circumstances of the case, we entirely agree with the reasons and conclusion drawn by the CIT (Appeals) and consequently, we uphold the order of the CIT (Appeals) cancelling the penalty imposed by the Assessing Officer. 11. In the result, appeal is dismissed.
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1995 (5) TMI 85 - ITAT MADRAS-B
Additional Tax, Assessing Officer, Rate Purpose, Registered Firm, Share Income ... ... ... ... ..... tract tax and additional tax the amount should be brought within the taxability of income to be included. In view of the above, we hold that the additional tax is not attracted in the present case on account of inclusion of share from the registered firms to the assessees income. 11. Regarding the manner of computation of tax on the non-resident the provisions of section 182(3) are clear. It makes eminently clear that the right or rights that would be applicable would be those if it were assessed on him personally. Thus the income is required to be included for tax purposes for the purpose of computation of tax payable by the assessees and that portion of tax which relates to the share from the firms would need to be demanded from the firms. This can be done by the Assessing Officer. Obviously while making such demand from the firms the Assessing Officer will give credit for the tax paid by these firms. 12. For statistical purposes, the appeals are treated as allowed in part.
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1995 (5) TMI 80 - ITAT JAIPUR
... ...
... ... ..... regard the AO had disallowed Rs. 7,000 considering personal use as well as expenses on residential telephone. The learned CIT(A), however, restricted the disallowance only to those which pertained to the residential phone. 12. In this connection, the contention of the learned counsel was that the impugned expenses pertained to overseas calls made for business purposes. It was submitted that overseas calls were made from the residential telephone as the assessee had no such facility at the business place. The details of such calls are also placed on record. 13. Besides the absence of overseas call facility at the business place, it is quite common for exporters to make overseas calls at night from the residence on account of different time zones also. Hence, there appears to be no reason to disbelieve the version of the assessee. The ground of the assessee is accordingly upheld and it is directed that Rs. 2,671 be allowed as deduction. 14. In the result, the appeal is allowed.
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1995 (5) TMI 78 - ITAT JAIPUR
... ...
... ... ..... tenancy rights was nil and the yearly rent paid was merely for using those rights. This principle has been well enunciated by the Hon ble Karnataka High Court in the case of CIT vs. Jay Ice-cream (Bang.) Pvt. Ltd. (1993) 109 CTR (Kar) 33 (1993) 201 ITR 894 (Kar). 17. Further, it has been held in innumerable decisions, including that of the Supreme Court in the case of B.C. Srinivasa Setty (1981) 21 CTR (SC) 138 (1981) 128 ITR 294 (SC) that in computing the capital gains, it is a condition first to determine the cost of acquiring the asset transferred. Where such determination fails, there can be no capital gains. 18. In the instant case also, there is no cost of acquiring the leasehold rights and, hence, the computation of capital gains fails. We, therefore, cancel the order of the learned CIT(A) on this aspect and hold that no capital gains accrued to the assessee on surrender of its leasehold rights over the land in question. 19. In the result, the appeal is partly allowed.
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1995 (5) TMI 76 - ITAT JAIPUR
Wealth Tax Act ... ... ... ... ..... , archaeological , scientific , art collection , manuscript . All these terms convey meaning quite different from those of the terms like tools and instruments used in the language of clause (x) of section 5(1). The law books in the library of a lawyer are closer in meaning and use to the words like archaeological, scientific or art collections than the words tools and instruments . The proper provision of section 5(1) to be applied for grant of exemption to a lawyer in respect to the value of the books belonging to him on a relevant valuation date is clause (xii) and not clause (x). We think, we get support to our views from the Allahabad High Court decision cited. 10. In view of the above discussion, we hold that the ld. DC(A) has rightly allowed exemption under section 5(1)(xii) to the assessee in this case in respect to the books belonging to him as on the relevant valuation dates. The appeals have thus no force and have to be dismissed. 11. All the appeals are dismissed
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1995 (5) TMI 75 - ITAT INDORE
... ...
... ... ..... ten become obsolete and the value of the outdated models goes down. There is also ample force in the contention that as soon as the machine is purchased, it becomes secondhand and in case the same is sought to be sold, the same day, it would not fetch the same price. Taking these facts into consideration, we are of the opinion that the method employed by the DVO for determining the value of the plant and machinery is not appropriate. However, the necessary details had been furnished by the assessee and they were before the first appellate authority. This being so, we are of the opinion that the first appellate authority instead of setting aside the matter to the Assessing Officer should have decided the appeals on merits. We, therefore, set aside the orders of the Dy. CWT(A) and restore the matter to his file for rehearing and disposal in accordance with law and in the light of the observations made above. 15. For statistical purposes, the appeals would be treated as allowed.
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1995 (5) TMI 74 - ITAT INDORE
... ...
... ... ..... (Acquisition). In case the AO wanted to rely on the said valuation report of the Government Valuer for the purposes of GT proceedings before him, he should have supplied a copy of the report to the assessee to make the effective representation before him. It is not forthcoming from the assessment order that the AO had supplied a copy of the Government Valuer s report to the assessee, he had also not recorded any reason as to why he considered the fair market value as reflected in the said report as correct. The Revenue has also not been able to controvert the stand of the assessee that there was no relationship between the assessee transferor and the transferees. No material has also been brought on record to give an inkling that the transaction was not bona fide and/or there was any attempt to evade taxes. For these reasons, we are unable to take a view different from that of the CGT(A). Accordingly, we reject the Revenue s appeal. 7. In the result, the appeal is dismissed.
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1995 (5) TMI 73 - ITAT INDORE
... ...
... ... ..... accounts and after discussion with the assessee s representatives. We find that the relevant details were furnished to the AO along with the assessee s reply dt. 15th Feb., 1988. In our opinion, merely because the AO has not meticulously dealt with the issue of commission payment and genuineness of the credit entries while completing the assessment, it cannot be said that there was no application of mind by him to the facts and details before him. Mere non-mention of certain facts should not be taken as omission on the part of the AO. It is quite possible that because of subjective satisfaction the detailed discussion might not have been needed in the light of the documents and material on record. In this view of the matter we hold that the CIT was in error in exercising his revisionary powers under s. 263 of the Act and as the conditions precedent for exercising such jurisdiction did not exist. We, therefore, quash the impugned order. 5. In the result, the appeal is allowed.
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1995 (5) TMI 72 - ITAT INDORE
... ...
... ... ..... re as advertisement and publicity. By giving rewards to the selling agents to motivate them for performance is not anything that publicises the assessee s commodity. 16. It may be stated that the decision in the case of Smith Kline and French (India) Ltd. vs. CIT relied on by the learned Departmental Representative is distinguishable on facts. In that case, the assessee was manufacturer of drugs. It had incurred expenditure on physicians samples. It was held by the Hon ble Karnataka High Court that expenditure on distribution of physicians samples amounted to expenditure on advertisement and sales promotion. In the case before us, the assessee gave growth incentive to its stockists by way of allowing discount on cost of goods purchased by them beyond his fixed target. Such an expenditure cannot be treated as sales promotion expenses. In this view of the matter, we do not find any merit in the Revenue s appeal, which fails. 17. In the result, the Revenue s appeal is dismissed.
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1995 (5) TMI 71 - ITAT INDORE
... ...
... ... ..... of Rs. 38,000 only would be allowed in assessment. We are inclined to agree with the submissions made by Shri Jain, the learned counsel for the assessee, that the penalty order does not speak that the assessee had preferred bogus claim and the provisions were made only with a view to avoid payment of proper advance tax. In our considered view disallowance of certain expenses claimed by the assessee cannot be made basis for levy of penalty on the ground that the assessee should have visualised such disallowance at the time of filing advance tax estimate. Moreover, the assessee cannot be visited with penalty on the ground that no appeal was preferred against the disallowance made in the assessment. We are, therefore, of the view that it is not a fit case for imposition of the impugned penalty. Since we are holding that no penalty is leviable, we refrain ourselves from dealing with the argument about the manner of calculation of penalty. 6. In the result, the appeal is allowed.
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1995 (5) TMI 70 - ITAT HYDERABAD
Central Government ... ... ... ... ..... he Consolidated Fund of India in the first place, and then the Central Government may make payments out of it, after deducting expenses on collection, to the Board from time to time, the agricultural market cess directly vests with the market committee which applies the same for the purposes and objects, for which it was constituted. In this view of the matter, the said decision had no application to the facts of the case on hand. 9. Considering the totality of facts and circumstances of the case and nature of the cess on oils in the light ot the provisions of the Vegetable Oils Cess Act, 1983, we are inclined to agree with the view taken by the authorities below that it is in the nature of excise duty, and as such, it is liable to be disallowed under section 43B of the I.T.Act. Consequently, we uphold the disallowance made by the Assessing Officer, and reject the ground of the assessee in this behalf. 10 to 13. These paras are not reproduce here as they involve minor issues.
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1995 (5) TMI 69 - ITAT DELHI-E
Assessing Officer, Assessment Order, Assessment Proceedings, Assessment Year, Company In Which Public Are Substantially Interested, Reassessment Proceedings, Revised Returns
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1995 (5) TMI 68 - ITAT DELHI-C
... ...
... ... ..... The addition is accordingly deleted. 8. The learned counsel argued that the provisions of s. 144B not having been complied with in this case, therefore, the assessment made is bad in law. This contention of the assessee is not well founded. The AO has framed the assessment in accordance with directions of the appellate authority. At the time of making the fresh assessment, s. 144B was not on the statute book, the same having been omitted by the Direct Tax Laws (Amendment) Act, 1987 w.e.f.1st April, 1989. The said section being procedural in nature not having been on the statute book when the fresh assessment was made, it was not necessary for the AO to follow the procedure as provided under s. 144B. This contention of the assessee is accordingly dismissed. 9. In view of the addition of Rs. 10 lakhs having been deleted as above, it is not necessary for us to deal with the other contentions raised before us relating to the addition. 10. In the result, appeal is partly allowed.
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