Court : Income Tax Appellate Tribunal ITAT Madras
Reported in : (1991)36ITD1a(Mad.)
..... went up due to the opening of new tv stations. the company sold a total of 50,460 including 15,926 colour sets compared to 29,474 sets sold during 1983. correspondingly, the turnover figures also showed an upward trend, the sales turnover for 1984 reaching rs. 17.92 crores as against rs. 6 ..... machinery corporation ltd. (supra). at pages 204 and 205 of the reports, the supreme court held as follows while construing the provisions of section 15c of the old act:- section 15c partially exempts from tax a new industrial unit which is separate physically from the old one, the capital of which and the profits thereon ..... and machinery used for the manufacture of black and white television sets. he also explained the manufacturing process for ctv with reference to the production flow chart at page 14 of the paper book no. 6. this statement seems to be supported by the fact that during the year under appeal, the ..... 1985-86. we are enclosing a copy of the same for your reference.118. the appellant has also placed before us a colour television production flow chart at page of paper book no. 6 with photographs of the central signal supply system for both black & white tvs and for colour tvs. these ..... a screw driver technology and that no attempt has been made to justify this contention of the department. the learned counsel relied on the flow chart of the production and the list of machineries that are required for production of ctv sets and pointed out that the appellant could manufacture ctv and .....Tag this Judgment!
Court : Mumbai Nagpur
..... there would be a minimum difference of rs.-5994/- to -4498/- rupees between the wages drawn by the workmen of the said two companies. the said comparative charts are reproduced herein under :- lowest grade (t-0 of hul and grade i a of nestle) nestle hill differenc % salary of difference e rupees differenc ..... for the next four years where after the position can be reviewed as to whether any increase is called for. in so far as the comparative charts on which the union relies upon are concerned, it is contended 2807wp2157.11.odt 9/35 by the hul that the comparison must be done ..... was obtaining on 01/06/2004 has been drastically wiped out to the extent of 43.70%. iii) the union sought to compare the corresponding wages of workmen in the comparable lowest grade and highest grade in the hul with mahindra and mahindra in nagpur, tata motors limited in pune, hindustan petroleum corporation ..... region in the state having similar economic conditions." in so far as the indian hume pipe company's case is concerned, an engineering company was compared with a pharmaceutical company, the relevant excerpt from paragraph no. 38 is reproduced herein under - "the only grievance that the respondent's counsel can ..... the conclusion reached by the appellate tribunal that there is no bar for entertaining an application for interim relief in a reference under section 73a of the bombay industrial relations act cannot be faulted with. ii) now comes the question of the demand of rs.3,500/- per month made by the union .....Tag this Judgment!
Court : Delhi
..... decision to exclude the data relating to infosys. one of the reasons was that the said company was a giant corporation and was involved in multifarious activities. after reproducing the comparative chart and noticing the facts, the court reasoned as follows:6. learned counsel for the revenue has submitted that the tribunal after recording the aforesaid table has not affirmed or ..... material differences to whether ita4142018 and ita7172018 page 5 of 7 between the assessee and the said entity can be eliminated. unless such differences cannot be eliminated, included as a comparable. the entity should be 7. the court notes that there is a discussion in chrys capital investment advisors india (p.) ltd. (supra) of the decision in agnity india technologies ..... revenue refers to the subsequent decision of this court in chrys capital investment advisors india (p.) ltd. v. deputy commissioner of incometax, 2015 376 itr183(del) to urge that a comparable ought not to be excluded only on the basis of high turnover?. in particular he refers to the following conclusion in chrys capital investment advisors india (p.) ltd. (supra) ..... provider. the valuation of goodwill of infosys bpo for ay200910 and 2010-11 was inr1903 crores with no comparable value for the assessee. the brand promotion expense for infosys bpo for ay200910 was inr7026 lacs and for 2010-11 inr6916 lacs. the corresponding figures for the assessee are nil. bpo infosys incurred significant selling and marketing expenses for the two ays .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1992SC1203; (1992)2CALLT1(SC); JT1992(2)SC27; 1992(1)SCALE437; 1993Supp(1)SCC153; 1SCR897; 1992(2)LC359(SC)
..... scales to a reasonable number. such reduction in the number of pay-scales has to be achieved by resorting to broadbanding of posts by placing different posts having comparable job-charts in a common scale. substantial reduction in the number of pay-scales must inevitably lead to clubbing of posts and grades which were earlier different and unequal. ..... all the entries in column i of the schedule under the heading 'registration department' of the bengal subordinate service (discipline & appeal) rules, 1936 were omitted along with the corresponding entries in columns 2 to 5 thereof. thus, contend the respondents, the west bengal registration service, including the sub-registrars was brought on par with other 'constituted state services', ..... the job requirements, recruitment standard and responsibilities attached to the post belonging to the said service it recommended a scale of rs. 425-825 for sub-registrars and corresponding higher scales for other posts, the highest being rs. 850-1600 for registrar of assurances, calcutta and inspectors of registration offices. it appears that this recommendation did not ..... was made by nomination of candidates who were undergraduates or even of lower academic qualification. by the notification dated 25th november, 1949, made under section 211(2)(b) of the government of india act, 1935, the recruitment rules framed in supersession of all previous rules, the minimum educational requirement for sub-registrars was raised to graduation. the revised .....Tag this Judgment!
Court : Kolkata
Reported in : 188ITR717(Cal)
..... scheme for simplification effected through the amendment essentially consisted in classifying machinery and plant under seven broad categories, comprising various items according to their estimated lives with seven corresponding rates of depreciation in replacement of the previous seventeen. at one stage of the deliberations, there was a suggestion to altogether do away with the system of granting ..... far from effecting any change in the law, the new section (iv) in the depreciation chart only served to stress the continuityof the law in this regard. the department laboured under a total misconception regarding the nature of the amendment.17. it would be evident from a comparative study of rule 5 prior to its amendment and after ..... . cit : 97itr334(bom) . we, however, considered the rival contentions. at all material times, the assessee was an electric supply undertaking licensed under the indian electricity act, 1910. in terms of the rules framed thereunder, its electric plant was shown in its annual accounts under the heads, transmission plant, distribution plant and public lighting, without particularising ..... position of the assets prepared from several break-up schedules including statement ii of annexure v of the indian electricity rules, 1956, framed under the indian electricity act. the said statement ii of the electricity rules would clearly reveal that the various machineries are accounted for separately, right from the inception, disclosing additions separately and .....Tag this Judgment!
Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1983)LC1535DTri(Delhi)
..... is to be measured. the changed colour of this material has then to be compared with the different shades of colour shown in the colour chart on the label of the bottle in which the strips are contained. each colour block will correspond to a different percentage of glucose, etc., and therefore by matching the colour ..... area made of special chemicals on one end...the colour developed in the reagent area at 30 seconds after wetting is compared to the colour chart on the bottle label. the colour blocks on the colour chart indicate the amount of glucose present". the directions for the use of the strips are given as follows :- 1. ..... specific description is the latter one.25. shri ganesh had drawn our attention to the tribunal's order in the case of delhi surgical & dressings, reported in 1983 elt 575. in that case the goods consisted of "blood counting chambers" and "pipettes".it was held that the blood counting chambers could not be treated as ..... case of dunlop india (air 1977 sc 597). he also referred to an order of the tribunal in the case of delhi surgical and dressings, reported in 1983 elt 575.8. shri ganesh also referred to certain judgments in regard to sales tax, reported in air 1977 sc 32; 33 stc 333; and 31 ..... 1. messrs miles india ltd., have filed four revision applications (hereinafter referred to as "appeals"), which under section 131b of the customs act, 1962, are to be dealt with as if they were appeals before the tribunal. these appeals involve a common issue and were listed .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Pune
Reported in : (2004)89TTJ(Pune.)823
..... that book results had been accepted in assessment year 1990-91 and assessment was made under section 143(3) of the act. the assessee also submitted that the trading results declared by it were also better as compared to the earlier years. the turnover disclosed by the assessee for the assessment year under ..... commodities as per supply stock register. however, he has not taken into consideration those items of stock as per the books which were more than corresponding stock shown in the supply register. in view of the explanation of the assessee mentioned hereinabove, the said supply stock register cannot be considered as ..... stock at rs. 5,50,117, he has taken into consideration only those accounts in which stock as per supply stock register was more than corresponding stock as per books. at the same time, the assessing officer has totally ignored commodities in whose case stock as per books was more ..... at the same time, the assessing officer has not taken into consideration those items of stock as per the books which were more than the corresponding stock shown in the supply register. it was vehemently argued that the stock register did not reflect the true position of the actual excess stock. ..... on the one hand and the closing stock shown in the supply act register did not tally with each other. the assessee also filed a chart before the commissioner (appeals) which shows the following picture : in view of the above chart, it was submitted that the difference in stock was only to the .....Tag this Judgment!
Court : Delhi
Reported in : 30ITD241(Delhi)
..... and thereby showed an inflated g. p. it would appear that there was no further correspondence between the ito and the assessed. the assessment was closed finally on 19-9-1983. as per the directions of the iac, received under section 144b, an addition of rs. 1,00,160 was made as extra gross profit by ..... omission or discrepancy in the sales :(iii) book results were not disputed :(iv) that the method of accounting remained the same;(v) proviso of sec. 145(1) of the act was inapplicable and that the gross profit rate of 42 per cent being reasonable the addition should have not been made.'6. the cit (appeals ..... omission or discrepancy in the sales;(c) book results were not disputed;(d) that the method of accounting remained the same;(e) proviso of sec. 145(1) of the act was inapplicable and that the gross profit rate of 42 per cent being reasonable addition should have not been made.the ld. cit (a) ..... to the 1d. ito giving a gross profit rate of 42 per cent. however such rate in the chart at page 1 of the paper book is mentioned as 43.73 per cent. the 1d. ito comparing the gross profit rate with the earlier asst. years considered that the same was indeed low and without ..... the goods and the price charged thereof is not identifiable and, thereforee, the profit earned on a particular item cannot be ascertained. the provisions of sec. 145(1) of the it act, 1961 are, thereforee, clearly attracted. however, it is found that the recessed trading account furnished by the assessed showing a g. p. rate .....Tag this Judgment!
Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2006)101TTJ(Mum.)682
..... that the sales value of the products in the said registers tallied with the sales value as per the books of account. the assessee presented comparative charts, which showed that the production as per the registers tallied with the sales as shown in regular books of account.10.3 the assessee ..... here the very reason for adding the gp is not clear. if going by the ao's opinion of sales of milk being shown without corresponding purchases then obviously the appellants have offered more by way of profit than what is reflected in seized documents. similarly where the difference of ..... that the addition made by the department is legally incorrect. undisclosed income has to be computed in accordance with the manner laid down in section 158bb of the it act, 1961, and as per the definition of "undisclosed income" as provided therein. the different judicial pronouncements have held that unaccounted income has ..... departmental representative, relied strongly on the orders of the authorities below.10.13 on a perusal of the records including the seized documents and also comparing the same with the regular books of account (copies of which have been furnished before us), we are inclined to agree with the contentions ..... j.p. achnani were merely shown to him without affording him proper opportunity to study them, understand the meaning of the contents thereof, to compare them with the own books of account and records of the assessee-group and thus to be able mentally to refute the contents of such materials .....Tag this Judgment!
Court : Allahabad
Reported in : 2008(3)AWC2610
..... are not large in area. on the contrary, various small plots are acquired by separate notifications and accumulated to show largeness only to differentiate from the comparable lands. he has produced a chart to establish that in only appeal, i.e., first appeal no. 34 of 2007, ganeshi and ors. v. n.o.i.d.a. ..... , 1991 proposing to acquire land measuring area 790-16-9 bighas corresponding to 492.26 acres. publication in the local newspapers was done on 24th march, 1991. last corrigendum was issued on 4th april, 1991. declaration under section 6 read with section 17 of the act was made on 7th january, 1992 by publication in the gazette. ..... for sale of the year 1989 followed by the sale deed without any reference or recital with regard to such agreement for sale in respect of lands comparably smaller in size, which cannot be held to be the exemplar sale deed. secondly, in those cases deduction was not made by the court from the ..... the land is much large in nature in comparison to exemplar sale-deeds, which cannot be said to be established fact beyond doubt upon going through the chart having been part and parcel of the record.5. therefore, in totality we do not find any cogent reason in fixing the price of the lands ..... acquired land is 29.15 bigha approximately. there are different plots in the appeals where the acquired lands are even less than a bigha. however, from the said chart we find that the land area in first appeal no. 386 of 2001, nandu and ors. v. n.o.i.d.a., is 31 bigha kachcha .....Tag this Judgment!