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Judgment Search Results Home > Cases Phrase: customs act 1962 Court: income tax appellate tribunal itat delhi Page 2 of about 572 results (0.207 seconds)

Sep 30 1994 (TRI)

Deputy Commissioner of Vs. Mahajan Overseas (P.) Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1994)51ITD507(Delhi)

..... declared that, the expression 'sale proceeds' in this sub-section does not include freight or insurance attributable to the transport of the goods or merchandise beyond the customs station as defined in the customs act, 1962 (52 of 1962). explanation 2 : for the purposes of this sub-section, a person who exports any goods or merchandise in respect of which the declaration in pursuance of ..... of any goods or merchandise exported out of india, but does not include freight or insurance attributable to the transport of the goods or merchandise beyond the customs station as defined in the customs act, 1962 (52 of 1962).provisions of section 280zc as they stood at the relevant period of time, read as under:- 280zc. tax credit certificate in relation to exports.-(1) subject ..... been realised through their bankers. the question arose as to who was entitled to the tax credit certificate in relation to the export under section 280zc of the income-tax act, 1965, the party, ferro alloys corpn. ltd. or the government trading corporation. their lordships after examining the provisions of section 280zc, in the light of the barter scheme and ..... s. mahajan international was put by the reserve bank of india, held that the assessee being not a real exporter is not entitled to deduction under section 80hhc of the act. the learned cit(a) allowed the claim of the assessee after holding that as the prerequisite conditions for allowance of deductions under section 80hhc were satisfied the assessee was entitled .....

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Dec 03 1990 (TRI)

inspecting Assistant Vs. Indian Aluminium Cables Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1991)38ITD53(Delhi)

..... register or any other documents required for the rejected goods. the goods were seized under section 10 of the customs act, 1962 as made applicable to like matter vide notification no. 65/68-ce dated 4-5-1963 issued under section 12 of the central excises ..... lots were cleared after seeking permission from the excise department. it appears that above-mentioned two certificates were not considered by the collector of customs and the highest fact finding body cegat. taking into consideration the certificate of cable & conductor manufacturers' association regarding percentage of scrap it generated ..... ignored and the seizure was effected on 12-11-1981. the assessee had refuted the charge labeled against them. however, the collector of customs observed that the goods in question on visual examination clearly meet with the requirement of standard acsr conductors otherwise for such goods how m/s ..... same was accordingly seized. the assessee tried to explain that these goods were received by them from their ghaziabad factory but the collector of customs did not agree with this contention. he was of the view that after conducting detailed investigations, the central excise authorities came to the ..... fact. therefore, this court cannot sit over the decision of the highest fact finding body of customs, excise & gold (control). in this connection, we would like to mention relevant sections of evidence act which speak about the relevancy and binding nature of judgments of courts of justice. sections 41 .....

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Aug 03 2001 (TRI)

Deputy Commissioner of Vs. Metro Tyres Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

..... item of duty drawback. in order to appreciate the contentions of the parties, we would like to refer the provisions of section 75(1) of customs act, 1962 under which duty drawback is allowed. the same is reproduced as below : " 75. drawback on imported materials used in the manufacture of goods which ..... (2)." we are informed that similar provisions are also made in central excise act. since in the present case duty drawback was received under the customs act, we are referring to the provisions of section 75(1) of customs act, 1962 only.the perusal of section 75(1) clearly shows that the duty drawback is ..... given by way of incentive to boost the export of goods manufactured in india. if any imported goods on which custom duty has ..... and loading thereof for exportation has been made under section 51 by the proper officer a drawback should be allowed of duties of customs chargeable under this act on any imported material of a class or description used in the manufacture of such goods, the central government may, by notification ..... it directly affects the profits of industrial undertaking in as much as it is debited to manufacture & profit and loss account. such payment of custom duty increases the cost of manufacturing but when the same is received back as drawback, it nullifies the affect of aforesaid increase in the cost .....

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Feb 28 2006 (TRI)

Herbalife International India Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)101ITD450(Delhi)

..... question is whether they were goods chargeable to customs duty.28. we have considered the rival submissions. it is not in dispute that as per the ..... of customs 128 elt 21 (sc) wherein the hon'ble supreme court has held that the grant of permission by rbi for remittance in connection with import of drawings and designs cannot be construed and be held as decisive in the proceedings before the customs authorities under the customs act, 1962 where the ..... for remittance is from the viewpoint of the implications of foreign exchange outflow and that it had no impact on the adjudication under the customs act as to whether the payment for which permission was granted by the rbi was for rendering services or for import of goods. considering ..... rs. 72,36,139. the assessee submitted such report to the cit(a) as additional evidence under rule. 46 of the it rules. 1962. the assessee also submitted that the discrepancies were not such so as to merit rejection of the manufacturing and trading results of the assessee. ..... with the case where an assessee paid remuneration to managing agent which required the permission of the central government under the provisions of the companies act, 1956 for their appointment. the assessee was following the mercantile system of accounting. though the remuneration paid by the assessee related to the period .....

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Oct 12 2007 (TRI)

Alcatel India Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)115TTJ(Delhi)881

..... after the expiry of six months for making such claims under section 37 of the customs act, 1962. these claims were not admitted by the customs authorities. on appeal, the cegat allowed the claim of the assessee. however, the customs department filed appeal before the supreme court and the appeal was dismissed by the ..... a value being 105 per cent of the invoice price.the amount equivalent to 50 per cent of the incremental duty was deposited with the customs authority without admission that there was any under invoicing. the assessee was entitled to receive the amount as refund on proof that there was no ..... assessee moved an appeal before the cit(a). it was represented before him that the assessee imported components from alcatel cit, france, and the customs authorities entertained doubts about the possibility of underinvoicing in respect of import made from the foreign holding company. in such cases, the authorities generally issued ..... is mentioned in the assessment order that the impugned amount was debited to p&l a/c and it represented extra payment of customs duty demanded by the customs department on account of the possibility of underinvoicing of import. it was explained that the assessee had filed a claim for refund of ..... provisions of part ii and part iii of sch. vi to the companies act, 1956. the provision made by the assessee could not have been made under the said schedule. it was also mentioned that the customs authority had not rejected the claim of refund by the end of the year .....

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Oct 24 1991 (TRI)

Oriole Exports (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)40ITD121(Delhi)

..... extent that it was compelled to surrender the goods and accordingly it intimated its decision relinquishing its title to the imported goods as provided in section 48 of the customs act, 1962 to the customs authorities in november/december 1983. he submitted that the details of the goods so surrendered are at page 2 of the paper book and the correspondence in this regard ..... the imported material and the expenses incurred on importing as a loss.section 48 of the customs act, 1962 provides that any goods which is brought into india from out of india and not so cleared for home consumption or warehoused or transhipped within two months from the date ..... all contained at pages 3 to 18 of the paper book. his main plank of the argument was that since as required by the customs act, 1962, the assessee having relinquished its title to the goods in favour of the customs authorities, the assessee has lost its goods for ever. it is on this basis that the assessee had claimed the loss as a ..... from hualon corporation, taiwan and the goods landed in indian ports in january 1983. as per section 48 of the customs act, 1962, the assessee intimated relinquishing of its title to the imported goods in december 1983. since the assessee had intimated the customs authorities of its relinquishment of its title to the goods in december 1983, the assessee had claimed this value of .....

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Sep 04 1992 (TRI)

Goel Jewellers Vs. Asstt. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1992)43ITD725(Delhi)

..... section applies and which are exported out of india, but does not include freight or insurance attributable to the transport of the goods or merchandise beyond the customs station as defined in the customs act, 1962 (52 of 1962).the above definition is applicable to "export turn over" of the immediately preceding year as also to the year under consideration.there is no dispute that ..... be abuse of the legal provision to treat and compare last year's turnover with the annual turnover of this year and allow deduction under section 80hhc of i.t. act. the assessee being aggrieved, has brought the issue in appeal before the appellate tribunal.3. shri p.j. khanna, learned representative of the assessee submitted that provision of section 80hhc ..... directed against order of dc (appeals) refusing to allow deduction to the assessee under section 80hhc(1)(b) of i.t. act.2. the assessee exported certain merchandise and claimed deduction under section 80hhc(1)(a) of the i.t. act. this was allowed. the assessee further claimed deduction under clause (b) of sub-section (1) of section 80hhc on export turnover .....

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Jul 25 1994 (TRI)

international Research Park Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1994)50ITD37(Delhi)

..... , but does not include freight or insurance attributable to the transport of the goods or merchandise beyond the customs station as defined in the customs act, 1962 (52 of 1962) ;" the next important change introduced in the section was by the taxation laws (amendment and miscellaneous provisions) act, 1986, with effect from april 1, 1987 : "(1) where an assessee, being an indian company or a ..... export profits, but deliberately diluting them by placing an interpretation which is queer and unintended. to support his argument, he took the aid of section 80ab of the income-tax act, 1961. by tracing its history of introduction, he submitted that under that section, each activity must be regarded as separate for the purposes of deductions to be allowed under ..... head 'profits and gains of business or profession (which again will include the three export incentives). the operation of section 80hhc read with section 28, as amended by the finance act, 1990, can be illustrated by way of the following examples : deduction under section 80hhc, if entire export proceeds, i.e., rs. 100 lakhs is brought into india within deduction ..... death an interest in a mitakshara coparcenary property, his interest in the property shall devolve by survivorship upon the surviving members of the coparcenary and not in accordance with the act. however, in a case, inter alia, where the deceased leaves behind a female relative specified in class-i of the schedule, then the interest of the deceased shall devolve .....

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May 31 1993 (TRI)

Dior International (P.) Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1993)46ITD321(Delhi)

..... on the decision of the supreme court in the case of vijay prakash d. mehta v. collector of customs [1989] 175 itr 540 where while considering an at peal under the customs act, 1962 one of the conditions was that the assessee pending the appeal shall deposit duty demanded or the penalty levied ..... the hon'ble supreme court in the case of vijay prakashd. mehta (supra) was considering provision of section 129(a) and (e) of the customs act which provides "where, in any appeal under this chapter, the decision or order appealed against relates to any duty demanded in respect of goods which ..... are not under the control of the customs authorities or any penalty levied under this act, the person desirous of appealing against such decision or order shall, pending the appeal, deposit with the proper officer, the ..... belongs to the director. therefore, it cannot be adjusted against the tax payable by the company under provisions of section 249(4) of the it act. however, it was submitted that this reques for adjustment of tax by director of the company in view of the specific mention of adjustment ..... on the facts itself because the hon'ble supreme court in the case of mst. katiji ((supra) stating that under section 5 of the limitation act the expression sufficient cause was appearing. therefore, while interpreting that expression the decision was given. for this provision, there is no such word, therefore, .....

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Nov 12 2001 (TRI)

Pearl Polymers Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

..... section applies and which are exported out of india, but does not include freight or insurance attributable to the transport of the goods or merchandise beyond the customs station as defined in the customs act, 1962 (52 of 1962)." 10. in the light of the aforesaid facts and the provisions of law as applicable for the assessment year under appeal, the learned counsel for the ..... elt 769 which was always relied upon by the department was not applicable as that was a case of classification/ interpretation under the customs and excise act and not under the it act. it was the submission that under the it act it was a well-settled proposition that "if there is an ambiguity in language employed then the provision must be construed in a manner ..... the plea of "separate businesses" was not canvassed. according to him "separate businesses" were accepted by law and a reference was made to provisions of section 2{13) of the it act, 1961. as regards the cbdt circular (supra) relied upon by the learned departmental representative the learned counsel contended that this was effective from 1st aril, 1992, and not applicable to ..... foreign exchange "means foreign exchange which is for the time being treated by the reserve bank of india as convertible foreign exchange for the purposes of the foreign exchange regulation act, 1973 (46 of 1973), and any rules made thereunder; (b) "export turnover" means the sale proceeds receivable by the assessee in convertible foreign exchange of any goods or merchandise .....

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