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Judgment Search Results Home > Cases Phrase: customs act 1962 Court: income tax appellate tribunal itat delhi Page 5 of about 572 results (0.073 seconds)

Oct 31 1995 (TRI)

Talbros Automotive Components Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)56ITD312(Delhi)

..... an income in the year when the same has been received. the deduction is however allowable as and when the same is refunded back to the customers who are identifiable and specified. in case the assessee renders evidence to support the aforesaid contention it is entitled to the deduction as claimed. in ..... sales bureau (p.) ltd. (supra). thus despite accounting treatment as given by the assessee we would hold that the excise duty collected from the customers constituted trading receipt in the hands of the assessee when received and it was taxable as such.9. we would now discuss the assessability of the ..... constituting refundable deposit, there is no material on record to support it. no evidence is there before us that the amount so received from the customers is identifiable and specified and that the accounts of the respective parties were credited when the amount was collected and debited when the same was ..... is so for as undisputed receipt is concerned. in the case of the assessee the issue pertains to disputed amount of excise duty collected from customers and paid to the excise authorities which subsequently stood refunded to the assessee. in the case of the assessee a separate account in respect of ..... a deduction on the other hand, have been treated as an income for the purposes of the act. in the case of the assessee the receipt is on account of excise duty collected from the customers which subsequently stand refunded to the assessee. excise duty in turn is an impost levied under the .....

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Jun 28 1996 (TRI)

Degremont India Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1996)59ITD423(Delhi)

..... be treated as a manufacturing activity. such submissions made on behalf of the revenue are clearly contrary of the various contracts executed by the appellant company with its various customers. it is evident from a perusal of the contract executed with dyaneswar that the assessee had undertaken to design, engineer, manufacture, supply, install and commission the etp ..... which reliance was placed by the learned departmental representative contains the following observations : "the company is engaged in the business of construction of water treatment plants specifically to customer's requirements. the nature of materials consumed and final product are completely different and it is not possible to give quantitative details as major work is fabricated by contractors." ..... supplying, erecting and instalment of effluent treatment plant (hereinafter referred to as etp). the activities carried on by the assessee as per the terms of contracts executed with the customers briefly consists of the following : (a) designing and engineering of the etp after collecting effluent samples and slabs or pilot plant studies of the collection of information regarding the ..... the case of jackson engg. (supra) which assembled diesel engines after purchasing different parts from different parties at the situe of the customers was an industrial undertaking entitling to the relief under s. 80-i of the act so also the decision of the bombay bench of the tribunal in the case of ito vs. bandekar engg. (supra) and .....

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Jan 27 2006 (TRI)

All India Radio Commercial Vs. Ito

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2006)8SOT513(Delhi)

..... stamp paper by the vendor. the court has also held that neither of the two activities i.e., buying from the government and selling to the customers can be termed as 'services in the course of buying or selling of goods' contemplated by explanation (i) to section 194h. so it was held ..... supplies were made to the distributor against payment either immediate or deferred as provided in the agreement, and even when the goods were destined directly to the customer, it was the distributor who had to guarantee to arrange the payment. the assessee being the purchaser from the company of the goods in question, ..... sold, abundantly disproved the assessing officer's contention that the sale proceeds were collected by the agents through the howkers from the customers and then passed on to the publisher. the arrangement so made between the assessee and the agents would be governed by the provisions of sales ..... kind at the place where the agent conducts such business. when the agent acts other-wise, if any loss be sustained, he must make it good to his principal ..... is defined in section 211 of the contract act. this provision is as under : "an agent is bound to conduct the business of his principal, according to the directions given by the principal, or in the absence of any such directions according to the customs which prevails in doing business of the same .....

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Oct 26 2007 (TRI)

Rolls Royce Plc Vs. Dy. Director of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2008)113TTJ(Delhi)446

..... in terms of article 7 of the dtaa. the ao, accordingly, invoked rule 10 of the income-tax rules, 1962 and attributed 100% of the profits arising from sale of goods to indian customers in india in the assessment years 1997-98 to 2000-01 and 75% of the profits in the asstt. years ..... profit accruing directly or indirectly in respect of the marketing activities in india shall be taxable in india under the income-tax act read with rule 10 of income-tax rules. 1962. in a case in which the ao is of the opinion that actual amount of the income accruing or arising directly or ..... or indirectly through or from any business connection in india, can be taxed in india. the expression 'business connection' was earlier not defined in the act. the finance act, 2003 w.e.f. 1st april, 2004 i.e. as applicable to asstt. year 2004-05 and onwards has inserted two new explanations to clause ..... final conclusion regarding the exact quantum of income that has escaped assessment or even a final conclusion regarding chargeability of such income to tax under the act. a prima facie formation of an opinion would suffice. the fact that contracts were executed in india could reasonably lead to conclusion that income has ..... and circumstances of the case, the ao was of the view that the appellant was having a business connection in india under section 9 of the act as well as permanent establishment under article 5 of the double taxation avoidance agreement (in short 'dtaa') between india and uk. the business connection and .....

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Apr 29 1998 (TRI)

Modi Xerox Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1998)67ITD252(Delhi)

..... as to include xerographic equipments and systems. our attention was invited on the harmonised commodity description and coding system, commonly known as "harmonised system of nomenclature (hsn) issued by world customs organisation, brussels. reference was made to the decision of cce shillong vs. woodcraft products ltd. 77 elt 23 (sc) wherein it was held that hsn is a safe guide ..... : (a) with reference to the unitwise profits; and (b) without reducing the brought forward losses/allowances. the cit (a) held that the deduction under s. 80-i of the act was admissible on the profits derived from two eligible industrial undertakings that manufacturing of xerographic equipment and manufacturing of toner, developer, photo-receptor and not the third activity, i.e ..... of the ao was neither erroneous nor prejudicial to the interest of the revenue. the items manufactured by the assessee-company are beyond the ambit of sch. xi of the act. the item manufactured by the assessee being xerographic equipment and systems comes under the head "high technology reproduction and multiplication equipment" (serial no. 20 of appendix to government ..... was placed before us.this reads as under : "i am directed to say that high technology reproduction and multiplication equipment does not come within the sch. xi to the it act, 1961. however, it will be for the claimant of the investment allowance to satisfy the it authorities that the item of manufacture falls within the description "high technology reproduction and .....

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Jul 25 2003 (TRI)

Minda Huf Ltd. Vs. Additional Commissioner of

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (2004)82TTJ(Delhi)305

..... it requires further investigation. so far as the original stand of the assessee is concerned, the learned departmental representative contended that whenever the material is dispatched or sent to the customers, the vendor always obtains the acknowledgement of the receipt of material and on the basis of that receipt/challan invoices are raised by the vendor. in the instant case, no ..... assessee is before us and reiterated its earlier contentions. it was also contended on behalf of the assessee that he did not insure the material while dispatching it to the customer.moreover, the assessee was not timely informed about the short delivery of the material. when they refused to make the payment of short delivery, the assessee realized that the material ..... in the closing stock.the assessee, therefore, contended that its claim be allowed under section 28 of the act as loss incidental to business. the cit(a) noticed that neither the assessee has made any effects to recover the material from the customer nor made an insurance claim for the material lost in transit. considering the nature of business of the assessee ..... this material was neither received by the customer nor returned to the assessee and was apparently lost in transit, the same could not be reflected in closing stock of finished goods.accordingly, the same was allowable under section 28 of the act as loss incidental to business. the learned counsel for the assessee further submits that the aforesaid amounts also include the .....

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Jan 28 1994 (TRI)

Indian Communication Network P. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1994)49ITD56(Delhi)

..... inasmuch as closing stock of one year would become the opening stock of the next year and such a situation is not stipulated or anticipated by section 43b ; (6) that customs and excise duties are admittedly admissible deductions for computing business income under section 28 and under the "mercantile system" of accounting these were eligible for deduction on accrual basis ; (7 ..... of his arguments, shri vaish relied on the following reported decisions :all-india lakshmi commercial bank officers union v. union of india (vii) hariprasad jayantilal and co. ltd. v. ito [1962] 45 itr 294 (guj) ; and (viii) cambay electric supply industrial co. ltd. v. cit [1978] 113 itr 84 (sc).18. learned counsel at this stage referred to the three ..... alternative one claiming depreciation and investment allowance on the capital expenditure.52. grounds nos. 6 to 9 involve an identical issue, namely, the disallowance under section 37(3a) of the act. these grounds are disposed of by the following common discussion : 53. the assessing officer in the course of the assessment proceedings worked out an aggregate expenditure of rs. 16,97 ..... under the permissible deductions. under the mercantile method of accounting, as stated earlier, the moment the liability is incurred, it would be an admissible deduction. what section 43b of the act states is that irrespective of the fact that the liability is already incurred, that would be an admissible deduction only when the actual amount in that regard is paid. therefore .....

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Oct 13 1987 (TRI)

Rolls Royce India Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1988)25ITD136(Delhi)

..... consumed by the indian and other markets, to provide secretarial and administrative assistance to the : service representatives of rr in india, to provide liaison service between rr and its customers or potential customers regarding supply of rr's products and servicing and to look after the visitors from rr to india and neighbouring countries and to provide for their stay and travel ..... incurred by mm or must be deemed to have claimed some expenditure and, therefore, a portion of it would be disallowed by applying the restrictive provisions of the income-tax act all because the assessee-eompany received some reimburse - ment of the expenditure incurred. this, in my opinion, is not the correct appreciation of the situation. the correct appreciation of the ..... for a period not exceeding five years) any immovable property in india without obtaining prior permission of the reserve bank of india under section 31 of the foreign exchange regulation act, 1973. (vi) the liaison office in india will furnish to us (in duplicate on a yearly basis) the following particulars/documents : (a) a certificate from the auditors to the ..... for a period not exceeding five years) any immovable property in india without obtaining prior permission of the reserve bank of india under section 31 of the foreign exchange regulation act, 1973. (vi) the liaison office in india will furnish to us (in duplicate on a yearly basis) the following particulars/documents : (a) a certificate from the auditors to the effect .....

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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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Jan 30 1997 (TRI)

Markanda Vanaspati Mills Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1997)62ITD263(Delhi)

..... in these accounts were actually paid to the departments concerned." "70(e). particulars of amount(s) paid/payable as sales-tax, excise duty, customs duty, etc., which is disputed and the present stage of litigation in that regard." from the above it is clear that specific information was sought ..... the sales-tax collections as also to disclose that there was no corresponding liability against the said collection or that the same was refundable to customers. the assessee not only failed to disclose the material facts necessary for assessment that there was no corresponding liability against part of the collections ..... outstanding in these accounts were actually paid to the departments concerned." "70(e). particulars of amount(s) paid/payable as sales-tax, excise duty, customs duty, etc., which is disputed and the present stage of litigation in that regard." though the ao had specifically asked the assessee to give the ..... outstanding in these accounts were actually paid to the departments concerned." "70(e). particulars of amount(s) paid/payable as sales-tax excise duty, customs duty, etc., which is disputed and the present stage of litigation in that regard." though the information was not given in the style in ..... was before filing the return under the it act. in the income-tax proceedings, the reason for not offering the excess collection of sales-tax was that there was no clarity in the beginning as to whether it was to be refunded to the customers or to be paid to the government and .....

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