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Judgment Search Results Home > Cases Phrase: customs act 1962 Court: income tax appellate tribunal itat delhi Year: 1989 Page 1 of about 14 results (0.060 seconds)

Apr 27 1989 (TRI)

income-tax Officer Vs. Dalmia Dairy Industrses Ltd.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Apr-27-1989

Reported in : (1989)31ITD549(Delhi)

..... of the case, it could not have been conceded that the assessee while paying excise duty to the government of india was acting in a fiduciary capacity on behalf of its customers. we asked shri hariharlal, the learned counsel for the assessee as to how the words 'fiduciary capacity' have been used ..... receipt or on the basis of accrual. in this case, the amount accrued to the assessee on 24th dec., 1980 when the collector of customs allowed the assessee's appeal and there was no further proceeding by the department challenging the order of the collector. then the amount was actually received ..... show that the hon'ble bench observed that there was no controversy about the fact that the assessee company had been charging excise duty from its customers and it was in a fiduciary capacity that the same was deposited. these observations are incorporated in a sentence which does not indicate whether the ..... 41(1) there must be a deterrent undergone by person incurring the liability. in the instant case excise duty was collected by the assessee from the customers which was paid to the department. therefore, as in the case of thirumalaiswamy naidu & sons the assessee does not incur any trading liability, as ..... brought on record in the subsequent year. the learned departmental representative on the other hand placed reliance on dwarka das kesardeo morarka v. cit [1962)44 itr 529 in which the hon'ble supreme court held that in the matters of assessment of income-tax each year's assessment is independent .....

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Jan 04 1989 (TRI)

Jeevan Thread Mfg. Pvt. Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jan-04-1989

Reported in : (1992)40ITD152(Delhi)

..... bills given during the course of assessment proceedings it appears that the assessee had been spending an amount on packing the gooo's but had not been charging from its customers. the element of expenditure incurred by messrs. navin bharat co. (india) pvt. ltd. on freight, packing, etc., is also marginal. the amount charged as charity by the assessee at ..... expanding it to include certain operations. the supreme court considered the meaning of the word " manufacture " both before and after amendment. before amendment the word "manufacture" as defined in that act included any incidental or ancillary process. after amendment the word " manufacture " was to include certain processes like bleaching, mercerising, dyeing, printing, water-proofing, rubberising, shrink-proofing, etc. the ..... it was said to have been held that stitching of readymade garments amounted to processing of goods within the meaning of section 2, sub-section (6)(d), of the finance act, 1968. the learned commissioner of income-tax (appeals) confirmed the assessment order on the point with the following observation : " similarly, in cit v. s. s. m. finishing centre [1985 ..... the payment was made due to business expediency. the learned income-tax officer, taking note of the situation and keeping in view the provisions of section 40a(2) of the act, made a disallowance of rs. 75,000, with the following observations ; "there appears discrimination between the sales made to messrs. navin bharat co. (india) pvt ltd. and ors. .....

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Jan 25 1989 (TRI)

O.N.G.C. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jan-25-1989

Reported in : (1989)29ITD422(Delhi)

..... management of the vessel was to remain under the exclusive control of the owner i.e., the assessee. the ongc was to reimburse the owner for all permits, clearance expenses, customs fees, duties, pilotage fees, wharfage, port charges, etc. etc. the ongc was also to provide all fuel, oil and greases, towing lines, cordage, delivery hoses etc. the ongc is said ..... be used in the prospecting of or extraction or production of mineral oils. the said provision was not on the statute book at the relevant time and here the assessees acting through the ongc have agreed to the determination of their income at 15 per cent. they, therefore, cannot take the benefit of section 44bb. further the said section may not ..... from the bombay shore to the place of work where drilling for oil exploration was going on in the sea at bombay high.4. section 44b of the income-tax act, 1961 makes special provision for computing profits and gains of shipping business in the case of non-residents. it reads as under : 44b. (1) notwithstanding anything to the contrary contained ..... department that a net rate of 15 per cent will be applied to arrive at the taxable income. the assessee's case was that section 44b of the income-tax act, 1961 applied to the facts of the case and, therefore, the income declared by the assessees should have been accepted. this contention has been negatived by the cit (appeals) as .....

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Feb 27 1989 (TRI)

Marudhar Cultivators Pvt. Ltd. Vs. Wealth-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Feb-27-1989

Reported in : (1992)41ITD147(Delhi)

..... which can be taxed. cit v. lahore electric supply co. ltd. [1966] 60 itr 1 (sc). ordinarily the expression ' business' connotes a customer's activity in carrying on a particular trade or a vocation. the expression is used for taxing statutes in the sense of an occupation and profession which ..... the allowance of depreciation should also have been withdrawn by the commissioner of income-tax by invoking his powers under section 263 of the income-tax act. this was not attempted. it, therefore, follows that the building was used for business purposes, although the business conducted during the year was on ..... the assessment order and that material could not be taken into consideration by the commissioner for invoking his jurisdiction under section 25 of the wealth-tax act. the income-tax assessment order having been passed on january 14, 1987, as against the wealth-tax assessment order made on march 31, 1986 ..... were for the purposes of this property. after seeing these facts, the wealth-tax officer exempted the said building from taxation under the wealth-tax act, 1957. while accepting the return filed by the assessee, a note was made by the wealth-tax officer to the effect that, during the ..... wealth-tax assessment order, in these circumstances, was considered erroneous and also prejudicial to the interests of the revenue. notice under section 25 of the act was served on the assessee and in reply it is seen to have been submitted that the two companies were having their offices earlier in hotel .....

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Apr 20 1989 (TRI)

Jhalani Tools (i) (P.) Ltd. Vs. Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Apr-20-1989

Reported in : (1989)31ITD81(Delhi)

..... made out of beautiful expensive plastic and were colourful and were meant to be of durable nature or they were more or like beautiful souvenirs to customers who purchased the assessee's goods. for the year prior to 1979-80 also this point had come up before the appellate tribunal and it was ..... of laboratory and quality control specially since the accounting year of the assessee ended on 30-6-1981 whereas rule 6aa of the income-tax rules, 1962 came into effect from 1-8-1981. for the a.y. 1982-83 this aspect of the matter has been dealt with in paras 9 and ..... of the case, the appellate tribunal erred in law in holding that the assessee was eligible for claiming weighted deduction under section 35b of the income-tax act, 1961 and expenditure on wrappers after bifurcation by the income-tax officer? 6. "whether on the facts and in the circumstances of the case, the ..... vice-president or the vice-president, as the case may be, directs would suffice to say that in the present case since the president, acting in his administrative capacity, had directed that these reference applications be placed before the present special bench consisting of only 3 members, the requirements of rule 40 ..... above table. he held that 55% of the entire cash receipts representing revenue receipts were taxable as income under section 28(iv) of the income-tax act, 1961. he noticed that ccs was paid to the exporter with reference to the value of exports and therefore, the payments arose directly from the .....

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Feb 21 1989 (TRI)

Jackson Engineers (P.) Ltd. Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Feb-21-1989

Reported in : (1989)31ITD79(Delhi)

..... were directly sold. in course of discussion the assessee's reply was that these were alternators which were utilised for assembling certain diesel generating sets at the place of the customers. even this the ito while giving effect toils order would see to it that assessee is an industrial undertaking; is entitled to concessional rate of tax and benefit of investment ..... length with factual aspects, he relied on catena of judgments, such as ashok motors ltd. v. cit [1961] 41 itr 397 (mad.), cit v. standard motor products of india ltd. [1962] 46 itr 814 (mad.), cit v. ajay printery (p.) ltd. [1965] 58 itr 811 (guj.), cit v. tata locomotive & engg. co. ltd. [1968] 68 itr 325 (bom.) and addl. cit ..... assembling of the imported parts into a finished chassis amounted to the manufacture or production of an article within the meaning of section 15c(2)(ii) of the income-tax act, 1922. their lordships dealing with the wider and narrower connotation of the word "manufacture", held as under : that in the present case the assembly stage was a part and parcel .....

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Sep 06 1989 (TRI)

indure Malleable and Alloy Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Sep-06-1989

Reported in : (1989)31ITD466(Delhi)

..... stipulation even to the effect that the lessee could purchase the assets.10. again their lordships of bombay high court in the case of ltd. v. cit [1962] 46itr 1181, had occasion to deal with identical issue and following earlier two decisions that of supreme court in case of shri lakshmi silk mills ltd. (supra) and that of ..... be set off against losses of the company from the business of the manufacture of textiles brought forward from the preceding year under section 24(2) of the income-tax act. the fact that a company which was carrying on business has gone into liquidation does not prevent the liquidators from carrying on the business. in order that the income of ..... in obtaining silk yarn and the plant as such remained idle. the said plant was rented out on a ' monthly rent in august 1943, though under the excess profits tax act, the dispute before their lordships of supreme court was, whether it was income from 'other sources' or 'business'. their lordships held in the said case as under: - that it was ..... relied on a catena of decisions viz. cept v. shri lakshmi silk mills ltd. [1951] 20 itr 451 (sc), cit v. national mills co. ltd. (.19581 34 itr 155 (bom.), [1962] 46 itr 181 (sic), cit v. varna silk mills (p.) lid. [1978] 112 itr 701 (guj.), cit v. katihar jute mills (p.) lid. [1.979] 116 itr 781 (cal.),addl .....

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Aug 16 1989 (TRI)

Kishan Gupta Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-16-1989

Reported in : (1989)31ITD448(Delhi)

..... to the commissioner the assesses had asserted as under: - 17. the sources of the acquisition of jewellery by my wife are followings: in the year 1962. about 25 tolas (ii) from my mother on the occasion on my marriage about 25 tolas(iii) from my uncle sh. ram parsad and other ..... a perusal of the above orders would show that they are based on some tentative conclusions arrived at in investigations under section 132(5) of the act. so far as the assessments are concerned no findings were arrived at after giving the assessee an opportunity of controverting adverse material, if any. ..... ,678 --------- assessed. issue necessary forms. penalty proceedings under section 271(1)(c) has been separately issued, penalty notice under section 10(2) of cds act have already been initiated.20. the penalty orders for all the years are almost identically worded and hence we reproduce the penalty order for 1977-78 as ..... important and reads as under: - explanation 1: where in respect of any facts material to the computation of the total income of any person under this act, - (a) such person fails to offer an explanation or offers an explanation which is found by the income-tax officer or the appellate asstt. commissioner ..... writing to the assessee or to the ito that no penalty would be levied. the assessee moved a petition under section 273(a) of the act to the commissioner praying that penalty proceedings be dropped. this was rejected. then the assessee moved another application under section 273 a(4) for the .....

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Mar 28 1989 (TRI)

income-tax Officer Vs. Girivanvasi Pragati Mandal

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Mar-28-1989

..... part of the statute redundant, unworkable and an interpretation which would lead to anomaly should be avoided. (s. shahzada nand and sons v. cbr [1962] 45 itr 233 ; air 1962 punj 74 [kb] and ghanshyamdas v. regional asst. cst [1964] 51 itr 557 ; air 1964 sc 766) ; also cit v. elphinstone ..... assistant commissioner mentioning that the learned income-tax officer was not justified in imposing the penalty and making mention of section 271 of the act, cancelled the penalty, observing that no penalty for late filing of the return could be imposed in such a case.17. the issue ..... the conclusion arrived at by him. according to the learned accountant member, penalty for default under section 271(1)(a) of the income-tax act, 1961, was imposable and observing thus, he referred the matter back to the file of the learned appellate assistant commissioner for deciding the factual ..... the inspecting assistant commissioner. explanation j. --where in respect of any facts material to the computation of the total income of any person under this act, - (a) such person fails to offer an explanation or offers an explanation which is found by the income-tax officer or the appellate assistant ..... finding of the appellate assistant commissioner, the revenue has come up in appeal. the argument of the learned departmental representative was that since the act requires consideration of the trust to be not a charitable trust, meaning thereby that the incomes which are normally treated as applied for charitable purposes .....

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Aug 29 1989 (TRI)

Shri Leasing and Industrial Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-29-1989

Reported in : (1989)31ITD163a(Delhi)

..... ltd. v. cit [1982] 135 itr 206 (mad.) was held that the word 'concern' used in appendix i to the income-tax rules, 1962 show that the income-tax officer would be obliged to allow extra shift depreciation allowance only if the assessee had made a claim thereof and that the rules ..... provide proper guidance in the interpretation of the provisions of the statutory law and rules framed thereunder and, as observed above, the provisions of the act coupled with the income-tax rules indicate that the legislative intent is that extra shift allowance would be admissible only to a concern that is actually ..... ced v. kantilal trikamlal [1976] 105 itr 92 at page 96, where the hon'ble supreme court observed that the scheme and spirit of the act need to be understood first, for every social legislation has a personality and taxing statute a fiscal philosophy without a feel of which a correct perspective ..... extra shift. further, there are many items of machinery on which no extra shift allowance is admissible. therefore, it cannot be said that under the act depreciation is always related to the actual quantum of use.10. relying on bombay state transport corpn's case (supra), the learned counsel for the assessee ..... is proportionate to the number of days for which the concern has worked double shift or triple shift.6. under section 32 of the income-tax act, 1961 depreciation is admissible to an assessee in respect of building, machinery, plant or furniture owned by the assessee and used for the purposes of .....

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