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Judgment Search Results Home > Cases Phrase: customs act 1962 Court: income tax appellate tribunal itat delhi Year: 2005 Page 1 of about 46 results (0.064 seconds)

Aug 31 2005 (TRI)

Deputy Commissioner of Income Tax Vs. Royal Jordanians Airlines

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Aug-31-2005

Reported in : (2006)283ITR28(Delhi)

..... taxation in other fields of taxation. this is apparent from the fact that union of india and states are not immune from taxation under central sales-tax act, 1956, custom act, 1962 and central excise and salt act, 1944. the reference to relevant provisions will be made hereafter at appropriate place. further, it is important to note that art. 285 of the constitution of india ..... , supplies or distributes goods shall be deemed to be a dealer. thus sales made by government in the course of inter-state trade is not immune from taxation.65. similarly, customs act, 1962, by virtue of s. 12, levies duty on goods imported into or exported from india. this provision has specifically been applied to goods belonging to the government.66. similarly, central ..... out that rja had to pay all the charges levied by airport authority of india while operating on indian airports. it had to comply with air carriages act of india, indian custom laws, indian explosives act, pota and so on. if there was no royal immunity in relation to those provisions, there was no reason why such immunity should be claimed in relation ..... there are provisions of section 11 to deal with the question of taxation. section 11 of the immunity act reads as under: "11. a state is not immune as respects proceedings relating to its liability for-- (a) value added tax, any duty of customs or excise or any agricultural levy. (b) rates in respect of premises occupied by it for commercial purposes .....

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Jun 28 2005 (TRI)

Asstt. Cit, Circle, Panipat Vs. Liberty India

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jun-28-2005

Reported in : (2005)4SOT93(Delhi)

..... undertaking.with regard to the issue of duty drawback, it has been observed as under : "persual of section 75(1) of customs act, 1962 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 ..... duty is paid, it directly affects the profits of industrial undertaking inasmuch as it is debited to manufacture and 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 effect of aforesaid increase in the cost of ..... has been used in the manufacture of any goods of any class or description and such manufactured goods have been exported out of india, then custom duty paid on imported goods is given back to the manufacturer by way of rebate. this duty drawback is given only to manufacturers making export ..... drawback cannot be regarded as income derived from an industrial undertaking so as to entitle the assessee to a deduction under section 80-i of the act. the issue involved in the instant case of the assessee under consideration before me is also identical because in this case also the assessee has ..... the profit or gain 'derived' from & industrial undertaking. it may constitute profits or gains of the business by virtue of section 28 of the income tax act, 1961, but, it cannot be construed as profits or gains 'derived' from the industrial undertaking for, its immediate and proximate source is not the industrial .....

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Jan 31 2005 (TRI)

Raj Kumar Chawla and ors. Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jan-31-2005

Reported in : (2005)94ITD1(Delhi)

..... become applicable in certain circumstances are to be made use of for the purpose of the later act also. examples of this type of legislation are to be seen in collector of customs v. nathella sampathu chetty (1962) 3 scr 786, new central jute mills co. ltd. v. asstt. collector (1971) ..... to the provisions of chapter xiv, which are different to the provisions of special provisions of assessment contained in chapter xiv-b of the act.33. the learned departmental representative in his written submission has pointed out that there is a marked difference in the return filed pursuant to ..... v.dy. cit (supra), particularly, contending that the jurisdiction to assess or reassess is concerned by issue of notice under section 148 of the act. we, however, are not inclined to agree with the learned departmental representative for the reasons given in subsequent paragraphs.29. section 148 confers jurisdiction merely ..... notice in the prescribed time of 12 months making his intentions clear to the assessee. further, the only procedure of making assessment which the act prescribes are under sections 143(1), 143(3) and 144 (incidentally we may point out that provisions of chapter xiv-b prescribing for a ..... notice were a notice issued under that sub-section", the notice issued was treated as a notice issued under section 22(2) of the it act, 1922. the court observed as under : the interpretation by learned counsel for the petitioner that the procedure applicable to proceedings for assessment or reassessment .....

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Jun 22 2005 (TRI)

Motorola Inc., Erisson Radio Vs. Deputy C.i.T.

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jun-22-2005

Reported in : (2005)96TTJ(Delhi)1

..... goods. this contention was rejected by the supreme court, by referring to section 12 of the customs act which imposes duty on goods imported into india.according to section 2(22)(e) of the customs act, goods include "any other kind of movable property". the court observed that the definition of " ..... (3) develop market opportunities for motorola products and services by introducing motorola products and services and by providing product and service information to potential customers and partners in liaison and support of motorola and provide warranty and after sales services in connection with the products sold. (4) engage ..... often. it therefore, thought it fit that there should be some arrangement in india for organizing the reception of such engineers, helping them in their customs clearance, their transportation, accommodation, maintenance of their residential buildings, making travel arrangements, providing facilities like telephone, telex, accounting, secretarial and other assistance. ..... book no.3) in this case mr. syali drew our attention to the judgment of the supreme court in the case of raymond (air 1962 sc 1810) and to page 22 of the written submissions filed by him. it was submitted that though the contract was assigned to nokia pvt ..... , in this context, may be made to the decision of this court in swadeshi cotton mills co. ltd. v. state of u.p. (1962) 1 scr 422: (air 1961 sc 1381) where it has been observed: "the validity of the order therefore does not depend upon the recital .....

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Jan 06 2005 (TRI)

Jindal LeasefIn Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jan-06-2005

Reported in : (2005)94TTJ(Delhi)452

..... hire-purchase agreement, the rights of the appellants are extinguished, there results a sale in favour of the customer which is taxable under the act. the question was with regard to exigibility to tax of what the state of kerala contended is a sale resulting from the payment of all the instalments under ..... for the assessee, all these clauses in the agreement clearly go to show that notwithstanding the registration of the vehicle/asset in the name of the customer with the regional transport office under the motor vehicles act, the real owner is the assessee. he submitted that, since, hire charges are not in the nature of interest, the action of the revenue authorities ..... of the rights of the customer in the vehicle under the sale letter, when, by the operation of clause 6 of the ..... was common ground that the first transaction is taxable under the appropriate sales-tax act. on behalf of the state of kerala, it was conceded that the second transaction is not taxable, but it is so because the customer is ordinarily not a dealer within the meaning of the act, but they contend that inasmuch as under that transaction the appellants become transferees .....

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May 13 2005 (TRI)

Hero Honda Motors Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : May-13-2005

Reported in : (2006)103ITD157(Delhi)

..... as profits and gains of business. according to the assessee, the said amount was covered under section 28(iiic) of the act. according to the ao, it was only customs or excise duty repaid or repayable as drawback against expenditure under customs & central excise duty drawback rules, 1971, that is to be considered as income from business under section 28(iiic) of the ..... on short-term deposits will be treated as income from other sources. the assessee had during the relevant previous year availed rebate of customs duty for import of components against advance licence issued under the imports & exports (control) act, 1947, used for manufacture of motor-cycles amounting to rs. 1,51,89,229. the aforesaid amount was also taken into account by ..... decision referred to above, we hold that the excise duty benefit should form part of the income from business of the assessee while computing deduction under section 80hhc of the act. with regard to the customs duty and sales-tax having been included as part of the total turnover while computing deduction under section 80hhc of the ..... which the assessee gets under the advance licensing scheme is akin to the duty drawback as defined in the customs and central excise duties rules, 1971, and, therefore, the said income would fall within the ambit of section 28(iiic) of the act and, therefore, the same should be considered as business income. the cit(a) held that the rebate of duty .....

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Nov 18 2005 (TRI)

Deputy Commissioner of Income Tax Vs. Reebok India Company

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Nov-18-2005

Reported in : (2006)100TTJ(Delhi)976

..... .2.1 of the agreement (paper book 4) the manufacturer is an independent manufacturer under the agreement and its personnel and other representative shall not act as nor be agents or employees of purchaser and its customer. as an independent the manufacturer will be solely responsible for determining the means and methods for performing the required tasks. as per para 5.4 ..... book 18 to 40) as under : in performing obligations under this agreement, manufacturer is an independent manufacturer and its personnel and other representatives shall not act as nor be agents or employees of purchaser and its customer. as an independent manufacturer, manufacturer will be solely responsible for determining the means and methods for performing the required tasks. manufacturer shall have complete charge ..... stitched suit piece inasmuch as the object of the contract was to-transfer property in the stitched suit piece along with delivery of the suit by the tailor to the customer, all investments, whether of material or of skill and labour having been made by the tailor incidental to the fulfillment of the contract. yet another illustration is provided by ..... eliminating, nowadays, therefore, we have to see the intention of the customer and how the goods are supplied whether chattel-qua-chattel and if it is so, then it will be considered a 'sale' instead of 'works contract'.also there is no definition of contract or sale in the it act which can solve the present issue. therefore, to solve this issue we .....

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Jun 29 2005 (TRI)

Hero Honda Motors Ltd. Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jun-29-2005

Reported in : (2006)100TTJ(Delhi)394

..... ,29,757. the assessee took into consideration the said amount as 'profit of business' for the purpose of section 80hhc of the act. in order to understand the nature of such benefit, it is relevant to note that the custom duty incurred by the assessee normally enters into the cost of production. the cost of production of the finished goods normally comprises ..... 80hhc was available in respect thereof.11. in brief, the facts are that the assessee during the previous year had availed rebate of custom duty for import of components against advance licence issued under the import and export (control) act, 1947 used for manufacture of motorcycle amounting to rs. 66,29,757. the assessee considered the aforesaid amount for the purposes of ..... of asstt. cit v. pratibha syntex ltd. (1999) 63 ttj (ahd) 409 held that the benefit derived by the assessee of customs duty-free imports shall form part of export incentive under the provisions of section 28(iiib) of the act. it was accordingly canvassed that the said issue being identical to that dealt with by the tribunal in the earlier year ..... contended before the ao that the said amount fell within section 28(iiic) of the it act. however, the ao held that the aforesaid claim was not admissible under section 28(iiic) as the same covered only custom or excise duty repaid or repayable as drawback against expenditure under customs and central excise duty drawback rules, 1971.the ao, therefore, denied benefit of deduction .....

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May 04 2005 (TRI)

Punjab National Bank Vs. Dcit

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : May-04-2005

Reported in : (2006)280ITR270(Delhi)

..... maintaining separate heads of accounts of interest and interest tax recovered from the borrowers. the fact that no interest tax has separately been charged from the customers or declared in the accounts also becomes clear from a perusal of statement of interest earned. thus, there is no question of allowing any deduction ..... institutions thus was to adjust their interest rate charged from the borrowers to take care of the additional liability on account of levy of interest tax act which clearly meant that the interest rate hitherto charged was to be increased suitably to take care of levy of interest tax. in the present ..... before 1st october, 1991, will not be taxed the proposed tax will be allowed as a deduction in computing taxable income under the income tax act." para 97-98 as it is evident from the portion of the finance minister's speech as reproduced above, the intention to levy the interest ..... the assessee is in appeal before us.5. the id counsel for the assessee submitted before us that the interest tax levied under the interest tax act, 1991 by the bank as well as financial institutions was allowed to be reimbursed and accordingly, the assessee was entitled to collect interest tax from ..... the appellate company, even then no deduction on this account can be allowed as no such deduction has been provided for in the interest tax act. the argument that interest tax would not form part of interest earned by the appellant company also cannot be accepted because any interest earned by .....

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Jun 30 2005 (TRI)

Shahid Atiq Vs. Ito, Ward 5(8)

Court : Income Tax Appellate Tribunal ITAT Delhi

Decided on : Jun-30-2005

Reported in : (2005)97ITD22(Delhi)

..... of india v. paras laminates (p) ltd. (1990) 186 itr 722 (sc). in that case the hon'ble supreme court, while examining the powers of customs, excise & gold (control) appellate tribunal, observed as under: "there is no doubt that the tribunal functions as a court within the limits of its jurisdiction ..... scope of jurisdiction of income tax appellate tribunal in deciding the appeals and miscellaneous applications under sections 254(1) and 254(2) of the act and on the analytical appreciation of the propositions laid down in various decisions in relation to the powers of the tribunal referred to above, we ..... course, limited by the express grant and, therefore, it can only be of such powers as are truly incidental and ancillary for doing all such acts or employing all such means as are reasonably necessary to make the grant effective." in view of the above decision, the doctrine of incidental or ..... power to enhance the assessment which power has been specifically conferred upon the commissioner (appeals) under section 251(1)(a) of the income tax act and which power has been specifically denied to itat under proviso to section 254, which is as under: "provided that an amendment which has ..... a" requires reconsideration of the issue already adjudicated by the tribunal, i.e., validity of the notice issued under section 148 of the income tax act and consequently the validity of the assessment order, part "b" relates to remedy for issuing additional directions by amending the order of the tribunal. .....

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