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Judgment Search Results Home > Cases Phrase: customs act 1962 Court: income tax appellate tribunal itat mumbai Page 1 of about 570 results (0.072 seconds)

Jun 23 2005 (TRI)

B. Sorabji Vs. Ito, Ward 20(1)(2)

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)95ITD540(Mum.)

..... and the value of'such goods or merchandise declared in the shipping bill or bill of export as referred to in sub-section (1) of section 50 of the customs act, 1962 (52 of 1962), shall, for the purposes of this section, be deemed to be the sale proceeds thereof.(a) where the export out of india is of goods or merchandise manufactured ..... ' shall not include any transaction by way of sale or otherwise, in a shop, emporium or any other establishment situate in india, not involving clearance at any customs station as defined in the customs act, 1962 (52 of 1962); (b) 'export turnover' means the sale proceeds received in, or brought into, india by the assessee in convertible foreign exchange in accordance with clause (a) ..... 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); (ba) 'total turnover' shall 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): provided that in relation to any assessment year commencing on or after ..... the same with cogent reasons which need not be repeated. besides, export incentives, despite the purpose therefor, have been made taxable under the provisions of section 28 of the act.therefore, there is no question of treating them as exempt from tax on equitable grounds.apropos the second contention, we have to consider the language of a statutory provision as .....

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Jan 30 2006 (TRI)

Tomas Cook (India) Limited Vs. the Dy./Jt. Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2006)103ITD119(Mum.)

..... over its movement and to avoid hawala transactions, enlarged the meaning of the word "goods" under the customs act, 1962. hence, the definition under customs act, 1962, has to be understood for the purpose of that act only and cannot be extended to section 80hhc of the act.12. it is also well settled rule of interpretation that in case of ambiguity if two interpretations are ..... in section 80hhc would not include foreign currency.11. the definition of "goods" in the customs act, 1962, cannot be applied to interpret section 80hhc of the act. when customs act, 1962, was enacted the legislature was aware of the definition of the word "goods" under the sale of goods act, 1930. since legislature intended to the effect that foreign currency should not be physically remitted to ..... exchange falls within the ambit of the word "goods". it was submitted by him that such word has not been defined in the act and, therefore, reference can be made to the definition given under the customs act, 1962, which is reproduced below: in view of the above definition, it was submitted by him that foreign exchange is covered within the ..... currency was within the scope of the word "goods" in terms of section 2(22) of the customs act, 1962.this decision does not help the case of the assessee since the legislature has provided enlarged definition of the word "goods" under the customs act, 1962. such definition has specifically included the currency and encashable instrument. in view of such enlarged meaning of .....

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Apr 18 2006 (TRI)

Sm Energy Teknik and Electronics Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)109TTJ(Mum.)34

..... not include any transaction by way of sale or otherwise, in a shop, emporium or any other establishment situate in india, not involving clearance at any customs station as defined in the customs act, 1962 (52 of 1962).it was further stated on behalf of the assessee that the explanation referred specifically and only to the purchase of goods in a shop, emporium, or ..... tribunal in the case of hindustan level ltd. v. iac (1996) 56 ttj (bom) 598 : (1996) 58 itd 555 (bom) where relying upon section 2(18) of the customs act, 1962, the tribunal held that to qualify for deduction under section 80hhc, the exports must be from india. it was submitted that when this decision was given, the tribunal did not ..... imported into or occasionally, exported out of its frontiers. this concept was enacted into an act as customs act, 1962/customs tariff act, 1975, etc. which enabled the state to collect customs duty and prevent import export of goods listed in so-called negative list. therefore, it was submitted that the customs act, 1962, etc. has no role to pay as the merchanting trade transactions as they are ..... bangladesh was a business activity of "export out of india". the term "export" has not been defined under the it act.however, it has been defined in the customs act, 1962 and the foreign trade (regulation & development) act, 1992 (ftrda, 1992). in section 2(18) of the customs act, the word "export" has been defined as: (18) 'export', with its grammatical variations and cognate expressions, means .....

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Jun 23 2005 (TRI)

B. Sorabji Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)96TTJ(Mum.)524

..... and the value of such goods or merchandise declared in the shipping bill or bill of export as referred to in sub-section (1) of section 50 of the customs act, 1962 (52 of 1962), shall, for the purposes of this section, be deemed to be the sale proceeds thereof. (a) where the export out of india is of goods or merchandise ..... " shall not include any transaction by way of sale or otherwise, in a shop, emporium or any other establishment situate in india, not involving clearance at any customs station as defined in the customs act, 1962 (52 of 1962) : (b) "export turnover" means the sale proceeds received in, or brought into, india by the assessee in convertible foreign exchange in accordance with cl. (a ..... 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) : (ba) "total turnover" shall 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) : provided that in relation to any assessment year commencing on or after ..... the same with cogent reasons which need not be repeated. besides, export incentives, despite the purpose therefor, have been made taxable under the provisions of section 28 of the act.therefore, there is no question of treating them as exempt from tax on equitable grounds.64. apropos the second contention, we have to consider the language of a statutory provision .....

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Jan 20 2005 (TRI)

Anil L. Shah Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)95TTJ(Mum.)216

..... as under: "(ba) 'total turnover' shall 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) : provided that in relation to any assessment year commencing on or after the 1st april, 1991, the expression 'total turnover, shall ..... such income is derived from the industrial undertaking. with regard to the issue of duty drawback, perusal 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 ..... duty is paid, it directly affects the profits of industrial undertaking inasmuch as it is debited to manufacture and p&l a/c. 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 ..... amounting to rs. 21,732 and export freight recovered amounting to rs. 9,57,608 while calculating the admissible deduction under section 80-i of the act; (b) ignoring the fact that duty drawback insurance and export freight are the incentives granted as a consequence to export sales, i.e., the .....

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Sep 07 2007 (TRI)

Vijay C. Kamdar Vs. Income Tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

..... and the value of such goods or merchandise declared in the shipping bill or bill of export as referred to in sub-section (1) of section 50 of the customs act, 1962 (52 of 1962), shall, for the purposes of this section, be deemed to be the sale proceeds thereof] (a) where the export out of india is of goods or merchandise manufactured ..... " shall not include any transaction by way of sale or otherwise, in a shop, emporium or any other establishment situate in india, not involving clearance at any customs station as defined in the customs act, 1962 (52 of 1962) ;] (b) "export turnover" means the sale proceeds (, received in, or brought into, india] by the assessee in convertible foreign exchange fin accordance with clause (a ..... 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);] [(ba) "total turnover" shall 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): provided that in relation to any assessment year commencing on or after ..... variations and cognate expressions means taking out of india to a place outside india. as per section 2 (27) of the customs act, 1962, 'india' includes the territorial waters of india. as per section 2 (28) of the act indian customs waters' means the water extending into sea up to the limit of contiguous zone of india under section 5 of the territorial .....

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Dec 14 1999 (TRI)

Ankit Diamonds Vs. Income-tax Officer

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2000)75ITD329(Mum.)

..... 1-4-1987 which reads thus : (ba) "total turnover" shall 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) : provided that in relation to any assessment year commencing on or after the 1st day of april, 1991, the expression "total turnover" shall have effect as ..... ". it merely states what items should not form part of the "total turnover". these items are freight, or insurance attributable to the transport of the goods or merchandise beyond the customs station. according to the explanation, the export incentives are excluded from the expression "total turnover" from the assessment year 1991-92 and onwards. as stated earlier, the above explanation ..... language of the expression "total turnover" as extracted above, it is obvious that it merely states that freight or insurance attributable to the transport of goods or merchandise beyond the customs station shall not form part of the 'total turnover'. export incentives have also been excluded from the definition the term "total turnover" for and from the assessment year 1991- ..... "total turnover" did not arise at all. we are, therefore, of the view that the assessing officer was perfectly justified in invoking the provisions of sec. 154 of the act in amending the admissible deduction under section 80hhc by including the aggregate amount of bills of labour charges in total turnover of the business of the assessee. in this view .....

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Mar 22 2004 (TRI)

ito Vs. Pukhraj N. Jain

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)95ITD281(Mum.)

..... be the owner of the goods. it may also be noted that under section 138a there is a provision for presuming in any prosecution for an offence under the customs act, 1962 requiring the culpable mental state on the part of the accused, that such accused had the required culpable mental state though the accused could furnish defence to rebut the ..... the gold act, 1968 on knj and assessee (pukhraj jain) etc. the statement of knj (pages ..... . proceedings under the provisions of customs act were initiated wherein order of the customs collector dated 31-5-1988 (pages 59 to 70 of the paper book) was passed, wherein the customs collector confiscated the gold as being improperly imported into india from abroad under section 111, customs act, 1962. he also imposed penalties under section 112 of the customs act, 1962 and also under section 74 of ..... in the carrying, removing, deposing, keeping concealing, selling or purchasing etc. of such goods. as such, the person, liable for imposition of penalty under section 112 of the customs act, may be the person being in anyway concerned with the goods, which are improperly imported into india from outside. the above provision, in no way, requires the concerned person to .....

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Feb 23 1999 (TRI)

Pink Star Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2000)72ITD137(Mum.)

..... which we reproduce below for immediate reference : "(ba) "total turnover" shall 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) : provided that in relation to any assessment year commencing on or after the 1st day of april, 1991, the expression "total turnover" shall have effect as ..... . (i) ltd. (supra), the bombay high court was considering the issue as to whether processing of diamonds would constitute an industry under section 2(8)(c) of the finance act, 1975.it held that cutting and polishing of diamonds may not be a manufacturing activity, but it certainly amounted to processing and processing being a wider term than manufacturing, it ..... immediate reference, we reproduce below the said clauses : cl. (iiia) "profits on sale of a licence granted under the imports (control) order, 1955, made under the imports and exports (control) act, 1947 (18 of 1947); cl. (iiib) cash assistance (by whatever name called) received or receivable by any person against exports under any scheme of the government of india; cl. (iiic ..... on sale of licences were in respect of those licences which the assessee itself has received under the imports (control) order, 1955, made under the imports and exports (control) act, 1947 (18 of 1947)." 3. in this connection it was stated by the ld. counsel that assessee had received certain licences from the joint chief controller of imports against its .....

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Jul 09 2007 (TRI)

Deputy Cit Vs. Haria Exports Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)112ITD203(Mum.)

..... 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)". as stated earlier, the assessee, in the present case, has neither received in nor brought into india the sale proceeds ..... way of sale or otherwise, in a shop, emporium or any other establishment situate in india, not involving clearance at any customs station as defined in the customs act, 1962 (52 of 1962)". in the present case, the goods have been transferred by the assessee to the said sister concerns situated in india, not ..... involving clearance at any customs station as defined in the customs act and hence the goods so transferred to the sister concerns cannot be ..... does not in terms require the exporter to be the owner of the goods. even section 2(18) of the customs act does not include the idea of ownership within the definition of the word 'export'. this may be contrasted with section 5(3) of the ..... and conditions were specified. according to the agreement, all the payments against exports were to be received by the sister concerns directly from the customers and so also the duty drawback from the government of india. likewise all the aforesaid sister concerns were required to incur expenses like bank charges .....

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