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Judgment Search Results Home > Cases Phrase: dharma hindu law Court: income tax appellate tribunal itat pune Year: 2000 Page 2 of about 17 results (0.187 seconds)

Feb 16 2000 (TRI)

M.B. Chemicals Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Feb-16-2000

Reported in : (2001)76ITD1(Pune.)

..... been effected to pharmaceutical companies. there is merit in the contention of the learned departmental representative that a decision under sales-tax or excise laws in favour of the assessee is not decisive of the matter for ascertaining whether the process involved amounts to manufacture or not. that is because ..... special definition. accordingly, we are of the view that said decision cannot be applied to the present case.in view of the materials and case law discussed above, it is my considered view that "candy sugar" is different and distinct commodity in view of the various tests laid down by ..... the expenditure for staff who accompanied the visitors and on the balance disallowance under section 37(2) may be computed as per the provisions of law. this ground accordingly succeeds in part."the learned commissioner (appeals) though appreciated the assessee's firm's stand, but instead of deciding the issue ..... to the consumer public... it would be short sighted and myopic to hold that the businessmen are entitled to conduct their business even contrary to law and that, so long as the payments are by them are justified by their business deductions, notwithstanding the fact that such payments are illegal ..... will certainly amount to manufacturing, just as there is no rule that the process of obtaining an item which is not excisable under excise law cannot amount to manufacture.one of the arguments raised by the learned counsel was that in the earlier two assessment years the assessee had been .....

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Mar 16 2000 (TRI)

M. B. Chemicals Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Mar-16-2000

..... have been effected to pharmaceutical companies. there is merit in the contention of the learned departmental representative that a decision under sales-tax or excise laws in favour of the assessee is not decisive of the matter for ascertaining whether the process involved amounts to manufacture or not. that is because ..... definition. accordingly, we are of the view that said decision cannot be applied to the present case.73. in view of the materials and case law discussed above, it is my considered view that "candy sugar" is different and distinct commodity in view of the various tests laid down by the ..... of the expenditure for staff who accompanied the visitors and on the balance disallowance under s. 37(2) may be computed as per the provisions of law. this ground accordingly succeeds in part. "the learned cit(a) though appreciated the assessee-firm's stand, but instead of deciding the issue at ..... to the consumer public ...... it would be short-sighted and myopic to hold that the businessmen are entitled to conduct their business even contrary to law and that, so long as the payments are by them are justified by their business deductions, notwithstanding the fact that such payments are illegal or ..... act will certainly amount to manufacturing, just as there is no rule that the process of obtaining an item which is not excisable under excise law cannot amount to manufacture.32. one of the arguments raised by the learned counsel was that in the earlier two assessment years the assessee had .....

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Aug 10 2000 (TRI)

Smt. Aruna A. Brat Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Aug-10-2000

Reported in : (2002)75TTJ(Pune.)675

..... bhat, and the assessee was bound to protect such interest of the minor children till the attendant of majority. according to section 8 of hindu minority and guardianship act, 1956, natural guardian has to do all acts which, are necessary or reasonable and proper for the benefit of the ..... evident from the facts enumerated supra, no colourable device was adopted by the assessee and whatever the assessee did she did within the framework of law. hence, the reliance placed by the learned departmental representative on the decision of the hon'ble supreme court in the case of mcdowell & co ..... was share in immovable property is totally baseless. accordingly, we hold that the commissioner (appeals) is not justified either on facts or in law in making out an entirely new case totally unsupported by any factual evidence.in the course of hearing, the learned departmental representative referred to the ..... document which admittedly is not the case. the learned counsel, therefore, submitted that the commissioner (appeals) was not justified either on facts or in law in making out an entirely new case totally unsupported by any factual evidence. in support of his arguments, the learned counsel relied upon the following ..... hon'ble supreme court in the case of addl. cit v. mohanbhai pamabhai (supra), the bombay high court judgments are no longer good law and that the detailed note explaining the legal position was also submitted. the commissioner (appeals) made out an entirely new and different case. .....

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Nov 13 2000 (TRI)

Wadilal Dairy International Ltd. Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Nov-13-2000

Reported in : (2001)70TTJ(Pune.)77

..... under the sales-tax laws have been imported in considering and interpreting section 194c by the department itself.in state of himachal pradesh v. associated hotels of india ltd. (supra), following passage at page 479 ..... , sales-tax and excise duty are being levied. thus the payment of sales-tax and excise duty by supplier, though not conclusive, is clearly indicative of the fact under those laws, the transaction is considered to be that of sale. in view of the board's circular, it is also clear that the concepts of work contract and sale as envisaged ..... or imply that any work has been carried out on behalf of the contractee. a distinction between a sale and works contract is very significant particularly under the sales-tax laws. before the introduction of tax on work contract, the sales-tax was levied on sales and it could not be levied on works contract. what is the exact scope of ..... hindustan aeronautics ltd. v. state of karnataka (supra), on p. 323, the apex court has referred with approval the statement of law in benjamin's treatise on the law of sale of personal property with reference to the french code and civil law, wherein certain principles have been laid down. these have been stated as under : "1. a contract whereby a chattel is .....

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Nov 13 2000 (TRI)

Wadilal Dairy International Ltd. Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Nov-13-2000

Reported in : (2002)81ITD238(Pune.)

..... under the sales-tax laws have been imported in considering and interpreting s. 194c by the department itself.in state of himachal pradesh vs. associated hotels of india ltd. (supra), following passage at p. 479 ..... , sales-tax and excise duty are being levied. thus the payment of sales-tax and excise duty by supplier, though not conclusive, is clearly indicative of the fact under those laws, the transaction is considered to be that of sale. in view of the board's circular, it is also clear that the concepts of work contract and sale as envisaged ..... or imply that any work has been carried out on behalf of the contractee. a distinction between a sale and works contract is very significant particularly under the sales-tax laws. before the introduction of tax on work contract, the sales-tax was levied on sales and it could not be levied on works contract. what is the exact scope of ..... hindustan aeronautics ltd. vs. state of karnataka (supra), on p.323, the apex court has referred with approval the statement of law in benjamin's treatise on the law of sale of personal property with reference to the french code and civil law, wherein certain principles have been laid down. these have been stated as under : "1. a contract whereby a chattel is .....

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Oct 03 2000 (TRI)

Taparia Tools Ltd. Vs. Joint Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Oct-03-2000

Reported in : (2002)81ITD508(Pune.)

..... tax planning was not within the framework of law, because it was against the letter of spirit of the judgment of the hon'ble supreme court in the case of madras industrial investment co. (supra ..... valid tax planning. we do agree with the learned counsel that in mcdowell & co. (supra) the judgment is that tax planning within the framework of law is legitimate and it is only colourable devices and dubious methods that are to be discouraged. but in the case before us, as pointed out above, ..... it is the prerogative of the businessman to run his business, but decisions have to be in tune with accepted accounting principles and within the four corners of law. in cit v. duiga prasad more (1971) 82 itr 540 (sc), the hon'ble supreme court has held as under : "taxing authorities were not ..... conforms to accepted accounting principles and legal position, the second option is not the correct option both in the eyes of principles of accounting and provisions of law. in batiiboi's "principles and practice of auditing", following treatment has been given to the allowance of interest on debentures ; "when debentures are issued at ..... 171 of 154 itr 148). with respect, it was submitted that the judgment justice chinappa reddy on tax avoidance refers to the development of the law in england from time to time, whereas the judgment of the other 4 learned judges lays down its application in the indian context. it may be .....

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Oct 03 2000 (TRI)

Taparia Tools Ltd. Vs. Joint Cit

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Oct-03-2000

Reported in : (2002)74TTJ(Pune.)229

..... tax planning was not within the framework of law, because it was against the letter of spirit of the judgment of the honble supreme court in the case of madras industrial investment co. (supra) ..... tax planning. we do agree with the learned counsel that in mcdowell & co. (supra), the judgment is that tax planning within the framework of law is legitimate and it is only colourable devices and dubious methods that are to be discouraged. but in the case before us, as pointed out above, ..... is the prerogative of the businessman to run his business, but decisions have to be in tune with accepted accounting principles and within the four corners of law. in cit v. durga prasad more (1971) 82 itr 540 (sc), the honble supreme court has held as under : "taxing authorities were not ..... conforms to accepted accounting principles and legal position, the second option is not the correct option both in the eyes of principles of accounting and provisions of law. in batlibois "principles and practice of auditing", following treatment has been given to the allowance of interest on debentures : "when debentures are issued at ..... the debenture-holders as refund/repayment of capital, the learned commissioner (appeals) has sought to rewrite the agreement with the debenture-holders, which is not possible in law in view of cit v. khaitan & co. (1962) 45 itr 170 (cal), cit v. bibuti bhushan dutt (1963) 48 itr 233 (cal).coming .....

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