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Judgment Search Results Home > Cases Phrase: dharma hindu law Sorted by: old Court: income tax appellate tribunal itat pune Year: 2000 Page 1 of about 17 results (0.077 seconds)

Jan 27 2000 (TRI)

Khopade Kisanrao Manikrao Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Jan-27-2000

Reported in : (2000)74ITD25(Pune.)

..... opinion on the specified point(s). the questions are framed in accordance with rules for identifying the dispute but it is well settled principle of law that the rules cannot restrict the scope of the powers conferred under the statute. therefore the rules do not have the effect of curbing the ..... rules of evidence and the like and that he may act on material which may not strictly speaking be accepted as evidence in a court of law. such evidence need not necessarily be direct evidence. it may be circumstantial evidence or assessment based on preponderance of probabilities judged by human conduct. for ..... the officer. the word "evidence" has to be construed in a comprehensive sense and it includes circumstantial evidence. it is well settled principle of law that the material or evidence on which the taxing authorities may base the assessment is not confined to direct testimony by witnesses. it may be reiterated ..... us and any decision taking a contrary view has to be ignored. therefore, it is not necessary for me to discuss or distinguish the case law referred to by the parties and my learned brother in his proposed order. it would be also useful to note that my id. brother has ..... . it therefore, follows that what has assessee had already disclosed or would have disclosed is not to be treated as undisclosed income.the maximum of english law as propounded by holroyd, j. prescribes : "it is better than the guilty men should escape rather than one innocent should suffer". the principle of .....

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Jan 27 2000 (TRI)

Khopade Kisanrao Manikrao Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Jan-27-2000

..... opinion on the specified point(s). the questions are framed in accordance with rules for identifying the dispute but it is well settled principle of law that the rules cannot restrict the scope of the powers conferred under the statute. therefore, the rules do not have the effect of curbing the ..... rules of evidence and the like and that he may act on material which may not strictly speaking be accepted as evidence in a court of law. such evidence need not necessarily be direct evidence. it may be circumstantial evidence or assessment based on preponderance of probabilities judged by human conduct. for ..... before the officer.the word "evidence" has to be construed in a comprehensive sense and it includes circumstantial evidence. it is well settled principle of law that the material or evidence on which the taxing authorities may base the assessment is not confined to direct testimony by witnesses. it may be ..... us and any decision taking a contrary view has to be ignored. therefore, it is not necessary for me to discuss or distinguish the case law referred to by the parties and my learned brother in his proposed order. it would be also useful to note that my learned brother has ..... therefore, follows that what has assessee had already disclosed or would have disclosed is not to be treated as undisclosed income." 29. the maxim of english law as propounded by holroyd, j. prescribes : "it is better than ten guilty men should escape rather than one innocent should suffer". the principle of justice .....

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Feb 16 2000 (TRI)

M.B. Chemicals Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Feb-16-2000

Reported in : (2000)76ITD1(Pune.)

..... excise act will certainly amount to manufacturing, just as there is no rule that the process of obtaining an item which is not cxicseable under excise law cannot amount to manufacture.17. one of the arguments raised by the learned counsel was that in the earlier two assessment years the assessee had ..... on 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 arc by them are justified by their business deductions, notwithstanding the fact that such payments are illegal or opposed ..... claim of 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 cit(a) though appreciated the assessee's firm's stand, but instead of deciding the issue at ..... definition. accordingly, we are of the view that said decision cannot be applied to the present case.43. 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 ..... is a word of everyday use must be understood in the sense in which it is understood in general usage. as craies observed in its statute law, sixth edition, at page 163, it must be construed in its popular sense meaning "that sense which people conversant with the subject-matter with which .....

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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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Mar 22 2000 (TRI)

Deputy Commissioner of Vs. Nasik Gymkhana

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Mar-22-2000

Reported in : (2001)77ITD500(Pune.)

..... be voluntary if it is done by free choice, of one's own accord, without compulsion or obligation, without valuable consideration, gratuitous etc. reference can be made to black's law dictionary and webster's unabridged dictionary. there is no material on the record to suggest that such donations were given against the will of the donors or by any compulsion .....

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Mar 23 2000 (TRI)

Kinetic Honda Motor Ltd. Vs. Joint Commissioner of Income-tax

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Mar-23-2000

Reported in : (2001)77ITD393(Pune.)

..... in marketing, supply of critical components and use of extensive marketing network of honda for exports.42. the agreement was duly approved by the government of india as required by law and the entire royalty paid was allowed as permissible business expenditure in earlier years.43. during the course of assessment proceedings, the assessing officer noted that royalty was payable by .....

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Jun 27 2000 (TRI)

Balaji Traders Vs. Deputy Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Jun-27-2000

Reported in : (2001)78ITD368(Pune.)

..... are unable to accept this contention also. if such contention is accepted, then provision of section 269ss read with section 271d would become redundant. it is the settled position of law that the interpretation which makes the section workable should be preferred rather than the interpretation which makes the section redundant.9. however, we find force in the last submission of ..... brought on statute to counter the tax evasion and therefore, the genuine transaction do not fall within the ambit of section 269ss. we are unable to accept such proposition of law. it is the cardinal rule of interpretation that where the language of a statute is plain and unambiguous, the intention of the legislature is to be gathered from the language ..... loan/deposit in cash and also repaid the same in cash, (2) that every person is obliged to act not only in accordance with the law of land, but also in such manner that no provisions of law are violated, (3) when the lenders had no bank a/c., the assessee itself would have taken due care and efforts to ensure that .....

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Jul 18 2000 (TRI)

Ambika Enterprises Vs. Asstt. Cit

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Jul-18-2000

Reported in : (2001)79ITD473(Pune.)

..... application of one or more processes, the raw material undergones some change. to say this is to equate 'processing' to 'manufacture' and for this we can find no warrant in law. the word 'manufacture' used as a verb is generally understood to mean as 'bringing into existence a new substance' and does not mean merely to produce some change in a ..... by assessee was of manufactured goods. it was held by the apex court that such activity did not amount to manufacture.in view of the above discussion and various case-laws referred to by us, it is held that activity carried on by assessee did not amount to manufacture and therefore, the assessee is not entitled for deduction under section 80 .....

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Jul 18 2000 (TRI)

Ambika Enterprises Vs. Assistant Commissioner of

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Jul-18-2000

..... application of one or more processes, the raw material undergones some change. to say this is to equate 'processing' to 'manufacture' and for this we can find no warrant in law. the word 'manufacture' used as a verb is generally understood to mean as 'bringing into existence a new substance' and does not mean merely to 'produce some change in a ..... assessee was of manufactured goods. it was held by the apex court that such activity did not amount to manufacture.9. in view of the above discussion and various case-laws referred to by us, it is held that activity carried on by assessee did not amount to manufacture and therefore, the assessee is not entitled for deduction under section 80 .....

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