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Judgment Search Results Home > Cases Phrase: dharma hindu law Sorted by: recent Court: income tax appellate tribunal itat pune Year: 2000 Page 1 of about 17 results (0.106 seconds)

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 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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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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Sep 20 2000 (TRI)

Gift Tax Officer Vs. Smt. Sushilabai Himmatmal Jain

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Sep-20-2000

Reported in : (2002)81ITD273(Pune.)

..... of the madras high court in kondal row v. iswara sanyasi (1911) 33 mlj 63 in which essentials of a sanyasi and its incidents according to hindu law have been discussed.6. the assessee appealed to the dy. cgt(a). the assessee filed before the learned dy. cgt(a) new evidence in the ..... 4(1)(c) of the gt act are not applicable.11. as regards the controversy whether the adoption was valid as per section 11 of the hindu adoptions and maintenance act, we find that the dy. cgt(a) has rightly set the controversy at rest by accepting additional evidence after giving an ..... june, 1982. as held by the madras high court in his holiness sri la-sri shanmugha desika gnanasambanda paramacharya swamigal's case (supra), when a hindu takes up sanyas. his action tantamounts to civil death, and after such civil death, the individual's relationship with his family comes to an end and ..... , and observed that in view of the certificate from shri porwal jain sangh, sheoganj, the assessee had fulfilled all the conditions in section 10 of the hindu adoptions and maintenance act and there was a valid adoption by smt. sushilabai. thereafter, the learned dy cgt(a) observed that all the properties belonging to ..... by smt. sushilabai is not disputed by the gto. but according to him, certain conditions of adoption are not fulfilled.5. section 11 of the hindu adoption and maintenance act, 1956, requires that adoption must be made in compliance with the conditions mentioned in the said section. this section lays down six .....

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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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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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Jul 18 2000 (TRI)

Ambika Enterprises Vs. Assistant Commissioner of Income

Court : Income Tax Appellate Tribunal ITAT Pune

Decided on : Jul-18-2000

..... application of one or more processes, the raw material undergoes 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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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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