Court : Income Tax Appellate Tribunal ITAT Cochin
Reported in : (1989)29ITD339(Coch.)
..... according to the learned representative for the assessee, the exemption under section 5(3) of the central sales tax act is available only when the assessee establishes the conditions laid down therein and that till such a situation arises, there would be ..... in favour of the assessee and it has been summed up as follows : the assessee will be entitled to exemption from purchase tax by-virtue of section 5(3) of the cst act only when it is able to show that the assessee had purchased the goods for the purpose of fulfilling the existing contracts for export. ..... the authority under the sales tax act has, by an assessment dated 23-8-1982, held that the exemption under section 5(3) of the central sales tax act was available to the assessee and he has been accordingly given relief in the ..... officer under the sales tax act hold that there was no liability to tax, it would be fallacious to allow a fictitious liability made on the basis of an apprehension that exemption under section 5(3) of the central sales tax act may not be granted. ..... by establishing the conditions specified in section 5(3) of the central sales tax act, the assessee demonstrated that there was no liability and this is recognised by the assessing ..... itd 175 wherein deduction of the provision made for purchase tax in a business of purchase and export of marine products was held to be not available under section 37(1) of the income-tax act and it is pointed out therein that there was no liability existed to pay sales tax. ..... , board of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT
Reported in : (1984)10ITD210(Bang.)
..... after the introduction of section 5(3) in the central sales tax act by the central sales tax (amendment) act, 1976, the coffee board issued the following circular : as all exporters are aware, a new sub-section (3) has been added to section 5 of the central sales tax act, 1956 (hereinafter referred to as 'the act') by the amending act, 108 of 1976 ..... contention urged by counsel for the petitioners that the word 'order' in this phrase can mean or refer to an order, direction, mandate, command or authorisation to export that may be issued by a statutory body like the coffee board for two reasons : first, occurring in a sales tax statute the word must be given its commercial meaning and, secondly, while enacting the provision parliament could not be said to have only statutory bodies like ..... however, the exporters do not choose to make a contingency deposit, they could adopt either of the following two alternatives to cover their liability towards sales tax : (a) the exporters may furnish a bank guarantee to the board as per the specimen enclosed, for the amount of sales tax involved in respect of their purchases in such auction and for which they propose to seek the benefit of exemption from liability. ..... assessee maintaining the books on the mercantile system of accounting is entitled to claim a deduction in the year in which the liability arises notwithstanding the fact that he has taken steps to dispute his liability and he fails or omits to make entries in his books of account- cit v. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (1995)54ITD612(Hyd.)
..... the board of revenue, central sales-tax was eligible on such sales inasmuch as the sales fell under section 3(b) of the central sales- ..... shall be bound by and shall pay the board maximum demand charges, energy charges, surcharges, meter rents and ..... which the power is to be supplied, the relationship between the apseb and the consumer is not contractual.for, as already pointed out, the fixation of tariff is governed by sections 49, 59 and 78 of the electricity (supply) act, ..... by law imposed on the consumer of electricity without their consent.it may here be mentioned that since the liability is imposed by virtue of the relevant provisions of the statue, viz the electricity (supply) act, 1948, the liability may well be given the short-hand name of "statutory liability ..... and terms and conditions of supply we further undertake to comply with all the requirements of the indian electricity act, 1910, the electricity (supply) act, 1948, the rules thereunder, provisions of the tariffs, scale of miscellaneous and general charges and the terms and conditions of supply prescribed by the board from time to time and agree not to dispute the same.from the date of his agreement comes into force we .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (2004)1SOT44(Mum.)
..... and argued that according to the circular, after amendment by finance act, 1988, any cess or fees which have been imposed by any statutory authority would fall in the ambit of section 43b and would be allowed as deduction only when actually paid. ..... we may, however, observe that the bar against deduction without actual payment under the provisions of section 43b is at best applicable to the fee payable to sebi and the same cannot be automatically extended to the amounts refundable to the clients.in view of the discussion in the foregoing paragraphs we hold that the ..... the patna high court further noted that under section 80 of the cess act, the lessee was liable to pay only 50 per cent and the landlord was liable to pay the other ..... over the extent of liability owed to sebi and, therefore, the same did not constitute any trading receipts in the hands of the assessee the further question relating to the applicability of the provisions of section 43b has been rendered academic and we need not go into the same. ..... itat hyderabad bench also did not apply because unlike state electricity board the levy of sebi was not for any specific service. ..... its turn, was assessed under the central sales tax act and paid the tax. ..... 136.87 a quintal fixed by the central government, which amount was actually realised by it, did not constitute its income and hence was not liable to be included in its total ..... the assessee had actually made the payment of sales tax under the provisions of the central sales tax act. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1989)28ITD349(Delhi)
..... shri satish kumar modi a partner in m/s synfibre sales corporation and also one of the directors in the assessee-company signed the accounts of the firm and was also present in the board's meeting, clearly prove that the assessee's contention is patently false and contrary to facts and cannot be accepted as true.the income-tax officer also relied upon another circumstance, namely, that ..... general sales tax act, 1958, and section 9(2) of the central sales-tax act, 1956.in this case the assessee did not include freight in its turnover on the ground that according to its interpretation of the word ..... satish kumar modi was also a director of the assessee-company and who was present both at the time of finalisation of the firm's accounts and also when the board of directors of the assessee-company held their meeting, took the decision not to give credit for the commission. ..... of the assessee-company was that on 30-9-1976 a meeting of the board of directors took place, which was also attended to by shri satish kumar modi, who happened to be the partner of the firm and in this meeting the following resolution was passed :-- the chairman informed the board that for the year ended on 30-4-1976, profit before provision for ..... commissioner did so for the assessment year 1977-78, both of them relying upon board of directors' resolution holding that the assessee held this belief bona fide.independent departmental authorities had thus considered these circumstances and arrived at a conclusion that the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Pune
Reported in : (1993)47ITD72(Pune.)
..... in many cases and the certificates issued in old form are not being accepted by the assessing officer for allowing credit for tax deducted.thus, it is clear that in view of the various representations received by the board and in view of the hardship caused to the taxpayers and in view of the fact that penalty is exorbitant vis-a-vis tax deducted at source, the aforesaid amendment has been introduced by way of proviso.therefore, it is abundantly clear ..... in this view of the matter, therefore, the contention of the learned departmental representative that the deduction of tax and payment of tax and filing of returns under section 206 are the obverse and converse of the same coin is not acceptable, in view of the reality of the situation stated above, a fact which has been duly taken note of by the dy. ..... the supreme court has considered the scope of explanation 2 inserted by the finance act, 1979 in section 64(2) in the case of p.doraiswamy chetty (supra) and held at page 160 head notes that the assessee was entitled to carry forward to subsequent years not only his share but also share of his wife in the ..... 50,000 value, a token penalty could be levied as the assessee who was a contractor was under the impression that section 285a was not attracted in his case.reliance was placed on the order of the tribunal, e-bench, delhi in the case of northern (india) tiles corporation v. ..... under the law as amended, if an assessee has paid sales-tax, additional sales-tax, central sales-tax etc. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Pune
Reported in : (2001)70TTJ(Pune.)77
..... ; and we have considered the rival submissions and perused the facts on record.section 194c(1) provides that any person responsible for paying any sum to any resident (referred to as contractor) for carrying out any work (including supply of labour for carrying out any work) in pursuance of a contract between the contractor and : (c) any corporation established by or under a central, state or provincial act; or shall, at the time of credit of such sum to the account ..... contended before the assessing officer that the assessee was not liable to deduct tax at source in view of the central board of direct taxes circular 681, dt ..... . the passing of property in the goods used to the madhya pradesh electricity board was, by the very nature of things, only incidental or ancillary to the ..... in view of the board's circular, it is also clear that the concepts of work contract and sale as envisaged under the sales-tax laws have been imported in considering and interpreting section 194c by the department itself.in state of himachal ..... high court, therefore, held that supply of printed material to the madhya pradesh electricity board by the assessee was not a sale but a works contract ..... . the principal object of the madhya pradesh electricity board was to get the material printed and not to ..... the income tax officer then referred to the board's letter dated 29-11-1996, in the case of ..... 8-3-1991, which was issued by the board after the pronouncement of the judgment of the supreme court in the case of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT
Reported in : (1983)5ITD395(Bang.)
..... sales tax (amendment) act, 1976 with effect from 1-4-1976. ..... down.when the supreme court by its order dated 15-4-1980 declared that certain liabilities resulting from a circular order of the coffee board to be invalid, it does not mean that these liabilities existed from 7-2-1977 when the circular order was issued till 15-4-1980 when the ..... act on all sales of goods other than electrical energy effected by him in the course of inter-state trade or commerce during any year on and from the date so notified : provided that a dealer shall not be liable to pay tax under this act on any sale of goods which in accordance with the provisions of sub-section (3) of section 5, is a sale in the course of export of those goods out of the territory of india.sub-section (3) of section 5 was inserted by section 3 of the central ..... the above discussion it is clear to us that in the penultimate sales (sales of coffee effected to the registered exporters at export auctions conducted by the coffee board) the property in the coffee sold thereat passes to the buyer immediately upon payment of full price, weighment and setting apart of the coffee for delivery to ..... 1948 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Cochin
Reported in : (1985)14ITD224(Coch.)
..... is as under : (4) this section applies to any industrial undertaking which fulfils all the following conditions, namely :- (iii) it manufactures or produces articles, or operates one or more cold storage plant or plants, in any part of india, and has begun or begins to manufacture or produce articles or to operate such plant or plants, at any time within the period of thirty-three years next following the 1st day of april, 1948, or such further period as the central government may, by notification ..... judicial decisions cited have clearly held that whatever be the general understanding of the expression 'manufacture' or 'production' in other statutes as far as the act is concerned in the light of the fifth schedule and the items therein, processed fish even as processed seeds would constitute an article of production. ..... the two cannot even be said to be the same for the purposes of section 80j or the other sections of the act in question.to do so would lead to as much an absurdity as to say that a live man is the same as the flesh of a man or a live goat is the same as meat.we have no doubt that even at this stage what was an animal alive or ..... however, in his view the ito had not discussed in the assessment order all other aspects of the matter he directed the ito to look into the claim and to determine the deduction under section 80j on the basis that in producing processed marine products the asssssee was 'running an industrial undertaking'. ..... member, board of revenue 1 stc 157 (cal .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Amritsar
Reported in : (2005)97TTJ(Asr.)1101
..... documents seized during the course of search for which the assessee failed to rebut the presumption raised under the law that contents of the documents seized were "correct; he further referred to the provisions of section 92 of the income-tax act which was rightly invoked in the present case because of assessee's close connections with the foreign countries through whom transactions of under invoicing were routed. ..... swani pilkington ltd (2003) 133 taxman 717, where it was held that in a case where the show cause notice issued by the central excise authorities which contained annexures which were made basis of show cause notice issued by the income-tax department to assessee for making addition to income of assessee's company, had been set aside by ..... in appeal by the sales-tax authorities, no addition under the income-tax act could be made (copy placed at pages 116 to 121 of the paper book).he also relied on the judgment of hon'ble punjab & haryana high court in the case of somani pilkington's ltd; reported in (2003) taxman 133 page 717 where showcause notices issued by the central exicse, which contained annexures, which were made basis of show cause notice issued ..... in this regard, he placed a copy of tribunal's letter dated 2.4.98 and cit, central, ludhiana's letter dated 25.05.2005 stating that the order of the tribunal was served on ..... the date of service for this purpose is to be reckoned from the date of service to cit (central) which was 6.4.98 and the same falls within time. .....
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