Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1991)37ITD13(Delhi)
..... appellant is a public limited company engaged in the manufacture of ford-3600 tractors in collaboration with ford motor company, usa.during the calendar year which is the previous year for assessment year 1981-82, assessee imported certain articles and claimed exemption/confessional levy under the first schedule to customs tariff act, 1975. ..... is not levied, the date on which the proper officer makes an order for the clearance of the goods; (b) in a case where duty is provisionally assessed under section 18, the date of adjustment of duty after the final assessment thereof; (c) in a case, where duty has been erroneously refunded, the date of refund; (d) in any other case, the date of payment of duty.as is evident from the above provision of customs act the liability of the assessee would arise only on the determination of the liability under section 28(2) of the customs act, 1962 ..... or on the expiry of the time specified in the notices issued under section 28(1) without assessee filing .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2008)111ITD112(Delhi)
..... tax and reporting requirements with regard to any income arising from the sale of software.in addition to the above, the ruling provides the characteristics of standardized software and the characteristics of customized, as well as a broad definition for shrink-wrapped and packaged software, as following: o standardized software refers to software which is ready-made and available for sale to general users ..... in the context of levy of sales tax of transfer of right to use the software had held that software were in the nature of goods under the sale of goods act and in the light of extended definition of 'sale' as contained in the relevant sales tax law, even transfer of right to use the software was held to be a sale of goods exigible to taxation under explanation (iv) to section 2(n) of the sales ..... when the same came up for hearing initially before the division bench, the main contention raised by the learned counsel for the assessee in support of the assessee's case was that by incurring the impugned expenditure, the assessee company had acquired only the license to use the software and there was no outright purchase of software giving ..... the expenditure incurred on acquisition of a software for the purpose of enabling the assessee to make booking of air tickets would be a capital expenditure because such a software certainly forms part of the profit-making apparatus of the travel agency business inasmuch as the business of air ticket booking is done with the help of that software. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1998)67ITD252(Delhi)
..... learned counsel submitted that similar support is found in the depreciation of items under the excise traffic, custom tariff and itc (hs) classification of export and import items.on that basis it was argued that assessee's item of manufacture is not covered by item 22 or 10 of ..... try any suit or issue in which the matter directly and substantially in issue has been directly and substantially in issue in a former suit between the same parties, or between parties under whom they or any of them claim, litigating under the same title, in a court competent to try such subsequent suit or the suit in which such issue has been subsequently raised and has been heard and finally decided by such court ..... the speech made by the mover of the bill in explaining the reason for the introduction of the bill can certainly be referred to for the purpose of ascertaining the mischief sought to be remedied by the legislation and the object and purpose for which the ..... in the dcm case, it was held that in order to apply the principle of promissory estoppel all that is required to be shown is that the party relied and acted on the representation made to him and the assurance ..... later when the excise duty was sought to be levied on a different basis, it was held that when based on representation of cigarette manufacturers association, the cbec gave a clarification, it would be most inequitable to take a contrary view and that the central government and cbec ..... the section is not meant to keep vigil on ..... section. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1998)67ITD81(Delhi)
..... the question which arose in that case before the honourable supreme court was whether resin or resole produced by the appellants can be considered to be "goods" for purposes of levy under the tariff schedule item no. ..... year, then, in respect of that previous year, of a sum by way of investment allowance equal to twenty-five per cent of the actual cost of the ship, aircraft, machinery or plant to the assessee : provided that no deduction shall be allowed under this section in respect of - "(a) any machinery or plant installed in any office premises or any residential accommodation, including any accommodation in the nature of a guest house; (c) any ship, machinery or plant in respect of which the deduction by way of development rebate ..... 2(8)(c) of the finance act, 1975. ..... with the use of the regular films by use of certain developing chemicals, the positive prints are obtained and by the use of another chemical called 'fixer' the character of permanency is given to the prints. ..... in that case, the work done by a photographer doing photographic work and supplying prints to the customers was involved. ..... according to us, what we have to decide in this case is whether taking photographs through the photographic apparatus "camera" and bringing out a positive from the negative film and touching the photograph while delivering it to the customer, whether any manufacturing process is involved or whether the activity carried on by the assessee involves production of an article or thing.14. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2005)95TTJ(Delhi)980
..... -tds in this regard and for which no reply was forthcoming.according to the cit(a), these circumstances indicated that there was a strong possibility that tax was not required to be deducted in respect of payments made to hotels under section 194-i of the act.further, once the assessee came to know of the departmental view on the subject, it immediately started deducting and paying the tax. ..... on the facts and in the circumstances of the case, the learned cit(a) has erred in deleting interest charged under section 201(1a) of the it act, when the relief allowed in quantum appeal is subject to verification by the asstt. ..... when the assessee is held by us not to be in default for not deducting tax at source, the question of recovery of interest under section 201(1a) also does not arise and hence the same is rightly deleted by the cit(a). ..... referring to the stay that was granted in many cases and in view of the above submissions, it was vehemently argued that the assessee was certainly under a bona fide belief that it was not required to deduct tax at source from the payments made to hotels.8. ..... however, often, there are instances where corporate employers, tour operators and travel agents enter into agreements with hotels with a view to merely fix the room tariffs of hotel rooms for their executives/guests/customers. ..... the law is not static and can certainly not remain so. ..... in our opinion, certainly not. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2007)108ITD709(Delhi)
..... (1998) 233 itr 497 elaborately considered the decisions of this and other high courts as also the supreme court bearing on the interpretation of the words "derived from" used in section 80hh of the act, and held that there must be a direct nexus between the profit or gains and the business, and the fact that the business is the means for securing the receipts was ..... such a trading receipt will form part of profits of the business of the industrial undertaking, eligible for deduction under section 80ib of the act.5.2 she also filed a copy of indian exim policy in which it was, inter-alia, mentioned that the depb scheme allows draw back of import charges on ..... a case decided under section 80hh of the act. ..... was based on the premise that earlier certain amounts were debited as excise duty and customs duty by the assessee and on refund of those amounts, equivalent credits were made in the books of account.therefore, the profit constituted the profit derived from the ..... that duty draw back is nothing but reimbursement of excise duty and customs duty debited in the books of account and paid by the assessee. ..... however, in our case, the assessee became entitled to import goods on export of certain goods, and such entitlement was sold ..... back scheme leads to reimbursement of excise duty and customs duty, if paid, when the goods are exported ..... scheme, the division bench of the hon'ble itat, delhi pointed out that the receipt was in lieu of expenses earlier incurred by payment of excise and customs duty. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1999)68ITD126(Delhi)
..... (supra) cannot be automatically be applied for holding that redemption fine levied under section 125 of the customs act, 1962 is compensatory in nature. ..... claimed by the assessee was denied as being a payment made for infraction of law and was not allowed.18.4 the redemption fine levied under section 125 in lieu of confiscation of goods illegally imported by the assessee is also punitive or penal in nature. ..... no penalty was levied under section 112 of the said act even though the collector found that the "import policy and its provisions were deliberately flouted" as in his view the redemption fine imposed in lieu of confiscation of the impugned goods was sufficient to ..... 5 lakhs were confiscated by the customs authorities under section 167, item 8 of the sea customs act, but under section 183 of sea customs act, the appellant was given an option to pay fine aggregating ..... a case where the goods illegally imported by the assessee were confiscated under the provisions of the customs act and an option was given under section 125 of the act for payment of redemption fine in lieu of such confiscation.it is therefore clearly a payment in the nature of penalty for violation of the provisions of the customs act, 1962.9 ..... the assessee in that case could not comply with certain directions issued under the said control order and therefore had to pay compensation to the textile commissioner in exercise of its option available under the terms of the ..... cit [1975] 99 itr 375 (delhi), malabar ..... air 1975 sc .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2007)293ITR39(Delhi)
..... was further pointed out that duty draw back is nothing but reimbursement of excise duty and customs duty debited in the books of account and paid by the assessee.therefore, it was also pointed out that receipt of excise duty by way of reimbursement of the excise duty paid earlier is a trading receipt.such a trading receipt will form part of profits of the business of the industrial undertaking, eligible for deduction under section 80-ib of the act.10. ..... the honble tribunal pointed out that the cases on which the revenue relied were decided under section 80-i or 80hh, which used the words "profits and gains derived from an industrial ..... we are of the view that by adding the words "any business" in section 80-ib, no material difference in interpretation follows, vis-a-vis the interpretation given under section 80hh, especially when the decision in the case of pandian chemicals ltd. ..... and uppers , a case decided under section 80hh of the act. ..... the decision in the case of the aforesaid eltec was based on the premise that earlier certain amounts were debited as excise duty and customs duty by the assessee and on refund of those amounts, equivalent credits were made in the books of ..... however, in our case, the assessee became entitled to import goods on export of certain goods, and such entitlement was sold in the market to earn ..... it was also pointed out that the decision in the case of shri lakh-vinder singh (supra) was not binding on the division bench, as that decision was rendered by .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1994)50ITD233(Delhi)
..... he contended that, the efforts made by the assessee through the courts to reclaim the goods in no way changes the fact that, the property in the goods had vested in the customs, without which right, the customs would be powerless to sell the goods.he contended that, sections 125 & 126 of the customs act, 1962, when read in sequence along with section 111 (d) of that act, it would clearly exhibit the procedure of confiscation of the goods that are held as improperly imported. ..... the collector of customs passed his order on 13-4-1988, which is reproduced below, for the sake of facility.having carefully considered all the relevant facts and circumstances of the case, i order confiscation under section 111(d) of the customs act, 1962 of isabutanol weighing 629.250 mt of cif value rs. ..... shri agarwal submitted that, the fact that it was the sc that accepted the sale, directed the buyer to deposit the consideration with the customs for being deposited with ghc till the decision on the various duties and other levies, the amount being retained by the ghc as trustees of the government till may 1991 when it released the balance remaining after payment of all dues to government, go to support the plea advanced by the ..... the plea advanced in this regard was that, the during the life of the chits, the assessee had received certain amounts as a prize, which was utilized in its business and had to pay the balance of the instalments for the remaining period of chits. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1989)31ITD549(Delhi)
..... 1984]147 itr 657 held that the amount was received by the assessee in a fiduciary capacity on behalf of its customers from whom it had charged excise duty and, therefore, the same did not amount to assessee's income taxable either under section 41(1) or section 28(4).since the aforesaid finding was very stoutly challenged on behalf of the revenue in the present appeal and was equally ..... making of the contract, or for the sale or purchase of such goods tax-paid where tax was chargeable at that time - (a) if such imposition or increase so takes effect that the tax or increased tax, as the case may be, or any part of such tax is paid or is payable, the seller may add so much to the contract price as will be equivalent to the amount paid or payable in respect of such tax or increase ..... case (supra), held that when the assessee itself treated certain amounts as its income because it felt that the claimants were not likely to come forward to make demands it implied that the assessee had treated its liability to have ceased to exist and the amount was, therefore, the assessee's income under section ..... excise duty to the government on the goods manufactured by it the assessee does not act as a representative of its customers and conversely while realising the said excise duty as a part of the price from the customers, the assessee does not act as an agent or representative of the government.the burden of payment of excise duty ..... as a refund of excise duty levied on its production of smp up ..... 1975 .....
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