Judgment Search Results Home > Cases Phrase: eligible transaction Page 10 of about 13,977 results (0.028 seconds)

Tamilnadu Petroproducts Limited Vs. The Assistant Commissioner (CT), C ...

Court : Chennai

..... submitted that it clearly shows the dealer at mangalore had placed the purchase order and in pursuance to the same, the petitioner had effected sale to the dealer at mangalore and the transaction is clearly an interstate sale and the only difference being delivery has been made to the job worker at ranipet and after completion, for onward transmission to the purchaser at mangalore. ..... submitted that merely because hll ltd, had business transactions and registration under tngst act at chennai, the impugned transaction cannot be treated as a local sale and the petitioner will not be eligible for concessional rate of tax at 3% against ..... , while responding to the petitioner's letter dated 20.04.2001, informed that if the petitioner had delivered the material, lab at ranipet in tamil nadu as per directions of hll, mangalore, then the transaction will be considered as local sale under tngst act and liable to be tax at 3% with form-xvii and at 11% without form-xvii. 3. ..... mr.n.prasad, learned counsel for the petitioner, after elaborately referring to the facts and nature of transaction done by the petitioner, submitted that the delivery of lab was made by the petitioner within the state of tamil nadu to the job worker of hll, in other words, ..... once again, the petitioner submitted a representation on 18.02.2004, to the second respondent, in which, the nature of transaction done by them was more clearly set out and it was reiterated that manufacture of acid slurry was made within the state by .....

Dr(smt) Sujatha Ramesh Vs. Central Board of Direct Taxes

Court : Karnataka

..... 57 days in india, where she came from usa to meet her family members and her stay between the period 01-12-2012 and 20-02-2013 of 57 days did not give her sufficient time to make above stated eligible investment in the infrastructure bonds of national highway authority of india before the cut off date on 26-01-2013 which investment she of course belatedly made later on, albeit with the delay of about six months on 23-07-2013 ..... by the respondent, commissioner of income tax (osd-ita), central board of direct taxes, on 26-11-2014 under section 119 (2)(b) of the income tax act, 1961, refusing to condone the delay of about six months in making the eligible investment in the infrastructure bonds in terms of section 54 ec of the act, to claim exemption from capital gain tax in respect of immovable property sold by her during the assessment year 2013-14 which exemption was available to her in ..... is not understood why purchase of infrastructure bonds could not be made by her by issuing a cheque when another large value transaction for property advance was effected by her while remaining outside the country.3. ..... prescribed for such investment to avail the exemption under section 54ec of the act, cannot be liberally construed, and where belatedly the said eligible investment was made with a delay of six months, the date of order 24-10-2017 w.p.no.54672/2015 dr. ..... 3/25 eligible investment of the sale proceeds in the infrastructure bonds within a period of six months from the transaction of sale of .....

Commissioner of Income-tax Vs. K.S. Subbaiah Pillai and Co. P. Ltd.

Court : Andhra Pradesh

Reported in : [1972]85ITR71(AP)

..... the view of the tribunal that the commission earned by the assessee on commission transaction is a profit derived from the export of goods, as the assessee with its extensive contracts was responsible for the export, is ..... we are unable to agree with the contention of the assessee's counsel that the assessee had derived the profit on these transactions from the export of goods outside india which, according to him, is the source. ..... principle relating to the export of tobacco by the assessee either directly or through an intermediary out of india to the present case where the assessee has earned only, as a commission agent, certain profit in respect of the transactions relating to tobacco which ultimately was exported by some others outside india.12. ..... a case for the opinion of this court on the following question :'whether, on the facts and in the circumstances of the case, the tribunal was justified in holding that the assessee-company was eligible for rebate in respect of commission transactions of rs. ..... in the instant case, the commission earned by the assessee on these transactions by supplying tobacco to the exporter within india cannot be said to be profit derived from export of the goods or merchandise out of india in order to attract the ..... assessee was controlling the entire export to france and was responsible for the quality and the intermediary only acted as a conduit pipe through which the transactions were routed, and allowed the rebate in respect of that turnover. .....

Krushna Chandra Vs. Commr. of Endowments and ors.

Court : Orissa

Reported in : AIR1976Ori52

..... the learned counsel for the defendants was also not able to show us any text or law that veka ceremony and ceremony for adoption of a chela must be performed one after another in course of the same transaction, in order that the adopted chela can become eligible to be nominated as a successor of the adopter-mahant. ..... if veka ceremony is an essential ritual to permanently effect transference of the plaintiff from worldly life into spiritual life for all time to come and thereby perfect his initial initiation as a chela and confer on him eligibility to succeed to the trusteeship, it can be performed at any time before the adopter-mahant died and succession opened. ..... it contains the statements of the last deceased mahant regarding transactions by which the plaintiff's claimed right was created. ..... adoption of a chela or nomination of a successor being past transactions would be nullified, even though the obligation of intimation provided in section 39, as indicated above, was impossible of performance. ..... by these two transactions it is contended that the plaintiff has returned to his purbashram and forfeited his right as a duly adopted and nominated chela. ..... is expressed in the language which is fairly capable of either interpretation, it ought to be construed as prospective only and that there is a presumption against a retrospective operation if, when so operated, it would prejudicially affect the vested rights or the legality of past transactions. .....

Tata Engineering and Locomotive Co. Ltd. Vs. the Assistant Commissione ...

Court : Supreme Court of India

Reported in : AIR1970SC1281; 1971(0)BLJR289; (1970)1SCC622; [1970]3SCR862; [1970]26STC354(SC)

..... another serious infirmity in the order of the assistant commissioner was (a matter which even the advocate general quite fairly had to concede) that instead of looking into each transaction in order to find out whether a completed contract of sale had taken place which could be brought to tax only if the movement of vehicles from jamshedpur had been occasioned under a convenant or incident of that contract ..... judgment this was a wholly wrong procedure to follow and the assistant commissioner, on whom the duty lay of assessing the tax in accordance with law, was bound to examine each individual transaction and then decide whether it constituted an inter-state sale eligible to tax under the provisions of the act.18. ..... after finding that the allocation letters together with their confirmation constituted transactions of sale the assistant commissioner referred to the dealership agreement and stated that on placing of the demand by the dealer a complete contract came ..... the principle thus admits of no doubt, according to the decisions of this court, that the sales to be eligible to tax under the act must be shown to have occasioned the movement of the goods or articles from one state ..... the points which would require determination would be whether the transactions which have been subjected to tax were of sale within the definition of that expression contained in section 2(g) and whether the movement of goods from jamshedpur to the stockyards of the appellant in the different states was .....

M/S Sarjan Realities Pvt. Ltd. and Another Vs. Maharashtra Electricity ...

Court : Appellate Tribunal for Electricity APTEL

..... this context, the commission has already ruled under para 30 of its orders dated 20.11.2007 (case 33 of 2007) that it has not distinguished in respect of applicability of wheeling charges and wheeling losses in respect to open access transactions whether belonging to group ii wind energy projects or any other renewable energy source or any other fossil fuel based open acess wheeling. 16 17. ..... rules that open access transactions on the date of effectiveness of the electricity act, 2003 shall be required to pay the wheeling charges as mentioned in their contract till the current validity of such contract and on expiry of the current contract, their consumers would also be subjected to the wheeling charges determined by the commission from time to time thus the eligibility of projects for applicability of this clause is that the open access transaction shall be effective on ..... iv) regarding the second aspect of period after expiry of the agreement, the commission had held that the transactions would be governed by the open access regulations, 2005 and the charges would be as per the various orders which would be passed by the commission from time ..... its tariff order dated 20.10.2006 and 18.05.2007 categorically held that the sanctity of the contracts existing on the date of enactment of the electricity act, 2003 shall be honoured and decided that such open access transactions were required to pay the wheeling charges as per their contract till the current validity of the contract. .....

Electrical Products Corpn. Vs. Collector of C. Ex.

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi

Reported in : (1989)(43)ELT70TriDel

..... we find from the annexures attached to the order-in-original in the paper book that in case of large number of transactions in respect of exhaust fans and air circulators discounts of 27.8% and 20% respectively as declared in the price list, have been ..... the appellants, according to him, had not disclosed to the department the lower discounts allowed in the transactions and the portion of the differential discount passed on to the wholesale dealers was in the nature of commission which was not abatable for the purposes of ..... context, therefore, the peculiar facts and circumstances of the case we hold that in respect of all transactions the appellants have passed on the full discount as shown in the approved price list. ..... practice the said company are found to have allowed only @ 15% discount to such transactions and it is obvious that their declaration in the price list has got no practical ..... hold that the appellants were eligible for full discount as approved by the departmental authorities in respect of whole range of transactions. ..... what is required is that the discount should be available in respect of the transactions or sales and known to be so at the time of sale irrespective of the fact whether discount is mentioned in the invoice or is passed ..... the appellants also pleaded before the collector that 60% of their transactions in the case of one item and 70% in the case of other item were directly to the wholesale dealers and the discount given was as per their declaration in the .....

P. Venkatachalapathi and ors. Vs. Commercial Tax Inspector, Intelligen ...

Court : Karnataka

Reported in : [1965]16STC894(Kar)

..... points out, indicate that the goods are necessarily the subject of a transaction in the course of inter-state trade; they may well be goods the turnover in respect of which is subject to tax under the state act; all that is intended by the section is the ..... of the impugned section are understood in the correct perspective and in the light of the objective clearly stated in sub-section (1), it should be clear that there is no intention whatever to affect, control or tax transactions in the course of inter-state trade, or impose a tax not exigible under the statute - for example, in respect of exempted goods; the mere fact that the goods cross the state border does not, he ..... add that it is a matter for some doubt whether the provision for proof of what is called the bona fides of transaction by relevant records, which apparently are records other than the documents prescribed by the section, does not amount to adding ..... the mysore act), their lordships pointed out that when the statute itself proceeds on the basis that the amount collected by the dealers from consumers was not tax eligible under the statute, the legislature cannot in the exercise of powers described as ancillary or incidental direct payment of such amounts to the government as if it were a tax. ..... of either exempted goods or inter-state transactions being exposed to levy of tax not lawfully eligible. .....

Cce Vs. Vikram Industries

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu

Reported in : (2004)(97)ECC588

..... therefore, the documents covering the transaction cannot be considered as eligible modvat documents in terms of notfn. no. ..... jayachandran learned jdr appeared for the revenue and reiterated the grounds of appeal and submitted that the transaction between the supplier of the goods and the job worker is not a sale. ..... worker free of cost on the term that the final products manufactured are returned to the supplier and the job worker is entitled for job charges only and there was no sale involved in the present transaction between the appellant and the ownership of the goods is not transferred. ..... the only objection of the revenue for allowing modvat credit is that, there was no sale involved in the transaction between the supplier and the assessee (job worker). ..... 41/2000 (cbe) (mj) dated 11.5.2000 passed by the commissioner of customs & central excise (appeals) trichy, by which the commissioner has allowed the appeal of the party holding that the assessee-respondents are eligible to the benefit of modvat credit on inputs procured for conversion on job charge basis.2. ..... 14/95 dated 20.4.95 the invoice issued by the dealer is an eligible document for availing modvat credit only when there was sale and inasmuch as in the instant case there had been no sale in the invoice issued by m/s ellen industries, the credit was inadmissible. .....

Ekta Enterprises and ors. Vs. Commissioner of Central Excise

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai

Reported in : (2005)(180)ELT219Tri(Mum.)bai

..... all these persons confessed having indulged in these types of activities and admitted having carried out such transactions only on paper.interestingly, however each one of them stated that they were doing this as per the directions of shri jitendra d. ..... therefore, the department did not refute the contention being made by the notices that the impugned transactions were merely paper transactions and were carried out for showing higher turnover of m/s. ..... to understand that nature of these transactions and as to how they were being carried out, suffice it would be to mention the following: (i) m/s. ..... they were therefore neither eligible to take any credit on the inputs nor were obliged to pay any central excise duty on the non-existent finished goods. ..... sarika paints, too admitted that they had made the paper transactions of purchase from m/s. ..... no one was eligible to take modvat credit of inputs nor was any one required to pay central excise duty on non-existent finished goods. ..... there were no inputs and no finished goods in the transactions. ..... all other firms and persons, as mentioned hereinabove, were also found to be involved in similar paper transactions i.e. ..... in other words, they were all paper transactions. .....