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Cybertech Systems and Software Ltd. Vs. Dy. Cit

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2005)3SOT121(Mum.)

..... that the entire receipt from unisys amounted to consideration for production of new programmes, there was no export as there was no customs clearance.the eligibility for customized electronic data for deduction under section 10b of the act has been specifically provided for in section 10b as amended by finance act, 2000 ..... excluded while computing the deduction under section 80hhej the 90% of net interest alone should have been excluded.the assessee company being an exclusive eou, its entire income is in the nature of export income and eligible for complete exemption under section 10b.shri irani, the learned counsel relied on the following decisions in support of his arguments and contentions: 1. ..... appellant company is not providing technical services for the purposes of modification of customer's programs subject to the needs of the customers, such "customization" may not in itself be a software programme to make the appellant company eligible for exemption under section 10b however these services are to be held as technical services in that direction. ..... appellant shall be eligible for deduction in terms of section 80hhe(1) of the profits arising out of the said transaction. ..... the contentions of the assessee company already on record, even if the finding of the assessing officer that the services rendered by assessee company to cic was that of man power support alone, still the same is eligible for the exemption under the category "human resource services" listed in the notification.3. .....

K.K.Dixit and ors. Vs. Rajasthan Housing Board and ors.

Court : Supreme Court of India

..... junior engineers who have obtained a degree in engineering during the tenure of service, would be required to complete three years service on the post after having obtained a degree to become eligible for promotion to the higher post if they claim the promotion in the channel of degree-holder junior engineer, there being a quota fixed for graduate junior engineers and diploma-holder junior ..... was a difference in the qualification required of degree holders and diploma holders at the time of very entry into the service in shailendra dania s case; while degree holders were eligible to apply only with their educational qualification for the entry post, the diploma holders were required to have additional two years experience and hence the two were treated to be ..... vijay singh deora (supra) the rule position was different but in paragraph 9 this court permitted only a limited recognition of service rendered as diploma holder junior engineers for purposes of eligibility and justified the permitted procedure on the ground that it would do justice to all the three groups (as existed in that case) and no one would jump over the other and ..... the high court as disposed of in the light of our aforesaid views and to determine the controversies raised in the writ petitions in that light by granting relief to the eligible persons expeditiously and preferably within 4 months, without upsetting the transactions which had taken place earlier and were not under challenge in the writ petitions. .....

Cybertech Systems and Software Vs. Deputy Commissioner of Income Tax

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2007)106TTJ(Mum.)257

..... . on the same analogy, the cit(a) further held that 10 per cent of the total receipts of the assessee from cic could be considered in the nature of services eligible for exemption under section 80hhe.accordingly, he further gave a relief by way of exemption under section 80hhe to 10 per cent of the total receipts, the assessee-company ..... appellant shall be eligible for deduction in terms of section 80hhe(1) of the profits arising out of the said transaction.22 ..... to the contentions of the assessee-company already on record, even if the finding of the ao that the services rendered by assessee-company to cic were that of manpower support alone, still the same is eligible for the exemption under the category "human resource services" listed in the notification. 3 ..... . the cit(a) having held that the entire receipts from unisys are eligible for the benefits under section 80hhe, should have also held that the activities of the assessee-company qualified for the exemption ..... . such 'customization' may not in itself be a software programme to make the appellant-company eligible for exemption under section 10b, however, these services are to be held as technical services ..... clear that prior to the issue of notification, such activities were not eligible for deduction under sections 10a, 10b and 80hhe of the act ..... circumstances, notwithstanding the non-admission of the additional ground, the tribunal is empowered to comment on the eligibility of deduction under section 80hhe in respect of the receipts from unisys.c.c.a.p .....

Asst. Commissioner of Income-tax Vs. Star India Pvt. Ltd.

Court : Income Tax Appellate Tribunal ITAT Mumbai

Reported in : (2008)117TTJ(Mum.)577

..... note case of sterling foods 237 itr 579 (sc); (4) since there is no nexus between the export activity and other activities carried on by the essessee, the profits from other activities would not form part of the eligible business profits for working out the deduction under section 80hhf; (5) formula under section 80hhc(3) would apply only where part of the turnover of the goods is exported and the other part of the turnover ..... identification of commissionable transactions: advertising orders on which representative shall be eligible to a commission shall be those solicited by representative in the territory even though obtained in collaboration with star's personnel or its promotional activities. ..... no commission will be paid to representative on any transaction which star determines to have been initiated and consummated by anyone other than representative. ..... rival submissions of the parties have been considered carefully.there is no dispute between the parties that assessee is eligible to deduction under section 80hhf of the act. ..... export of television programmes and the assessee is eligible for deduction under section 80hhf. ..... a comparison of the above provisions clearly shows that the language in both the "sections is almost similar as far as computation of eligible profits of business is concerned. .....

Ghawar Chand Gangh and anr. Vs. State of Assam and ors.

Court : Guwahati

..... in such a situation, it is difficult to visualize as to why the subsequent transactions of sale effected by the appellant no. ..... there is no manner of doubt that in terms of the concession scheme framed under the provisions of the act of 1993, what has been exempted are sales effected by eligible manufacturers of goods specified in the scheme. ..... accordingly, on the transaction between the appellant nos. ..... 2 was a unit eligible for concession under the assam industries (sales tax concessions) scheme, 1995 framed under the provisions of section 9(4) of the assam general sales tax act, 1993 which visualise exemption from payment of sales tax on goods sold by eligible units. ..... 1 does not have eligibility for exemption. ..... 1 shall not be eligible to tax. .....

The State of Andhra Pradesh Vs. T.R. Somaraju and ors.

Court : Andhra Pradesh

Reported in : [1965]16STC177(AP)

..... we feel, therefore, that the content of the expression 'sale' is not enlarged by explanation iii, as that explanation does not take in transactions which do not amount to sales as contemplated in the main definition.18. ..... the competence of a state legislature does not extend to transactions which do not constitute sales as understood either in the indian sale of goods act or under the general sales tax acts. ..... so, if sales had already taken place before the transactions in question were effected, the respondents cannot be called upon to pay tax on the present sales.5. ..... but it is conceded that so far as these transactions are concerned, it involves the actual ownership of the goods and not mere delivery to the purchaser. ..... the circumstances set out in sub-clauses (i) to (iv) also establish the nature of the transactions envisaged in clauses (1) and (2) of that explanation. ..... but we are not concerned with that amendment as the transactions in question occurred prior to it. ..... it is that type of transactions that are sought to be brought to tax under this explanation. ..... thus, an article like jaggery is eligible to tax only once, when it is first sold in the state. ..... but there may be cases in which the principal transfers the ownership of the goods to the agent under the cloak of an agency transaction. .....

indo Deutsche Trade Links and Another Vs. Commissioner of Customs (imp ...

Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai

..... in this matter we take into account the fact that there is no adequate material to reject the transaction value and follow the decision of the tribunal in cc vs. d. m. ..... advocate for appellants submits that the transaction value was rejected for the ground that the description of goods was mis-declared. ..... if it is decided that these goods cannot be considered to eligible for exemption then only the charge of mis-declaration gets support. 27. ..... the disputes in this appeals are on the following issues,- (i) whether the goods were restricted for import under the import policy; (ii) whether the goods were eligible for exemption under notification 21/2002-cus (s. no. ..... 200) and that the transaction value should be accepted without any loading. 3. ..... the appellants are contesting all the three issues, namely, that the goods were not restricted for imports, that goods were eligible for exemption under notification 21/2002-cus (s. no. ..... once it is accepted that these goods are melting scrap of steel there is no mis-declaration involved and hence the ground for rejection of transaction value becomes unsustainable. .....

Carlsberg India Private Limited and Others Vs. Union of India and Othe ...

Court : Delhi

..... , - (i) a transfer of title in goods or immovable property, by way of sale, gift or in any other manner; or (ii) such transfer, delivery or supply of any goods which is deemed to be a sale within the meaning of clause (29a) of article 366 of the constitution; or (iii) a transaction in money or actionable claim; (b) a provision of service by an employee to the employer in the course of or in relation to his employment; (c) fees taken in any court or tribunal established under any law for the time being in force. ..... explanation 2 for the purposes of this clause, transaction in money shall not include any include any activity relating to the use of money or its conversion by cash or by any other mode, from one form, currency or denomination, to another form, currency or denomination for which a separate ..... in that process two distinct and different transactions take place, namely the financing transaction and the equipment leasing/hire purchase transaction. ..... the former was eligible to service tax whereas the latter would be eligible to local sales tax/vat. ..... for each transaction or contract, the chartered accountant/cost accountant renders profession-based services. ..... the same transaction may involve two or more taxable events in its different aspects. .....

Pr. Commissioner of Income Tax -2 vs.cincom Systems India Pvt. Ltd.

Court : Delhi

..... the ao is directed to allow the expenditure as per the books of account maintained by the assessee & to recompute the deduction u/s 10a of the act subject to its eligibility as commented upon in the subsequent para, in the appellate order, keeping also in view the principles of consistency & the method of accounting followed by the assessee, wherein no deviation noted vis-a-vis method accounting employed ..... expenditure claimed under the head unallocated segment in the ratio of 90:10 between software development activities & unallocated segment, thereby treating the same, as attributable in that ratio in 'eligible unit' & 'ineligible unit', on purely surmises, in a suspicious & conjecture manner, without any evidence with him to suspect the books of account. ..... first aspect, there is not much dispute, the second requirement, viz, it is a course of business so arranged as to result in an inflated profit for the eligible business by way of shifting huge expenses to unallocated unit, is not forthcoming from the order of the ao. ..... 4.1.3 while it is true that there did exist a close connection between the assessee company carrying on eligible business to which section 80ia(10) applies and its ineligible business, the other requirements such as the nature of arrangement & the manner of rejection of the profit margin in effect, due to export sales as inflated profits ..... stated that the course of business appears to be so arranged regarding the business transaction between two units e.g. .....

Balaji Computers and ors. Vs. the State of Karnataka Represented by It ...

Court : Karnataka

Reported in : ILR2006KAR38; [2006]147STC269(Kar)

..... . the high court may also in appropriate cases determine the eligibility to tax of transactions the nature of which is admitted, but the high court normally does not proceed to ascertain the nature of a transaction which is alleged to be taxable ..... . krishi utpadan mandi adhiniyam act, 1964 would also comprehend its split folds of parts, commercially called 'dal' so as to enable the market committee to levy market fee under section 17 of the mandi adhiniyam act on the transaction of sale of 'dal' of legumes specified in the schedule to the mandi adhiniyam act ..... the commissioner, has already passed a well-considered order in the exercise of his statutory jurisdiction under sub-section (1) of section 42-b of the act holding that 21 varieties of the compressed woolen felt manufactured by the appellants are not eligible for exemption under entry 6 of schedule i of the act .....