Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : May-07-1983
Reported in : (1983)LC1435DTri(Mum.)bai
..... 82/73, dated 1-3-1973 partial exemption was given from the levy of duty. the provisions in the finance bill and finance act, 1973 were repeated in the finance bill and the act of 1974 and notification no.54/74, dated 1-3-1974 was issued. optical bleaching agents falling under item ..... of duty leviable on o.s.a.a. shri lodha submitted that the position regarding the levy of auxiliary duty was continued in the finance acts 1975 and 1976. he reiterated that in the eyes of law, there was no distinction between the basic and auxiliary duties and he ..... 23, part ii did not have separate columns for showing basic duty and auxiliary duty at the time when auxiliary duties were levied under the finance bill of 1973. the duties were required to be shown separately in 1975. as submitted by him earlier, this was only an accounting ..... 1. this is an appeal under section 35 of the central excises and salt act, 1944 filed by m/s hindustan lever ltd. against the orders of the assistant collector of central excise .....
Tag this Judgment!Court : Mumbai
Decided on : Sep-02-1983
Reported in : [1985]151ITR215(Bom)
..... ? (2) whether, on the facts and in the circumstances of the case, the assessee was entitled to rebate in tax under s. 5(2)(a)(i) or (ii) of the finance act, 1966 ?'the answer to be given to these two questions would seem to be concluded as far as this high court is concerned by its decision in metal rolling works .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Nov-17-1983
Reported in : (1984)8ITD157(Mum.)
..... the income of that category or type.it may also perhaps not be out of place to mention that while in the case of the deduction under section 80m, section 80aa of the act was introduced by the finance (no. 2) act, 1980, with retrospective effect from 1-4-1968, in order to provide that only that income from dividend will be entitled to deduction under ..... section 80m which is computed in accordance with the provisions of the act and not with reference to the gross amount of the dividends, section 80ab dealing with the other deductions under .....
Tag this Judgment!Court : Mumbai
Decided on : Dec-01-1983
Reported in : 1985(20)ELT35(Bom)
..... pharmaceuticals corporation of india ltd. from the whole of the customs duty and the auxiliary duty of customs leviable under sub-section (1) of section 31 of the finance act.2. the petitioner no. 1 is a private limited company, and is a registered exports house carrying on business of ..... importing and exporting various commodities, including soda. the petitioners claim that the exemption granted to state chemicals and pharmaceuticals corporation of india ltd. is in violation of provisions of section 25 of the customs act. section 25 of the customs act ..... an exemption notification dated september 20, 1979 issued by the government of india, ministry of finance, department to revenue, in exercise of powers conferred by sub-section (2) of section 25 of the customs act. the order recites that in the light of shortage of caustic soda within the country, .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Jul-30-1983
Reported in : (1983)6ITD141(Mum.)
..... appeals is whether the assessee can be regarded as an industrial company within the meaning of the finance act. the definition of 'industrial company' as laid down in section 2(1)(d) of the act, reads as follows : (7) for the purposes of this section and the first schedule,** ** ** (d) 'industrial company' means a company which is mainly ..... whether the assessee can be regarded as an industrial company for the purpose of being charged at the concessional rate of tax as provided under the relevant finance act, 1966 ('the act').3. the assessee was incorporated on 20-12-1960 with the main object of manufacturing all kinds of machineries, implements, tools, etc. hence, the ..... assessee was treated as a company mainly engaged in the manufacture of goods within the meaning of the relevant finance act up to and including the assessment year 1977-78. however, the assessee closed its factory and stopped production with effect from 28-9-1976. it allowed .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-11-1983
Reported in : 1985(4)ECC270; 1987(27)ELT414(Bom)
..... includes the basic duty and the special excise duty imposed by the annual finance acts. paper is tariff item no. 17 of the first schedule. rule 8 of the central excise rules, 1944, which are framed by the central government in exercise of the powers under section 37, lays down that the central government may, from time to time ..... by the collector on 17-11-1970 and the revision preferred by the plaintiff company under section 36(1) of the act to the central government was rejected by the joint secretary, ministry of finance on 21-2-1974. sub-section (2) of section 35, which is invoked by the defendant lays down that 'every order passed in appeal under ..... action is wholly outside the law. they also held that the finality contemplated by provisions contained in sections 11 and 12 did not make valid any action which was not warranted by the act.14. in dhulabhai v. state of madhya pradesh : [1968]3scr662 , the supreme court summarised the law on this point and laid down the following principles .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Decided on : Feb-26-1983
Reported in : (1983)4ITD602(Mum.)
..... erred in holding that the repairing of motor car was 'processing of goods' within the meaning of the definition of 'industrial company' appearing in section 2(7)(c) of the finance act, 1979 ('the act.'). it may be stated in this connection thai: a lower rate of tax is applicable to industrial companies if they come under the aforesaid definition ..... was held that the folding and stitching of the printed sheets would constitute 'processing of goods' within the meaning of 'industrial company' as envisaged under the aforesaid finance act, the case of the assessee before the commissioner (appeals) was that it got damaged automobiles and repaired the same in order to produce commercially new articles.hence, ..... of the aforesaid activities included in its total income of the previous year (as computed before making any deduction under chapter via of th e income-tax act) is not less than fifty-one per cent of such total income.3. the case of the assessee before the ito was that it was actually engaged .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-11-1983
Reported in : [1986]17ITD804(Mum)
..... liability on the assessee to file a voluntary estimate of advance tax as required by sub-section (3) of section 212 of the act. he, therefore, submitted that under section 217 as it existed for this assessment year 1978-79, prior to its amendment by the finance act, 1978 with effect from 1-6-1978, there was no question of any charge of ..... year under appeal before us is the assessment year 1978-79, which will be governed by section 217 as it existed prior to its amendment by the finance, act 1978, with effect from 1-6-1978 the assessee is liable to interest under section 217 only if the assessee was under an obligation to file a voluntary estimate of advance tax ..... interest under section 217 and, hence, the charge of interest under section 217 was a mistake apparent from the record. thus, according to shri mapara whichever way the .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Jun-21-1983
Reported in : (1983)LC(1973)DTri(Mum.)bai
..... of customs, within a period of three months from the date of communication to such person of the decision or order." 8. a simple reading of section 80 (l)(a) substituted by finance act (no. 2) of 1980, abundantly makes clear that the appellant should have been filed before the gold control administrator. in this case, the appeal ..... 29-4-81 and since then the expression "collector" includes "additional collector" for the purpose of central excise rules, 1944. (ii) according to the provisions of section 80(1) of the gold control act, 1968 prior to coming into force of the new provisions any person aggrieved by any decision or order made under that ..... entered into by shri nandlal qua a certified goldsmith and not as a licensed gold dealer as such. the provisions of law applicable were section 42, and not section 32 of the gold (control) act, 1968.5. the learned departmental representative has submitted before me that the order was passed by the additional collector of customs and central excise, .....
Tag this Judgment!Court : Mumbai
Decided on : Oct-21-1983
Reported in : (1984)38CTR(Bom)219; [1984]146ITR452(Bom); [1984]16TAXMAN32(Bom)
..... the amount of tax deductible in accordance with the provision of sections 192 to 194, section 194a, section 194c, section 194d and section 195) so far as such tax relates to income subject to advance tax and so far as it is not due to variations in the rates of tax made by the finance act, enacted for the year for which the regular assessment is made ..... .'17. it is patent that the words 'regular assessment' in sub-ss. (1) and (2) of s. 215 must mean the first order of regular assessment. there is no dispute on this score. sub-section (3) of s. 215 makes provisions ..... time as s. 141a dealing with provisional assessment for refund. they were introduced by cl. 16 of the finance bill, 1968. the note on cl. 16 stated that these provisions were 'consequential to the insertion of new s. 141a in the income-tax act under cl. 11 of the bill'. they must be read in that light.26. under the terms of .....
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