Court : Madhya Pradesh
Decided on : May-13-1996
Reported in : [1998]230ITR163(MP)
..... been cited in the calcutta judgment or at the bar are cases not relating to the meaning or ambit of the relevant expression in the definition of section 2(7)(c) of the finance act, 1973. we have already noted that processing is a term of wide amplitude and has various aspects and meanings. in common parlance, 'processing' is ..... heard counsel and gone through the matter, the question is whether tendu patta which is processed by the petitioner amounts to processing under the first proviso to section 206c of the income-tax act or not. the processing which the tendu patta has to undergo, as mentioned by the petitioner, reads as under :'(i) to transport tendu leaves purchased ..... the prescribed form and declare that the purchase of tendu leaves by the petitioner is for the purpose of processing as contemplated under the first proviso to section 206c of the income-tax act. it is further prayed that the circular issued on january 10, 1996, be quashed being violative of articles 14 and 19(1)(g) of .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-17-1996
Reported in : (1996)135CTR(MP)66
..... of patna in case of jamshedpur motor accessories stores vs. union of india (1991) 91 ctr (pat) 19 and thus affirmed the order of cit(a). sec. 43b was amended by the finance act, 1987. the proviso was made effective from 1st april, 1988. the decision of the tribunal had rested on the order passed in ita no. 1151/ind/ ..... in the applications :(i) that the tribunal erred in law in giving retrospective effect to the amendments effective from 1st april, 1988 in s. 43b of the it act by exceeding its jurisdiction in reading more than what the parliament has expressly provided.(ii) that the taxing statute is passed after great scrutiny and the tribunal erred in ..... cause list for analogous hearing as connected matters. these misc. civil cases are registered on the applications of the cit, bhopal presented under s. 256(2) of the it act, 1961 and contain the undernoted question, categorised as one of law, for direction to the tribunal to state the case and refer the question for our opinion :'whether, .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : May-13-1996
Reported in : (1996)135CTR(MP)352
..... calcutta judgment or at the bar are cases not relating to the meaning or ambit of the relevant expression in the definition of s. 2(7)(c) of the finance act, 1973. we have already noted that processing is a term of wide amplitude and has various aspects and meanings. in common parlance, processing is understood as an ..... action which brings forth some change or alteration of the goods or material which is subjected to the act of processing. the dictionary meaning of the term is not very different from this meaning in one sense, while various meanings of wider amplitude are also available. the ..... and gone through the matter, the question is whether tendu patta which is processed by the petitioner amounts to processing under the first proviso to s. 206c of the it act or not. the processing which the tendu patta has to undergo, as mentioned by the petitioner reads as under :(i) to transport tendu leaves purchased to godown.(ii .....
Tag this Judgment!Court : Kerala
Decided on : Feb-23-1996
Reported in : [1997]226ITR672(Ker)
..... bom) , where the bombay high court has taken the view that an assessee manufacturing similar products cannot be held to be an industrial company for the purpose of section 2(7)(d) of the finance act, 1966. it is also relevant to note that a similar question has been raised before the supreme court in cit v. n.c. budharaja and co. [1993 ..... ?' 2. the assessee is a company doing business in engineering contracts. in the assessment for the year 1983-84, the assessee claimed deduction under sections 80-i, 80hh and 80j of the income-tax act, 1961. the claim was made on the basis that the assessee for the purpose of executing the work of construction of a tunneling system and a ..... g. sivarajan, j.1. this original petition has been filed by the commissioner of income-tax, cochin, under section 256(2) of the income-tax act, 1961, seeking reference of the following questions of law, as arising out of the appellate order dated june 4, 1993 (vide annexure 'c', of the income-tax appellate tribunal, .....
Tag this Judgment!Court : Rajasthan
Decided on : Apr-25-1996
Reported in : [1997]227ITR698(Raj)
..... , or incidental to, the execution of any contract for the supply outside india of such goods, services or facilities, and . . ,' explanation 2 was also inserted by the finance act, 1973, retrospectively with effect from april 1, 1968, which reads as under :-- ' explanation 2.-for the purposes of sub-clause (iii) and sub-clause (viii) of clause (b) expenditure incurred by an assessee engaged ..... to the crew, passengers or livestock) shall not be regarded as expenditure incurred by the assessee on the supply outside india of services or facilities.' 3. sub-clause (iii) of section 35b refers to any expenditure on supply or provision outside india of goods, services or facilities. explanation 2 has circumscribed the ambit of exemption that it must not be pertaining .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Decided on : Sep-12-1996
Reported in : (1996)(88)ELT465TriDel
..... the appellants' printing press and simultaneously cutting the printed labels. prior to 1st march, 1987, chapter 49 of the central excise tariff act, 1985 inter alia included products of the paper printing industry. by the finance act, 1987, with effect from 1-3-1987, the words 'products of the paper printing industry' were substituted by words 'products of ..... them and they are not mere adjuncts of items or products on which these labels are affixed. in this connection, they refer to note 2 to section vii of the central excise tariff act, 1985 which states that 'except for the goods of heading 39.18 or 39.19, plastic, rubber and articles thereof, printed with motifs, ..... 76.06 as aluminium foil for the period 1987-88 in accordance with note 1(viii) of chapter 76 which defines aluminium foil as "a flat product of rectangular section of thickness excluding any packing not exceeding 0.15 mm whether or not embossed, cut to shape, coated, printed or packed with paper, paper board, plastics or .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-17-1996
Reported in : [1997]226ITR445(MP)
..... case of jamshedpur motor accessories stores v. union of india : [1991]189itr70(patna) , and thus affirmed the order of the commissioner of income-tax (appeals). section 43b was amended by the finance act, 1987. the proviso was made effective from april 1, 1988. the decision of the tribunal had rested on the order passed in i. t. a. no. ..... 1151/ind. of 1988--mantri brothers v. ito. on applications under section 256(1), the tribunal declined to refer and held that no referable question was in ..... did arise worth opinion of the hon'ble court. 4. briefly stated, the facts are that the assessing officer made addition of certain amounts in terms of section 43b of the act. in appeals, the commissioner of income-tax (appeals) deleted the addition. the department then filed appeals before the tribunal. the tribunal held that the claim was .....
Tag this Judgment!Court : Chennai
Decided on : Nov-13-1996
Reported in : [1998]229ITR203(Mad)
..... asst. yr. 1974-75 2. whether, on the facts and in the circumstances of the case and having regard to the retrospective amendment made to s. 37(1) by the finance act, 1983 w.e.f. 1st april, 1976, the tribunal is justified in disallowing the mess expenses of rs. 26,000 and rs. 28,595, respectively, for the asst. yrs. ..... karuppusamy nadar & sons : [1979]120itr140(mad) . on further appeal, the tribunal sustained the order passed by the cit(a) since there is an explanation introduced to s. 37 of the act, w.e.f. 1st april, 1976, which will not be applicable to the asst. yr. 1974-75. accordingly, we consider that the order passed by the tribunal, in allowing the ..... . in the present case, entertainment expenditure was incurred to customers and therefore, it cannot be allowed as a deduction, in view of expln. 2 to s. 37 of the act. accordingly, we hold that the tribunal was not correct in holding that the entertainment expenditure amounting to rs. 26,000 and rs. 28,595 for the asst. yrs. 1976- .....
Tag this Judgment!Court : Chennai
Decided on : Mar-21-1996
Reported in : [1997]225ITR829(Mad)
..... of this court in cit v. karuppuswamy nadar and sons : [1979]120itr140(mad) , and dismissed the departmental appeal. explanation 2 to 37(2a) introduced by the finance act, 1983, with retrospective effect from april 1, 1976, is couched in very wide language and leaves no doubt that the provision of hospitality of every kind by the ..... tea, coffee, etc., to its clients. the income-tax officer disallowed the same as being in the nature of entertainment expenditure applying the provisions of section 37(2b) of the act. the assessee appealed to the commissioner of income-tax (appeals), who deleted the addition of rs. 47,584 and allowed the appeal. the department then ..... of work by providing food or beverages or in any other manner whatsoever, shall be included in the expression 'entertainment expenditure' occurring in sub-section (2a) of section 37 of the act. even if the providing of such hospitality of supplying food or beverages to the customers or any other person may be made by reason of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Cochin
Decided on : Jul-02-1996
Reported in : (1997)63ITD383(Coch.)
..... within the ambit of section 37(2a) and to the extent of rs. 5,000 only of such expenses are allowable.2. we ..... allowing entertainment expenses in excess of the limit prescribed under section 37(2a) of the income-tax act, 1961. the revenue's further grievance is that the learned cit(appeals) ought to have appreciated that by virtue of the insertion of explanation 2 to section 37(2a) by finance act, 1983, the expenses incurred by the assessee would come ..... in supplying cigarettes, coffee, meals, etc., to its customers would fall within the description "expenditure in the nature of entertainment expenditure" occurring in sub-sections (2a) and (2b) of section 37 of the act. the kerala high court accordingly dissented from the view of the gujarat high court in patel bros. & co. ltd.'s case (supra). sri .....
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