Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Reported in : (1990)(26)LC248Tri(Kol.)kata
..... basak, proprietor, m/s. minar jewellers on 1st august, 1980 before the gold control administrator, ministry of finance, department of revenue, new delhi, under section 80 of the gold (control) act, 1968 (hereinafter to be referred to as 'the act', for short) being aggrieved from an order no. 25 (gold) 78/5 of 1980 passed by collector ..... primary gold and gold ornaments so recovered were not recorded in the g.s 13 register required to be maintained by shri basak under the gold (control) act, 1968 and the rules framed thereunder. shri chand mohan basak could not produce any evidence, documentary or otherwise, in support of his bona fide acquisition and possession of ..... the gold and gold ornaments weighing altogether 664.800 gms were, therefore, seized for contravention of the provisions of the gold (control) act, 1968 along with three private account books, two g.s. 13 registers of shri pradip kumar basak and two g.s. 13 registers of shri chand mohan basak.3 .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Reported in : (1989)(25)LC500Tri(Kol.)kata
..... ,800.00. he had no cash memo and valid vouchers for dealing with such ornaments. thus he violated the provisions of sections 27(7)(b) and 55 of gold control act, 1968. the aforesaid sri ashok kumar rastogi, s/o sri ram nath rastogi of chowranghigali, muradabad, u.p. gold dealer licence no. 1/69 is required to show cause to ..... were also submitted.5. after adjudication of the case by granting personal hearing to the appellant the ld. collector confiscated the gold ornaments under section 71 of the gold control act, 1968 and gave an option to redeem it on payment of fine of rs. one lakh and further imposed a penalty of rs. thirty thousand on the appellant. it is ..... /84/2152 dated 4-4-1985, issued notice to show cause for the violation of the provisions of section 27(7)(b) and section 55 of the gold (control) act, 1968, allegating that he is a gold dealer and alleging to have gold dealer licence bearing no. 1/69. the appellant challenged the notice to show cause and submitted proper defence .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Reported in : (1990)LC563Tri(Kol.)kata
..... all considered in the order.16. further, the learned additional collector has not adverted to the letter written by the director of royal govt. of bhutan in the finance department wherein the director has requested the learned collector for return of the car to major sunuwar as the car belongs to him. the letter reads as follows :- this ..... been submitted by shri hemraj agarwalla. lastly, she prayed for personal hearing.7. after adjudication the learned additional collector confiscated the seized car under section lll(d) of customs act, 1962 and imposed a penalty of rs. 2000/- each on mrs. c.s. lama and shri hemraj agarwalla against which order these two appeals are filed.8. ..... car for confiscation for the above said violations and that to show cause why penalty should not be imposed on the above persons under section 112 of the customs act, 1962. in reply to the show cause notices, the above three persons submitted their replies.4. shri hemraj agarwalla vide his reply dated 17-3-1987 denied .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1989)29ITD15(Kol.)
..... hands of the assessee 38. the gujarat high court considered the provisions of section 164 as it stood before the amendment introduced with effect from 1-4-1970 by the finance act, 1970. section 164 which was considered. by the gujarat high court was as follows : 164. where any income in respect of which the persons mentioned in clauses ..... (including surcharge on income-tax, if any) applicable in relation to the highest slab of income in the case of an association of persons as specified in the finance act of the relevant year.23. as has already been pointed out above, the assessees' case falls under the main section, i.e., section 164(1). in the ..... tax (including surcharge on incomes, if any) applicable in relation to the highest slab of income in the case of an association of persons as specified in the finance act of the relevant year. in support of the contention that the assessees before us should be assessed in the status of an association of persons, learned departmental representative .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1989)29ITD1(Kol.)
..... original assessments for the assessment years 1977-78 and 1978-79, section 80aa came to be inserted by the finance (no. 2) act, 1980, with retrospective effect from 1-4-1968 in the income-tax act, 1961 (for brevity the act) which in substance provides that deduction allowable to a company under section 80m should be computed not on the ..... was that the gross dividend was to be allowed as a deduction under section 80m. subsequently, the parliament by enacting section 80aa by finance (no. 2) act of 1980 with retrospective effect from 1-4-1968, provided that: where any deduction is required to be allowed under section 80m in respect of any income by way of dividends from ..... of the rectification order in a writ petition in the high court. the high court set aside the order by holding that whether the retrospectivity given by the finance act would cover completed assessments or would apply to pending assessments was a debatable point and since it was a debatable point, there could not be said to .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1989)29ITD495(Kol.)
..... foreign projects.therefore, the project-wise calculation done by the ito was correct and the deduction allowed by the ito was also correct. the department of revenue, ministry of finance, government of india informed the c & ag that relief under section 91 was properly allowed to the appellant-company in the year under appeal.25. as against the ..... two letters dated 24-3-1988 and 5-7-1988 appearing at pages 105 and 104 respectively of paper book no. 1. these are letters of the ministry of finance, department of revenue not accepting audit objections. the central board of direct taxes made it clear to the joint director (ra), office of the c & ag of ..... the foreign accounts and each foreign project is required to be cleared separately under the foreign exchange regulations act, 1973 and the rules made thereunder.15. section 80ab was introduced in 1980 with effect from 1-4-1981 by the finance (no. 2) act, 1980. the purpose and objects of this section are fully explained by the central board of .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1989)29ITD293(Kol.)
..... filed on 31-7-1974, for the purpose of penalty under section 271(1)(c), the explanation which was inserted to the finance act, 1964 w.e.f. 1-4-1964 applies. no penalty is leviable even as per that explanation because the income returned was ..... -53 were made on 20-3-1956 and 29-3-1956 and they resulted in interest under section 18a(5) of the it act, 1922. the assessee did not include the interest under section 18a(5) as the income in the return filed for the assessment ..... arrive at the returned income and that the assessee was, therefore, liable to penalty under section 271(1)(c) of the income-tax act, 1961. considering the facts and circumstances of the case, he imposed a penalty of rs. 2,00,000 after obtaining the previous ..... interest under section 214 is exempt from tax is not tenable. interest received under section 214 is an income chargeable to tax under the it act and there is no question of granting any deduction for the said amount while determining the total income of the assessee. (iv) .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Reported in : (1989)(21)LC106Tri(Kol.)kata
..... curiously, the adjudication order no. 3/cus., dated 3-2-1983, in its concluding lines, also refer to and rely upon the government of india, ministry of finance, notification no. 76-cus/85, dated 19-6-1985 which only deal with "goods which have been exported to nepal from countries other than india" and only ..... in section 111(d). the department has neither pleased nor placed any prohibitory notification either under section 11(r) or under section 111(d) of the act. (3) the act of importation into india being prima facie legal, the provisions of section 111(d) cannot be made applicable by a fiction that the concerned goods were ..... order of customs authorities imposing confiscation and penalties under section 167(8) [now section 111(d)] is quasi-judicial and the customs authority has the duty to act judicially in deciding the question as to confiscation and imposition of penalty. the discretion vested upon the adjudicator must be exercised judicially and not arbitrarily. the collector must .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Reported in : (1989)(20)LC221Tri(Kol.)kata
..... at rs. 30,694/-; and imposing a penalty of rs. 2 lakhs jointly on appellant s/shri k.k. datta and a.n. datta under the provisions of gold control act, 1968 (the act for short).2. the appellant k.k. datta, subsequent to the filing of appeal died and legal representatives have been brought on record.3. shri k.k. datta and ..... of the primary gold, gold ornaments and certain accounts, is not disputed before us. the charges were framed against the appellant for contravention under sections 8 and 27 of the act. the appellants were admittedly pawn-brokers. immediately after the seizure of the ornaments, appellant a.n. datta has given an inculpatory statement admitting the fact that he and his brother .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Reported in : (1988)(18)LC625Tri(Kol.)kata
..... excise, calcutta, dated 15.6.1979 confiscating 2,235.500 grams of gold ornaments and soverigns valued at rs. 62,928.00 under section 71 of the gold (control) act, 1968, the act for short, permitting redemption of the same on payment of a fine of rs. 90,000/- under section 73 of the ..... the penalty jointly imposed on the appellants under the impugned order, we hold that the appellants would be liable for penalty individually on the basis of contravention under the act found against them. the evidence on record clearly indicates that both the appellants have been transacting in gold without a valid licence by taking orders from various third parties ..... that various people have entrusted ornaments for remaking to sri p.k. das who got them manufactured through goldsmith, sri mondal. the proviso to section 71 of the act is very clear that the gold ornaments belonging to third parties would not be liable for confiscation unless there was knowledge or connivance on their part with reference to the .....
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