Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1998)66ITD450(Delhi)
..... of the return and the material produced in support thereof. it is true that a notice under s. 143(2) puts into motion the normal procedure of assessment but in chapter xiv which prescribes the procedure for assessment there is no prohibition on the issue of intimation under s. 143(1)(a)(i) after a notice under sub-s. (2) ..... in the cases of l. hazari mal kuthiala vs. ito (1961) 41 itr 12 (sc), m. chockalingam chettiar vs. cit (1973) 91 itr 592 (mad) and delhi auto & general finance (p) ltd. vs. dy. cit (1994) 50 itd 626 (del). no order could be held as invalid because of the label it contains. in the circumstances the order framed under ..... authorised representative, the ao was not empowered to restrict the claim of the assessee in respect of deduction under s. 80hhc by exercising jurisdiction under s. 154 of the act. the assessee carries on exclusive export business as well exclusive domestic business. separate books of account were maintained and separate p&l a/cs were prepared. the ao while .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1996)(88)ELT355TriDel
..... ." 16. the case in telco v. state of bihar -1994 (74) e.l.t. 193 (sc) was decided in the context of the provisions of the bihar finance act, 1981. appellants, manufacturing motor vehicles, trucks etc. were purchasing items like tyres, tubes, batteries etc. and using the same in the manufacture of finished goods. according to ..... .l.).appellants in the other appeals are m/s. mahindra & mahindra (m.a.m.).2. bal manufacture two-wheelers and three-wheelers falling under chapter 87 of central excise tariff act, 1985. they buy hand tools meant for tool kits supplied along with scooters cleared from the factory on payment of duty. they also buy and ..... deionization but confirmed disallowance of modvat credit in respect of hand tools. bal have therefore filed appeal [e/313/93]. m.a.m. manufacture automobiles falling under chapter 87 and certain parts and accessories. they also purchase a large number and variety of parts and accessories. assistant collector held that mam are not entitled to avail .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1996)(88)ELT513TriDel
..... in the state for regeneration into fluid milk does not attract and is not liable to excise duty leviable by item 1b introduced by the finance act, 1969 in schedule i to the central excises & salt act. it is, however, not in dispute that if any sales are effected to third parties of such milk powder in any containers including ..... than in the factory subject to the satisfaction of the collector that skimmed milk powder is intended for use in regeneration of liquid milk and procedure set out in chapter x of central excise rules is followed.2. in contesting the findings of the collector (appeals) the appellants have contended that there was no predetermined quantity to be ..... present case. the collector (appeals) has stated that the goods in question are specified as item 12 of notification no. 17/70-c.e., dated 1-3-1970. this is a totally faulty approach particularly in the circumstances of this case. the fact that an exemption notification refers to a product as falling under a particular tariff .....
Tag this Judgment!Court : Delhi
Reported in : (1998)60TTJ(Del)412
..... by the assessed should be receivable by the assessed in convertible foreign exchange. the expression receivable was substituted by the words received in, or brought into india by the finance act, 1990, w.e.f. 1st april, 1991. the assessed got deduction under s. 8ohhc in the relevant years when the export sales were made in accordance with ..... subsequently amended with which we are not concerned. the words 'receivable' used in s. 8ohhc(2)(a) was substituted by the words 'received in or brought into india' by the finance act, 1990, w.e.f. 1st april, 1991. the learned counsel also invited our attention towards judgments a. v. thomas & co. ltd. vs. cit : [1963]48itr67(sc) ..... , cit vs. birla bros. (p) ltd. : [1970]77itr751(sc) as well as the circular published in (1990) 186 itr 28 . he submitted that all the conditions prescribed in s. 36(2) have been fully complied with. the .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1997)61ITD511(Delhi)
..... by the assessee should be receivable by the assessee in convertible foreign exchange. the expression 'receivable' was substituted by the words 'received in, or brought into india' by the finance act, 1990, w.e.f. 1st april, 1991. the assessee got deduction under s. 8ohhc in the relevant years when the export sales were made in accordance with the ..... subsequently amended with which we are not concerned. the words "receivable" used in s. 8ohhc(2)(a) was substituted by the words "received in or brought into india" by the finance act, 1990, w.e.f.1st april, 1991. the learned counsel also invited our attention towards judgments a. v. thomas & co. ltd. vs. cit (1963) 48 itr 67 ( ..... sc), cit vs. birla bros. (p) ltd. (1970) 77 itr 751 (sc) as well as the circular published in (1990) 186 itr 28 (st). he submitted that all the conditions prescribed in s. 36(2) have been fully .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1996)(88)ELT785TriDel
..... by itself provides for the date from which such amendment shall take effect, taking aid from the principles of interpretation or from the budget speech of the finance minister, to determine the date of effect of such an amendment, is uncalled for.even otherwise it is cardenial principle of interpretation that every statute is ..... & mahindra reported in 1983 (4) scc 392 are also relevant wherein the supreme court laid down that if an amendment was being brought forward by the finance minister, his speech justifying the amendment would be relevant as it would throw considerable light on the object and the purpose of the amendment and his speech ..... credit for the period from april, 1994 to june, 1994 on the electrical goods of chapter 85, namely, load power supply, panels, cables, junction box, transformers, printed circuits and other items or chapter and of chapter 90 of central excise tariff act, 1985, namely master cord station monitor controller i/p assembly controller resistance, i/p cord .....
Tag this Judgment!Court : Delhi
Reported in : 70(1997)DLT152
..... poonam kochar and mrs. neeraj gupta. a perusal of the same reveals that. the income tax authorities exercised their powers of pre-emptive purchases under chapter 26c of the income tax act in respect of plot of land measuring269.10sq. mtrs. and bearingno. 122a, block b7, safdarjang enclave, new delhi, even when the apparent consideration ..... much water has flown down the bridge sincethen, there is a world of change in the circumstances, conditions and situations obtaining at that time in the year 1970 and the circumstances and conditions prevalent in the year 1986. thus to equate two members at par with regard to the allotment of land at the same ..... and allotment of plots amongst the members of the petitioner society by respondent no. 5 vide agreement dated 31.1.1966 and a lease deed dated 29.7.1970. respondent nos. i to3 herein applied for membership of the petitioner socirity. the managing committee approved their membership in principle subject to compliance with the prescribedprocedure. .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1997)(90)ELT91TriDel
..... impex (india) corporation. on going through these letter he told the investigating authorities that he had no knowledge of this type of agreement/understanding as all formalities like arranging finance had been done by shri v.k. dubey. he also admitted about the modus operandi adopted for importing these goods for sale to implex (india) corporation. the entire ..... on the declared price as already noted above. shri v.k. dubey who was working as a liason officer admitted, his role in finalising the contract, arranging the finance and in obtaining plain paper copiers and about his getting rs. 7,000/- per plain paper copier for arranging the clearance. the dri officers had also seized several ..... the judgment rendered in the case of the commissioner of income tax v. anwar ali, as reported in air 1970 sc1782, wherein the hon'ble supreme court held that proceedings under section 28 of the income tax act are of a penal nature and the burden is on the revenue to prove that the receipt of the amount .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1996)(87)ELT93TriDel
..... is an appeal against the order dated 9-4-1992 passed by the additional commissioner of central excise & customs, chandigarh. the appellants manufacture refractoryproducts covered by chapter 69 central excise tariff act, 1985. in their declaration under rule 174 of central excise rules they had declared the value of clearance of goods as rs. 4,86,163.25 ..... was a [scarce] raw material. as has been observed by the madras high court in the case of state of tamil nadu v. india crafts & industries - 1970 25 stc 466 quoted in the tribunal decision (supra), merely because the assessee conducted himself in a manner which was not conducive to ethics, the taxing authority could ..... under taxing statute while concluding best judgment assessment it should be based upon facts and circumstances found by the assessing authority himself and he is not entitled to act wholly on the basis of the report made by the other authorities or an admission made by the party before the other authorities. in the facts and .....
Tag this Judgment!Court : Delhi
Reported in : [1996]221ITR430(Delhi)
..... the amounts involved is very small and the issue is also of non-recurring nature in view of the omission of s. 280d along with other sections of chapter xxii-a by the finance act, 1988 w.e.f. 1st april, 1988, we feel that it would not be worthwhile to refer the case to a larger bench particularly when for the earlier ..... , the aac accepted the viewpoint of the assessed and deleted the addition. on further appeal by the revenue, the tribunal, following its earlier order in respect of the asst. yr. 1970-71, held that the said amounts were taxable in the hands of the executor. at the instance of the assessee, thereforee, the afore noted questions have been referred. 3. at ..... has not been challenged further. 6. in this view of the matter, following the decision of this court in the assessor's own case in respect of the asst. yr. 1970-71, we answer the questions in the affirmative, i.e., in favor of the revenue and against the assessee. there will, however, be no order as to costs. .....
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