Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1989)(41)ELT565TriDel
..... of the said judgment. he states that in para number 4 the hon'ble high court had observed that iron and steel articles are covered under chapter 73 of first schedule to 1975 act. heading no.73.15 relates to alloy steel. stainless steel being alloy steel falls under this heading. in para number 5 the hon'ble high ..... wire circles, angles, shapes and sections strips, sheets and plates of stainless steel.5. a simple perusal of the description of the goods read with note l(m) chapter 73 shows that the imported goods are strips. accordingly we hold that the lower authorities had correctly assessed the imported goods under sub-heading (2) of heading 73.15. ..... india ltd., cochin had filed a revision application to the secretary, government of india, ministry of finance, department of revenue, new delhi. the said revision application stands transferred to the tribunal in terms of the provisions of section 131b of the customs act, 1962 to be disposed of as an appeal.2. briefly the facts of the case are .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1988)27ITD228(Mum.)
..... of the supreme court in cloth traders (p.) ltd.'s case (supra) was not accepted by the department. hence section 80aa was inserted in the act by the finance (no. 2) act, 1980 and its operation was made retrospective with effect from 1-4-1968. this section laid down that where any deduction is required to be allowed ..... indicating gross dividends. the parliament wanted to make it clear that those words meant "net dividends". in order to clarify this limited aspect section 80aa was inserted by the finance (no. 2) act, 1980, with retrospective effect. subsequently, the supreme court itself in the case of distributors (baroda) (p.) ltd. (supra) interpreted words in sub-section (1 ..... making any deduction under chapter vi) and not with reference to gross amount of such dividends.6. a plain reading of section 80aa indicates that object of its insertion by the finance (no. 2) act, 1980 was to nullify the effect of the earlier decision of the supreme court in the case of cloth traders (p.) ltd. (supra .....
Tag this Judgment!Court : Mumbai
Reported in : 1988(3)BomCR581a; (1987)89BOMLR485
..... whether such unit or division is located at the same place... or at a different place or places.'9. we are here concerned with the provisions of chapter iii of the act which deals with 'concentration of economic power'. part a thereof by reason of section 20 within it, applies to an undertaking. if the total value of the ..... such application information with regard to the inter-connection. if any, of the new undertaking (which is intended to be established) with every other undertaking, the scheme of finance for the establishment of the new undertaking and such other information as may be prescribed.(3) (a) the central government may call upon the person or authority to satisfy ..... a.p. sen, j., struck down section 27 having regard to the provisions of article 19(1)(f).35. the judgment in maneka gandhi v. union of india, : [1978]2scr621 , must now be examined in regard to the test to be applied, it was held, following the judgment in (rustom cavasjee coopers case), : [1970]3scr530 that what .....
Tag this Judgment!Court : Gujarat
Reported in : (1987)66CTR(Guj)89; [1987]168ITR805(Guj)
..... to be the income of the previous year relevant for the assessment year 1952-53 and the entire income must be assessed at the rate specified in the relevant finance act.' 11. the abovesaid decision has no bearing on the fact of this case. the condition imposed by the income-tax officer in the abovesaid case treating the period ..... of 15 months as they are applicable to the previous year of 12 months. the assessee shall not claim excess depreciation, investment allowance and other statutory deductions under chapter vi-a in respect of the excess period of 3 months comprised in the previous year.' are quashed. rule is made absolute to the above extent only with ..... of 15 months as they are applicable to the previous year of 12 months. the assessee shall not claim excess depreciation, investment allowance and other statutory deductions under chapter vi-a in respect of the excess period of 3 months comprised in the previous year.....' 2. no doubt, the prayer in the special civil application is wider .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Reported in : (1988)(18)ECC102
..... appearing for the appellants the learned consultant shri chidambaram, contended that the main objective of the modvat scheme has been set out in para 115 of the finance minister's budget speech for 1986-87 that the scheme is to avoid payment of duties on earlier duties paid. it is to avoid the cascading effect ..... any process which is specified in relation to any goods in the section or chapter notes of the schedule of the central excise tariff act, 1985 as amounting to manufacture. the chapter notes 2 and chapter note 4 of chapter 33 of the central excise tariff act indicates that when the goods are packed in unit containers, it would amount ..... which are used for manufacture of the jar viz. hdpe etc. fall under chapter 39 and the inputs of the appellants viz. packing materials fall under chapter 39 while the final products shampoo, talcum powder fall under chapter 33 of the central excise tariff act. the appellants are purchasing the raw materials and sending them to processors for .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1988)26ITD397(Mum.)
..... be clear if the scheme of the act as it now stands after the introduction of chapter vi-a is considered.sections 81 to 85c were deleted by the finance (no. 2) act, 1967 with effect from 1-4-1968. the present chapter vi-a was substituted by the same finance (no. 2) act, 1967. the main scheme of this chapter was that it provided for straight deductions ..... the ito in the body of the order was wrongly mentioned.however, a claim for relief under section 80k was made by the assessee in its letter dated 28-7-1978 at item 6 of the various reliefs claimed.in the course of arguments, the assessee's representative tended to expand the scope of the claim for relief not only ..... v. cit [1961] 41 itr 630, whereas for the department reliance was placed on the decision of the supreme court in cambay electric supply industrial co. ltd. v. cit [1978] 113 itr 84. the tribunal refused to go into this issue in the appeal against the order under section 154. one more point was raised before the tribunal which was .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Madras
Reported in : (1988)26ITD434(Mad.)
..... year. according1 to the supreme court "the effect of this provision was that every individual was liable to income-tax from 1st april, 1950 at the rates mentioned in the finance act, in respect of his total income of the previous year in the merged territories. it is not, and it cannot be, disputed that on 1st april, 1950 the ..... on article 297 of the constitution of india, contended that these areas always formed part of the territory of india. it remains to be seen that article 297 occurs in chapter iii of part xii of the constitution, which, inter alia, deals with the division of property, asset, rights and obligations of the union and of the states. article ..... this is also brought out by the convention of the law of the sea, 1982.29. according to the learned counsel article 297 of the constitution of india occurs in chapter iii of part xii of the constitution, which, inter alia, deals with the division of property, assets, rights and obligations of the union and of the states. according .....
Tag this Judgment!Court : Karnataka
Reported in : 1988(17)LC83(Karnataka)
..... company.2. the petitioners have challenged the constitutional validity of the amendment to section 2(f) and tariff item 27 of the first schedule to the central excise act, effected by finance act (2) of 1980. the relevant provisions, viz., item 27 which stood before its amendment with effect from 17th june, 1980, reads thus:(a) x x ..... (w.p. no. 1539/81), his lordship justice suresh, struck down the provisions of finance (no. 2) act of 1980 in so far as it relates to the tariff item 8312.11 and note ii to chapter 83 of the central excise tariff act, 1985, as ultravires entry 84 of list 1 of schedule vii of the constitution.38. ..... petitioner-company, referred to its earlier decisions rendered on the interpretation of the term 'manufacture' in central excise act. they are:1. union of india v. delhi cloth and general mills : 1973ecr56(sc) ;2. union of india v. ramlal mansukharaj, rewari : 1978(2)elt389(sc) ; and3. alknburry engineers v. ramakrishna dalmia : [1973]2scr257 .24. the court referred .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Reported in : (1989)(24)LC594Tri(Kol.)kata
..... by the collector of customs in his order, (3) no order shall be made under sub-section (1) or sub-section (2) after expiry of one year (subs, by finance act, 1984 for 'two years") from the date of the decision or order of the adjudicating authority. (4) wherein pursuance of an order under sub-section (1) or sub-section ..... been submitted on behalf of the respondents that the said submissions of the department are legally untenable and/or liable to be rejected in limine: (i) section 47 appears in chapter vii which relates to "clearance of imported goods and export goods". it is not disputed that the term 'proper officer' as defined under section 2(34) may mean ..... paras 97 & 98). hon'ble calcutta high court in the case of the income-tax officer 'f' ward, dist. iiia and ors. v. eastern scales (pvt.) ltd. reported in 1978 tlr 1039 had held that section 119(3) does not permit the authorities mentioned therein to interfere with the exercise of judicial or quasi-judicial functions by the income-tax .....
Tag this Judgment!Court : Orissa
Reported in : [1988]173ITR425(Orissa)
..... tax, if any, which would have been avoided if the income as returned by such person had been accepted as the correct income. '8. this was substituted by the finance act, 1968, with effect from april 1, 1968, by the following clause :'(iii) in the cases referred to in clause (c), in addition to any tax payable by ..... but before i come to the decisions, let me first notice the changes made in the law from time to time.5. chapter xxi of the act deals with the ' imposable penalties '. section 271 of this chapter deals with various situations under which penalties can be imposed and reads as follows :' 271(1). if the income-tax officer or ..... the appellate assistant commissioner or the commissioner (appeals) in the course of any proceedings under this act, is satisfied that any person--...... (c) has concealed .....
Tag this Judgment!