Court : Mumbai
Decided on : Sep-17-1984
Reported in : 1984(3)ECC292; 1984(18)ELT701(Bom)
..... union of india and ors. reported in 1983 e.l.t. 239 (del) a division bench of the delhi high court, considered another amendment made in the central excises and salt act, 1944 by the same act, namely, the finance act of 1982. the amendment which was required to be considered by the delhi high court also contained in the amendment ..... however, that the provisions of section 4 including the explanation are subject to the other provisions contained in the central excises and salt act, 1944. this contention appears to be sound. under the saving clause to section 47 of the finance act of 1982, (as a result of which section 4(4)(d)(ii) was amended with retrospective effect from ..... the value of the assessable goods.25. in the present case the petitioners have also challenged the retrospective amendment to section 4 which has been made by the finance act of 1982. as a result of such retrospective amendment the explanation to section 4(4)(d)(ii) has been added with retrospective effect from 1-10-1975. .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-09-1984
Reported in : [1985]57CompCas241(Bom)
..... admitted, another affidavit-in-reply was filed on may 17, 1984. the lic denied that in issuing the said requisition it had acted at the behest of the central govt. or because petitioner no. 2 did not succumb to the pressure allegedly exerted by it and other financial institutions to register the ..... foreign trade and export credit guarantee corporation and held various positions as secretary, commerce, chief controller of imports, ministry of commerce, special secretary, ministry of finance, permanent secretary ministry of commerce and secretary and then principal secretary, ministry of defence. he was also ambassador of india to belgium. he was the ..... prepayment of loans on december 31, 1983. at a meeting of the board of directors of the petitioner-company, d. n. davar of the industrial finance corporation of india (ifci), representing all financial institutions insisted : (i) that the petitioner-company should recall the cheques lodged with the financial institutions towards prepayment .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-29-1984
Reported in : [1985]11ITD767(Mum)
..... the bombay high court in the case of cit. v. shah nanji nagsi : [1979]116itr292(bom) as the explanation 2 to section 37(2a), inserted by the finance act, 1983, would apply only from the assessment year 1976-77 onwards. the learned counsel also argued that these expenses included sales promotion allowances paid to the supervisory staff to ..... if there is any ambiguity in the law. he was of the opinion that no assistance could be drawn from the classification made in item 14 of the central excise tariff on which reliance was placed by the assessees learned counsel. he pointed out that item 26 in the eleventh schedule is quite clear and it includes pigments ..... it. therefore, considering the language and the spirit behind section 32(2a) as well as the facts that, subsequently, the legislature has itself omitted item 26 by the finance act, 1981, with effect from 1-4-1982, i hold that the appellant is entitled to the deduction of investment allowance claimed by it in respect of plant and machinery .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Apr-28-1984
Reported in : (1984)(18)ELT367Tri(Mum.)bai
..... be specified therein : ...". it will be seen that this rule clearly provides for grant of rebate of duty paid (emphasis ours).again, the government of india, ministry of finance, notification no.197/62-ce, dated 17-11-62 issued in terms of the above rule, lays down various conditions and limitations subject to which the rebate may be ..... to the gross amount paid or payable but can never exceed it.21. we may observe that the central excises and salt act, 1944, is an act to consolidate and amend the law relating to central duties of excise. section 37(2) (xvi) of the act empowers government to make rules to "provide for. the grant of a rebate of the duty paid ..... issued in exercise of the powers conferred by. rule 12 and read with rule 173rh. therefore, it could not be construed or acted upon independently of those rules. shri pattekar drew our attention to the ministry of finance (department of revenue) notification no. 197/62-ce dated 17-11-62 issued under rule 12 and specifying the goods on .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Jan-12-1984
Reported in : (1985)(19)ELT503Tri(Mum.)bai
..... consideration before the supreme court in a case reported in air 1971 supreme court page 2280, navinchandra v. central board of excise and customs. section 129 (1) of the customs act, 1962 as it stood prior to coming into force of finance act 2 of 1980 read 129. (1) 'where the decision or order appealed against related to any duty ..... court.during the hearing as in the present case the learned counsel before the supreme court contended that section 129(1) of the act did not give any power to the board of central excise and customs to dismiss the appeal for non-compliance with the requirement regarding deposit of penalty amount. while considering this contention the ..... demanded in respect of goods which are not under the control of the customs authorities or any penalty levied under this act, any person desirous of appealing against such decision or .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-04-1984
Reported in : 1986(26)ELT676(Bom)
..... more cases of this court (both division bench decisions) where the aforesaid decision of the supreme court has been applied to orders passed by the statutory authorities under the central excise and salt act see 1980 e.l.t. 258 bush (india) ltd. v. union of india and 1983 e.l.t. 2289 dunlop rubber company v. m. v. raghavan ..... v. state of orissa and a decision of allahabad high court reported in 1984 e.l.t. 1 (allahabad) modi spinning and weaving mills co. v. assistant collector of central excise, ghaziabad. as against this shri hidyatullah relies on : [1970]78itr26(sc) hirdaya narayan v. income tax officer, bareli and a division bench decisions of this court in ..... main dealers are not related persons within the meaning of section 4(4)(c) of the act and that the transactions between the two parties is on principal to principal basis. shri vishwanathan, who is the manager of the petitioners company (finance and system) has filed an affidavit on 26th march 1985 to the effect that all agreements .....
Tag this Judgment!Court : Mumbai
Decided on : Nov-05-1984
Reported in : (1985)87BOMLR6
..... been recovering from its distributors, could not be included in the definition of the term 'sale price' either under the bombay sales tax act or under the said act, viz. the central sales tax act, and that the purpose of the recovery of service pool charges was to maintain an expert fleet of mechanics who would be available to ..... on 'inclusive terms'. meals were served to non-residents also in the restaurant located in the hotel. in the assessment proceedings of the appellant under the bengal finance (sales tax) act, 1941, as extended to the union territory of delhi, for the years 1957-58 and 1958-59, the following two questions were referred for determination to ..... must be regarded as ministering to a bodily want or to the satisfaction of a human need. the definition of the term 'sale' under the bengal finance (sales tax) act, 1941, shows that the said term was defined asany transfer of property in goods for cash or deferred payment or other valuable consideration including a transfer of .....
Tag this Judgment!Court : Mumbai
Decided on : Mar-31-1984
Reported in : [1986]17ITD795(Mum)
..... year 1977-78 as also on addl. cit v. madras fertilisers ltd. : [1980]122itr139(mad) , cit v. united wire ropes ltd. : [1980]121itr762(bom) and new central jute mills co. ltd.s case (supra).5. the learned counsel for the assessee relied on the decisions of the tribunals, special bench namely, arasan aluminium industries (p.) ltd. v ..... was not assessable.2. the assessee-company was setting up a sugar mill during the accounting year under consideration ending 31-3-1978. it had borrowed funds from industrial finance corpn., indian overseas bank, u.p. state sugar corpn., etc., on which during the relevant accounting year it paid interest of rs. 9,13,380. the part ..... revenue expenditure.7. the bombay high court in smt. zubedabai v. cit 1983 tax lr 1518 held that for claiming deduction under section 57(iii) of the income-tax act, 1961 (the act) nexus between the expenditure and income has to exist.8. the madhya pradesh high court in m. p. state industries corpn. ltd. v. cit : [1968]69itr824 .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Decided on : Jan-10-1984
Reported in : (1984)(16)ELT294Tri(Mum.)bai
..... specified parts and accessories continued to be under item 34a till 10-5-1979 when the finance bill of 1979 came into force as an act of parliament. on the same date, i e. 10-5-1979 notification no. 187/79, was issued by the central government which, inter alia, substituted the expression "item no. 34-a", with the ..... the notification was expressly made inapplicable to 15 specified parts which were the items specifically enumerated in item no. 34-a of the cet with the enactment of the finance bill of 1979. in other words, the notification applied to parts and accessories of motor vehicles falling under item no. 34a other than the 15 items specifically enumerated ..... expression "item no. 68" in notification no.166/79. this change was, apparently because, with the enactment of the finance bill, the .....
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