Court : Delhi
Reported in : 2009(244)ELT173(Del); ILR1984Delhi406
..... by section 50 of the finance act 2 of 1980 read with fifth schedule, an appellate tribunal was constituted called the customs, excise and gold'(control) appellate tribunal to be called the customs tribun'al consisting of as many judicial and ..... section 129(4) of the finance act further empowered the central government to appoint one or more members of the customs tribunal to be vice president or as the ..... otherwise eligible, it is unlikely that his services would be terminated, and so, before discharging a temporary servant, the authority may have to examine the question about the suitability of the said servant to be continued and acting bona fide in the behalf, the authority may also give a chance to the servant to explain, if any complaints are made against him, or his' competence or suitability is disputed on some grounds arising from the ..... an irresolvable dilemma & an uncross able obstacle because if it was to take the stand that it was its sweet will and whim to terminate the services then it may be accused of arbitrariness and having acted capriciously: but if it gives the motive for its action, namely that the performance of the petitioner was not satisfactory it is accused of stigmatising the petitioner. ..... of having a body outside the departmental personnel to determine these controversies was; realised as far back as 1939 by which income tax act, 1922 was amended by incorporating section 5(a) empowering the central government to constitute and appoint an appellate tribunal. .....
Tag this Judgment!Court : Delhi
Reported in : [1984]149ITR276(Delhi)
..... the assessed had a controlling interest in the company which was mainly financed by them. ..... kohli finance (p) ltd. ..... act, 1961 (hereinafter referred to as 'the act'), at the instance of the assessed raises the following question : '1. ..... the act does not clothe the taxing authority with any power or jurisdiction to re-write the terms of the agreement entered into, particularly in view of the finding of the tribunal that there is nothing to suggest that the parties .....
Tag this Judgment!Court : Delhi
Reported in : [1985]153ITR134(Delhi)
..... this effect : 'where any deduction is required to be allowed under section 80m in respect of any income by way of dividends from a domestic company which is included in the gross total income of the assessed, then, notwithstanding anything contained in that section, the deduction under that section shall be computed with reference to the income by way of such dividends as computed in accordance with the provisions of this act (before making any deduction under this chapter) and not with reference to ..... facts and in the circumstances of the case, the tribunal was legally correct in holding that the rebate under section 85a of the income-tax act, 1961, was admissible to the assessed for the assessment years 1966-67 and 1967-68 4. ..... holding that the income-tax officer was not entitled to deduct from the gross dividend income the proportionate expenditure claimed to be allocable to the earning of dividend while calculating rebate under section 85a of the income-tax act, 1961, for the assessment years 1966-67 and 1967-68 3. ..... it wishes to take the cost of the acquisition of the asset to it as the cost of acquisition for the purpose of section 48 or the fair market value of the asset on the first day of january, 1954. ..... officer was not entitled to deduct from the gross dividend income the proportionate expenditure claimed to be allocable for earning dividend income for the purpose of computing the relief under section 80m of the income-tax act, 1961 for the assessment year 1969-70 5. ..... finance .....
Tag this Judgment!Court : Delhi
Reported in : 1984(18)ELT203(Del)
..... $ 34,000 was an exploratory quotation and was not a firm offered price within the meaning of section 14(1) of the customs act, a special trade discount had nothing to do with the tariff value to be determined under sections 14 of the act and the tariff value was to be determined on the actual price at which the machine was sold ..... lily thomas, learned counsel appearing for the petitioners contended that the expression ' the price at which such or like goods, are ordinary sold or offered for sale' used in clause (a) of section 14(1) mean the price at which the goods were actually sold. ..... value of the machine has been determined in accordance with the provisions contained in section 14(1) and rule 8 and the orders were legal. 4. ..... was approved by the government of india, ministry of finance (department of economic affairs) vide their letter dated october 28, 1966 (annexure c) ..... section 14(1)(a) of the customs act, 1962 and rule 8 of the customs valuation rules, 1963 read as under:- 'section 14(1) ..... 34,000 under rule 8 of the customs valuation rules, 1963 and section 14(1) of the customs act, 1962. ..... such discount was not admissible under sectionn 14(1) of the customs act, no fresh evidence could be produced at the revisional stage ..... for the purposes of the indian tariff act, 1934, or any other law for the time being in force whereunder a duty of customs is chargeable on any goods by reference to their value, the value of such goods shall be deemed to be- (a) the price at which such or like .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1983)(14)ELT2076TriDel
..... in exercise of the powers conferred by sub-section (1) of section 25 of the customs act, 1962 (52 of 1962), read with sub-section (4) of section 32 of the finance act, 1976 (66 of 1976), the central government, being satisfied that it is necessary in the public interest so to do, hereby exempts nylon filament yarn and polyester filament yarn, imported into india ..... quilted blankets other than hosiery, knitwears and embroidered fabrics; (a) the whole of the duty of customs leviable thereon which is specified in the first schedule to the customs tariff act, 1975 (51 of 1975), and (b) the whole of the auxiliary duty of customs leviable thereon under sub-section (i) of section 32 of the said finance act. ..... we do not find any such apparent or hidden meaning in the wording of section 27 of the customs act, whereunder the refund claims could be held to be restricted to or relate to only such orders, as ..... had any such restriction been built in the section, conferring right of claiming refund on the parties, then it could be urged that since there was no error committed, at the time the duty was assessed and levied, because at the ..... no 609/49/77-dbk which was subsequently issued on 15-7-1977(page 53 of the paper book ) in which this distinction had been clearly brought out by putting "embroidered fabrics" as a separate category, and showing "hosiery" and "knitwear" in a separate ..... 609/192/ 76-dbk dated 7th february, '1977, so far as it is relevant for the purposes of these appeals, ..... 1977 .....
Tag this Judgment!Court : Delhi
Reported in : [1984]149ITR245(Delhi)
..... whether, on the facts and in the circumstances of the case, the amount of dividends distributed by the company during the previous year within the terms of clause (c) of the second proviso to paragraph 'd' of the first schedule to the finance act of 1959 is the sum of rs. ..... 2(6a) of the act of 1922. ..... 2(6a) of the act. ..... act, 1922. 2. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1984)7ITD289(Delhi)
..... it was also submitted that the provisions of section 294a have been introduced by the companies (amendment) act, 1965 and had prohibited the payment of compensation to sole selling agents for the loss of office in ..... mico for its own reasons and benefit recently expressed a desire to gec to establish its own sale house in new delhi with a view to replace gec totally as from the 10-2-1977 for the distribution of mico bosch products in the territories assigned to it as aforesaid instead of waiting till february 1982 as stipulated and agreed upon in the aforesaid letters dated 1-9-1973 and 11-6- ..... gec initially expressed serious objection to the aforesaid proposal of mico mainly on the ground of loss of profits for five years from 10-2-1977 but has after extensive discussion and negotiations finally accepted the said proposal of mico on condition that mico shall pay due compensation to gec for the premature loss of office and the ..... mico to the managing director of the assessee-company on 7-12-1972 stated that though the assessee-company were only sole distributors and not sole selling agents of mico, the provisions of the companies act relating to sole selling agents were attracted and for that purpose the appointment was to be rectified for the sake of abundant caution. ..... when in 1972 mico wanted to raise some finances and had to keep the name of sole selling agents, mico had written to the managing director of the assessee-company that they did not consider the assessee as their sole .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1984)(16)ELT445TriDel
..... motu revision, a period of one year was prescribed in terms of the second proviso to sub-section (2) of section 36; (g) instead of a revision by the central government, it is an appeal to the tribunal that is provided in terms of the amended provisions brought into force on 11-10-1982 [section 35b(b)] and a period of three months, from the date on which orders sought to be appealed against were communicated, has been prescribed in terms of sec-section (3) of section 35-b; (h) limitation is procedural arid has retrospective applicability unless expressly stated to the contrary. ..... of a notice dated 7-7-1980 requiring the respondent to show cause as to why the product manufactured by the respondent should not be classified as one falling under item 15aa of the first schedule to the central excises and salt act; (b) against the order of adjudication dated 9-1-1981, an appeal was filed by the respondent to the collector (appeals), bombay; (c) the collector (appeals) had allowed respondent's appeal on 12th of february, 1982 and communicated his order on the ..... nor unfortunately, is a provision analogous to section 30 of the limitation act, 1963, enacted so as to save cases in which the larger period of limitation prescribed under the repealed provision is still to run out even thongh the shorter period made applicable by the amended provision had expired. ..... although enacted by the finance act of 1980, they became operative only on 11-10-1982. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1984)7ITD367(Delhi)
..... is fulfilled but the ito declined to allow the relief on the ground that the fees in question was not received from foreign companies if the definition of 'company' contained in section 2(17)(ii) [as it stood prior to amendment by the finance (no. ..... , the assessee brought the matter by way of appeal before the commissioner (appeals) who after going through the provisions of section 80-o has agreed with the assessee by observing as under : it is clear from a bare reading of the above section that for the appellant to succeed in its claim it has to fulfil two essential requirements, namely, it should have received ..... 's plea that in the face of the approval of the central government, the ito is debarred from satisfying himself about the other requirements of section 80-o for if that were the intention, the only requirement of section 80-o would have been about fees received under an agreement approved by the central government and the section need not have referred to, as it does, other condition of the fees being received from a foreign company. ..... not and whether indian or non-indian, which is or was assessable or was assessed under the indian income-tax act, 1922 (11 of 1922), as a company for the assessment year commencing on the 1st day of april, 1947, or which is declared by general or special order of the board to be a company for the purposes of this act.since either of bbc or roper public opinion research centre is not an indian company or an association, whether incorporated ..... 1977 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1983)6ITD575(Delhi)
..... the points were decided by the commissioner (appeals) in favour of the assessee, in later assessment years, namely, 1977-78 and 1978-79, the commissioner (appeals) has held that the assessee was not an industrial company for the purposes of concession in the rate of tax under the finance act.however, the assessee's claim for being treated as an industrial undertaking under sections 80j and 80hh of the act was accepted by the commissioner (appeals) in both the years. ..... (appeals) has directed that the computation should be made in accordance with the provisions of section 80j as amended retrospectively by the finance (no. ..... assessee's appeal also there is a ground regarding relief under section 80j and it relates to the direction of the commissioner (appeals) that the deduction under section 80j should be worked out in accordance with the provisions of the amended law in this regard with retrospective effect.34. ..... in case, the relief under section 80j is to be worked out, the provisions of section 80j as in force in the relevant assessment years should be taken into consideration having regard to the retrospective amendment of that section as well as any decision which may be pronounced by the supreme court on this question ..... the learned counsel further submitted that the amendment in 1983 including construction activities also specifically should be considered as merely clariflcatory and intended to remedy the result of certain decisions by which construction activities were sought to .....
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