Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2006)282ITR151(Delhi)
1. The President, Income-tax Appellate Tribunal has originally referred the following question for my opinion as Third Member on a difference of opinion between the two Members : Whether, on the facts and in the circumstances of the case, the enhanced compensation received by the assesses was taxable in the hands of the assessee as income despite the fact that the quantum of enhanced compensation awarded is subject matter of proceedings before the appellate forum by the State Government as well as by the assessee and the quantum of enhanced compensation has not affined finality and the assessee has received a part of the enhanced compensation and interest on enhanced compensation pursuant to interim orders passed by the appellate court? 2. This question arises, in the appeal for Asst. Year 1995-96. There was another difference between the two Members with regard to the taxability of interest received on the aforesaid disputed enhanced compensation and that arose in the appeal for Asst...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2956 OF2007|LARSEN & TOUBRO LIMITED |.....APPELLANT(S) | |VERSUS | | |ADDITIONAL DEPUTY COMMISSIONER | | |OF COMMERCIAL TAXES & ANR. |.....RESPONDENT(S) | W I T H CIVIL APPEAL No.2318 OF2013A N D CIVIL APPEAL No.7241 OF2016JUDGMENT A.K. SIKRI, J.Same parties are entangled in these three appeals which arise out of the provisions of the Karnataka Sales Tax Act, 1957 (hereinafter referred to as the 'Karnataka Act'). Two appeals are preferred by the assessee, viz. Larsen & Toubro Ltd., and one appeal is filed by the Revenue, i.e. the Sales Tax Department of Karnataka. The assessee is doing the business of engineers and contractors and in this process it, inter alia, executes projects under contracts with public sector undertakings, local bodies as well as the Union and the State Governments, besides private sector. The assessee is registered under the Karnataka Act and files its returns for payment of sal...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE2023INSC917IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 11128 OF2016C.I.T., DELHI ....APPELLANT(S) VS. BHARTI HEXACOM LTD. ...RESPONDENT(S) WITH CIVIL APPEAL NO(S). 4902/2022 CIVIL APPEAL NO(S). 162/2018 CIVIL APPEAL NO(S). 159/2021 CIVIL APPEAL NO(S). 4839/2017 CIVIL APPEAL NO(S). 153/2021 CIVIL APPEAL NO(S). 6897/2018 CIVIL APPEAL NO(S)._ _______of 2023 (@ SLP (C)_________OF2023(@DIARY NO(S). 4178/2019) CIVIL APPEAL NO(S). ________of 2023 (@ SLP(C) No.24740/2019) CIVIL APPEAL NO(S). ________of 2023 (@ SLP(C) No.20863/2019) CIVIL APPEAL NO(S). 158/2021 CIVIL APPEAL NO(S). 302/2021 CIVIL APPEAL NO(S). 303/2021 1 CIVIL APPEAL NO(S). 11149/2016 CIVIL APPEAL NO(S). 11148/2016 CIVIL APPEAL NO(S). 11130/2016 CIVIL APPEAL NO(S). 11131/2016 CIVIL APPEAL NO(S). 11134/2016 CIVIL APPEAL NO(S). 11132/2016 CIVIL APPEAL NO(S). 11136/2016 CIVIL APPEAL NO(S). 11133/2016 CIVIL APPEAL NO(S). 11135/2016 CIVIL APPEAL NO(S). 11137/2016 CIVIL APPEAL NO(S). 11140/...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT
Reported in : (2001)71TTJ(Bang.)709
The first of set appeals by the assessee has been preferred against the consolidated order of the Commissioner (Appeals), dated 30-12-1994, for the assessment years 1988-89, 1989-90 and 1990-91, respectively and the other set of appeals also has been preferred by the assessee against the consolidated order of the Commissioner (Appeals), dated 12-5-1994, for the assessment years 1991-92, 1992-93 and 1993-94 respectively.. The main point for consideration in all these appeals is whether the assessee is entitled to deduction under section 80HHC. According to the department the assessee is exporting granite and granite being a mineral, the deduction under section 80HHC is not admissible. However, according to the assessee, the assessee is dealing in export of polished granite and article made of granite termed by the learned counsel for the assessee, Shri Venkatesan as "graniteware".. The assessment orders for the years 1988-89 and 1989-90 indicate that the assessments originally does for...
Tag this Judgment!Court : Karnataka
Reported in : ILR1985KAR339; [1985]59STC302(Kar)
ORDERHakeem, J. 1. This revision petition under section 23(1) of the Karnataka Sales Tax Act, 1957 (hereinafter referred to as the Act) is directed against the order dated 12th June, 1978 passed is S.T.A. No. 153 of 1976 by the Karnataka Appellate Tribunal, Bangalore, confirming the levy of purchase tax under section 6 of the Act in respect of the turnover of raw cashewnuts for the assessment year 1st October, 1970 to 30th September, 1971. 2. The petitioner, which is a company, is a dealer carrying on business in cashewnuts, chemical, fertilisers, copper sulphate, gunny bags and other commodities. The petitioner is also having its cashew factory and coffee curing works. For the period from 1st October, 1970 to 30th September, 1971 the petitioner-company declared the total and taxable turnover at Rs. 3,85,90,385.96 and Rs. 71,50,695.93 respectively. The assessing authority rejected the declared turnover and estimated that same at higher figures. In this petition, however, we are concern...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2009)223CTR(SC)321; JT2009(11)SC151; 2009(7)SCALE341(1); (2009)12SCC209; [2009]17STJ237(SC); 2009[14]STR593; [2009]20STT203; 2009(6)LC2739(SC); (2009)24VST1(SC); 2009AIRSCW5301
S.B. Sinha, J.1. Leave granted.2. Whether sale, promotion and marketing of lottery tickets would be exigible to `Service Tax' within the meaning of the provisions of Section 65(105) of the Finance Act, 1994 (hereinafter called and referred to for the sake of brevity as `the Act') is the question involved in this appeal which arises from a judgment and order dated 18.9.2007 passed by the High Court of Sikkim in Writ Petition (C) No. 19 of 2007.3. Respondents are agents of the State of Sikkim. The State Government floated 'schemes' whereby the total number of tickets therefor was prescribed. In terms of the said schemes, the respondent purchases all lottery tickets in bulk form on 'all sold basis'. It pays Rs. 70 per ticket for the face value of Rs. 100/-. In turn, it sells the ticket to its principal stockists on 'outright' and 'all sold basis': It makes a profit out of the margin out of the difference between the amounts received from the principal stockists and the amounts paid to the...
Tag this Judgment!Court : Chennai
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED :26. 06.2013 CORAM : THE HONOURABLE Mrs.JUSTICE R.BANUMATHI and THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM Writ Petition Nos.29398 of 2010, 482, 483, 1361, 7887, 17245, 28040 of 2011 231, 832, 2138, 2947, 3144, 4904, 5777, 5900, 5902, 5904, 5906, 6220, 31291 of 2012 1676, 1777, 3362, 6575, 15259, 16461 and 17223 of 2013 W.P.No.29398 of 2010: -------------------- M/s.AGS Entertainment Private Limited, Flat No.B-2, First Floor, Shoba Flats, No.12, 10th Avenue, Ashok Nagar, Chennai-600 083 rep. by its Director. .. Petitioner vs. 1.Union of India, Secretary Ministry of Finance, Department of Revenue, North Block, New Delhi-110 001. 2.The Central Board of Excise and Customs, North Block, New Delhi-110 001. 3.The Commissioner of Service Tax, MHU Complex, No.692, Anna Salai, Nandanam, Chennai-600 035. .. Respondents W.P.No.482 of 2011: ------------------ Ananda Pictures Circuit rep. by its Proprietor L.Suresh, 4th Floor, Raheja Complex, 834, Anna ...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (2003)86ITD96(Kol.)
1.This appeal is directed against the order dt. 31st Jan., 1995, passed by the CIT, West Bengal-II, Calcutta, under Section 263 of the IT Act, 1961. Although the assessee has raised as many as seven grounds of appeal, the assessee's only substantive grievance is that the assessment order sought to be revised by the CIT was not erroneous at all and, as such, the CIT's interference was uncalled for.2. The issue in appeal lies within narrow compass of facts. The assessee is engaged in the business of processing raw mica and converting the same into 'fine mica' and 'fabricated mica products'. It is on export sales of these mica products that deduction under Section 80HHC was claimed by the assessee and the same was allowed in the assessment under Section 143(3) for the assessment year in question, which was completed on 4th Feb., 1993. The assessee was allowed this deduction under Section 80HHC amounting to Rs. 10,16,493 which, consequent to appellate order being given appeal effect, was ...
Tag this Judgment!Court : Karnataka
Reported in : ILR1995KAR2853
G.C. Bharuka, J.1. These writ petitions have been filed by the petitioners seeking a declaration from this Court to the effect that the instruction/clarification issued by the Commissioner under annexure A and the Notification No. S.O. 1707, dated November 25, 1989 (annexure B), are contrary to the provisions of sections 5(1-A), 3A and 8A of the Karnataka Sales Tax Act, 1957 (in short, 'the Act', hereinafter) and are as such ultra vires their powers and cannot be enforced. 2. The petitioners are wholesale dealers in Indian manufactured liquor such as whisky, rum, etc. They are registered dealers under the provisions of the Act. The petitioners purchase the liquor from the manufacturers and the Mysore Sales International Limited, Bangalore (in short, 'MSIL') and sells it to the retail dealers in liquor. MSIL holds a distributor licence under the Karnataka Excise (Sales of Indian and Foreign Liquors) Rules, 1968. 3. The levy of tax on alcoholic liquors for human consumption, in contradis...
Tag this Judgment!Court : Chennai
Reported in : [1977]39STC103(Mad)
V. Ramaswami, J.1. The assessees are dealers in paddy and rice. For the assessment year 1961-62, they returned a total and taxable turnover of Rs. 1,58,289.50 and Rs. 1,56,713.48 respectively. On a check of accounts, it was found that the account books disclosed a total turnover of Rs. 2,91,462.28 and the assessing officer adopted this figure adding another sum of Rs. 8,761.20 in respect of some deficit amount noticed. By an order dated 5th October, 1962, the assessing officer determined the total turnover at Rs. 3,00,223.48 and the taxable turnover at Rs. 1,65,995.39. For the assessment year 1962-63, similarly the assessing officer adopted the turnover as disclosed in the accounts as against the turnover returned adding a sum of Rs. 8,254.40 to the turnover disclosed in the accounts on account of some discrepancy in the stock noticed and determined the total turnover at Rs. 4,55,529.67 and the taxable turnover at Rs. 3,40,327.14. This assessment order is dated 29th August, 1963. In Ju...
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