Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2005)96ITD417(Ahd.)
..... (supra) in which the court has said that the principle of adoption of a liberal interpretation which advances the purpose and object of beneficiant provisions cannot be carried to the extent of doing violence to the plain and simple language used in the enactment as it was neither reasonable or permissible for the court to rewrite the section or substitute words of its own for the actual words ..... issue in the present appeals of the assessee-company relates to the denial of deduction under section 80-i of the income tax act, 1961 ('act' hereinafter), which have been decided by the cit(a)-v, ahmedabad vide his consolidated order dated 27-12-1996, for the assessment years 1991 ..... industrial undertaking during the previous year relevant to the assessment year 1990-91, for the 'manufacture' of 'demineralised water' in the brand name 'bisleri', though claimed deduction under section 80-i of the act in respect of its profits for the first time only for the assessment year 1991-92 as it had no positive income in the first year. ..... and thus, removes the assessee's end product from the purview of excise (heading 22.01 covers "natural or artificial mineral water and aerated waters, not containing added sugar or other sweetening matters, not flavoured ice") nor is it covered under chapter 22.02 which include 'sweetened or flavoured mineral water'; and (c) that if such products are to be considered as excisable, tap water for domestic use supplied by the municipal corporation could also get .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2005)279ITR106(Ahd.)
..... has said that the principle of adoption of a liberal interpretation which advances the purpose and object of beneficent provisions cannot be carried to the extent of doing violence to the plain and simple language used in the enactment as it was neither reasonable nor permissible for the court to rewrite the section or substitute words of its ..... manufacture of a different commercial article with a different class of consumers, and which in the instant case purchased it for manufacturing of biscuits.it was on these considerations that the tribunal departed from its earlier view of the refining of oil as not amounting to manufacture, which was taken in respect of groundnut oil and rice bran oil which were edible even in the unrefined ..... that it is not the assessee's case that it has produced drinking water but manufactured one from raw water and as it is not article or thing specified in the list in the eleventh schedule (to the act), the same would qualify the assessee for deduction under section 80-i of the act.further on, even if the process were to be regarded as only of purification of water for ..... 's end product from the purview of excise (heading 22.01 covers "natural or artificial mineral water and aerated waters, not containing added sugar or other sweetening matters, not flavoured ice") nor is it covered under chapter 22.02 which includes "sweetened or flavoured mineral water"; and (c) that if such products are to be considered as excisable, tap water for domestic use supplied .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2005)97TTJ(Ahd.)985
..... fact that one business can be conveniently closed down without affecting the other business is a strong indication that both the businesses are distinct and separate, but no decisive inference can be drawn from that; (iii) the decisive test is the unity or control which is indicated by interlacing, interdependence and interconnections between the business and that should be shown to exist by reason of ..... foreign exchange contract had no connection whatsoever with the purchase of any assets; that the gain was not utilised for repayment of loan obtained in connection with purchase of assets from abroad; that the gain from cancellation of foreign exchange contract was in rupee which, therefore, could not have been utilised to liquidate any of the foreign exchange liability including those incurred in connection with ..... whether forest land covered by trees of spontaneous growth could be held to be "agricultural lands" within the meaning of section 5 of the estate duty act and in that connection their lordships of the supreme court held that the burden of establishing the exemption from estate duty on the ground that the lands are agricultural lands lies upon the accountable person claiming the exemption. ..... the purpose of earning profits, nor for the purpose of furthering, protecting or continuing its business which was to be carried on from day-to-day.8.3 in the case of anglo india jute mills co. ..... counsel which in fact would cause grave violence to the language of the provision. ..... domestic ..... 2005 .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2005)97ITD125(Ahd.)
..... exchange contract had no connection, whatsoever with the purchase of any assets; that the gain was not utilised for repayment of loan obtained in connection with purchase of assets from abroad; that the gain from cancellation of foreign exchange contract was in rupee which, therefore, could not have been utilised to liquidate any of the foreign exchange liability including those incurred in connection with ..... amount of receipt on cancellation of foreign exchange contract, (ix) depreciation on items on which deduction under sections 35d and 35ab was allowed in the earlier years, (xi) incorrect computation of income from house property by taking the estimated annual letting value.the first ground against the revision order is that the cit has no jurisdiction and made order without considering the record, only considering the ..... whether forest land covered by trees of spontaneous growth could be held to be "agricultural land" within the meaning of section 5 of the estate duty act and in that connection their, lordships of, the supreme court held that the burden of establishing the exemption from estate duty on the ground that the lands are agricultural lands hes upon the accountable person claiming the exemption. ..... the purpose of earning profits, nor for the purpose of furthering, protecting or continuing its business which was to be carried on from day-to-day.in the case of anglo india jute mills co. ..... which in fact would cause grave violence to the language of the provision. ..... domestic ..... 2005 .....
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