Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1998)67ITD252(Delhi)
..... to the unitwise profits; and (b) without reducing the brought forward losses/allowances. the cit (a) held that the deduction under s. 80-i of the act was admissible on the profits derived from two eligible industrial undertakings that manufacturing of xerographic equipment and manufacturing of toner, developer, photo-receptor and not the third activity, ..... that the cost of corrugated fibreboard containers would not be included in the value of cigarettes for the purpose of assessment of excise duty. the company acted upon this representation. later when the excise duty was sought to be levied on a different basis, it was held that when based on representation of ..... neither erroneous nor prejudicial to the interest of the revenue. the items manufactured by the assessee-company are beyond the ambit of sch. xi of the act. the item manufactured by the assessee being xerographic equipment and systems comes under the head "high technology reproduction and multiplication equipment" (serial no. 20 of .....
Tag this Judgment!Court : Delhi
Reported in : 73(1998)DLT732
..... in united states reported in stewart hall v. ampad corporation, 34 us p.q. 1428 which was rendered under section 43-a of the act called lahham act. i do not think that this decision renders any assistance to the plaintiffs.67. i was shown the suit-cases manufactured by the plaintiffs and ..... casting, embossing, engraving, staining, or any other means whatever, manual, mechanical, or chemical, separate or combined.'in 1919 further change was made in the patents and designs act 1919 :-' `design' means only the features of shape, configuration, pattern, or ornament applied to an article by any industrial process or means, whether manual, mechanical or ..... of drawings, annexed at annexures 'b' 'b1' and 'b2' to the application. these drawings constitute an 'original artistic work' within the meaning of the copyright act. the disputed suitcases are an identical 3 dimensional reproduction of these drawings. vipil have thereforee infringed the copyright in the said drawings, and/or (b) the plaintiffs' .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1999)68ITD80(Delhi)
..... order. it is abundantly clear that there was excessive deferment of the action which the deputy commissioner (acquisition) was bound to take under section 269f of the act. revenue failed to give any cogent reasoning for inordinate and inexcusable delay. this, is sufficient to vitiate the order. therefore, the order passed by the deputy ..... order. it is abundantly clear that there was excessive deferment of the action which the deputy commissioner (acquisition) was bound to take under section 269f of the act. revenue failed to give any cogent reasoning for inordinate and inexcusable delay. this, is sufficient to vitiate the order. therefore, the order passed by the deputy ..... before us that the acquisition proceedings were initiated, in pursuant to that on 7-11-1986, d.c. (acquisition) issued the notice under section 269d of the act. the acquisition order was passed on 23rd january, 1998. it took more than 11 years time to finalise the proceedings. this, according to the learned counsel, .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
..... such variation. moreover, the property continues to be under tenancy of the trust as per the lease agreement from may, 1982 without any change.as per the rent control act the rent earlier fixed cannot also be increased without the mutual agreement of both the parties. thus, the department having accepted the genuineness of the trust and having assessed ..... the case of cit vs. raghuvir saran charitable trust (1991) 183 itr 297 (del) and submitted that the market rent of the property assessable under s. 23 of the it act cannot be more than the standard rent. he also placed reliance on the decisions in cit vs.raghuvir saran charitable trust (supra), k. t. doctor vs. cit (1980) ..... decisions were also relied upon on the applicability of the principles of res judicata in tax matters. the cit(a) considered the provisions of s. 23 of the it act and finally came to the conclusion that since the property in question given to the trust on rent was immediately let out by the trust on annual rent of rs .....
Tag this Judgment!Court : Delhi
Reported in : (1998)62TTJ(Del)399
..... variation. moreover, the property continues to be under tenancy of the trust as per the lease agreement from may, 1982 without any change. as per the rent control act the rent earlier fixed cannot also be increased without the mutual agreement of both the parties. thus, the department having accepted the genuineness of the trust and having assessed ..... court in the case of cit vs. raghuvir saran charitable trust (1991) 183 itr 297 and submitted that the market rent of the property assessable under s. 23 of the it act cannot be more than the standard rent. he also placed reliance on the decisions in cit vs . raghuidr saran charitable trust (supra), k.t. doctor vs, cit : [ ..... decisions were also relied upon on the applicability of the principles of rest judicata in tax matters. the cit(a) considered the provisions of s. 23 of the it act and finally came to the conclusion that since the property in question given to the trust on rent was immediately let out by the trust on annual rent of rs .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1998)(62)ECC421
..... by the appellants, the ratio laid down in everest converters was followed. examining the nature of exemption notification issued under section 5a(1) of the central excises and salt act, 1944 or under the erstwhile rule 8(1) of the central excise rules, 1944, it was observed by the bench that an exemption notification is a beneficiary piece ..... it is in accordance with the power conferred by the statute and has statutory force and authority and, therefore, the exemption under notification is as if contained in the act itself. he submits that with the issue of the notification, the rate prescribed under the central excise tariff gets completely wiped out and it cannot be said that the ..... , tribunal held that it is the option of the assessee to claim or not to claim benefit of exemption notification issued under section 5a(i) of central excises and salt act. again tribunal in case of cce, madras v. sharna industries - 1998 (103) e.l.t. 115 (t) = 1997 (71) ecr 122 held that the question whether .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1999)69ITD124(Delhi)
..... deed or the right of the partners. thus the decision of the hon'ble supreme court was distinguished insofar as the same was rendered under the provisions of it act, 1922.15. reference to above case law is purposive. this is to comprehend the meaning of expression 'genuine' in relation to grant and cancellation of registration. ..... to instrument of partnership deed but in case it had not distributed the profits earned by it in the black market amongst the partners according to the partnership act, the firm was not entitled to the renewal of registration for the concerned assessment year. this decision however, was considered by their lordships of delhi high court ..... 3. relying strongly on the orders of the ao the learned departmental representative emphasised reasons leading to the cancellation of registration under s. 186(1) of the act in respect of the three concerned firms. it was submitted that while all the partners of three firms are closely related, the businesses of all the firms .....
Tag this Judgment!Court : Delhi
Reported in : 1998VAD(Delhi)47; 75(1998)DLT269; 1998(47)DRJ531
..... service code. your above said acts are also prejudicial to the interests of the bank thereby you have committed a gross misconduct within the meaning of chapter-xi, regulation 3 clause (m) of canara bank ..... the cheque leaves in question by forging the signature of the a/c holder and got the same presented to encash the cheques fraudulently. by your above said fraudulent acts you have caused damage to the property of the bank thereby committed a gross misconduct within the meaning of chapter-xi, regulation 3, clause (j) of canara bank ..... an handwriting expert. 8) under the circumstances, the bank may be put in difficulties and may not be entitled to the protection under sec.10 of n.i.act. payment in due course means: in accordance with the apparent tenor, in good faith and without negligence, under the circumstances which do not afford a reasonable ground for .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
..... order of the learned cit(a) on the issue.5. the second ground of appeal relates to the relief allowed on account of addition made under s. 43b of the act. before us it was conceded by the learned departmental representative that the issue is to be decided in the light of the decision of the hon'ble supreme court in .....
Tag this Judgment!Court : Delhi
Reported in : (1999)64TTJ(Del)507
..... order of the learned commissioner (appeals) on the issue.5. the second ground of appeal relates to the relief allowed on account of addition made under s. 43b of the act. before us it was conceded by the learned departmental representative that the issue is to be decided in the light of the decision of the hon'ble supreme court in .....
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