Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1985)(19)ELT122TriDel
1. These are four appeals involving common questions of fact and law and hence they were taken up for hearing together.2. This appeal and the other appeals involve the interpretation of the term "Ocean-going vessels". By Notification 89/79 of Central Excise, dated 1-3-79, the Central Government exempted goods falling under Tariff Item No. 68 and cleared for home consumption on or after 1st April in any financial year by or on behalf of a manufacturer upto an aggregate value not exceeding Rs. 15,00,000/-. The assessee could avail the benefit of the exemption provided an officer, not below the rank of an Assistant Collector, was satisfied that the sura total of the value of the capital investment made from time to time on plant and machinery was not more than Rs. 10,00,000/-. By Notification 105/80, dated 19-6-80, Notification 89/79 was superseded and certain modifica- tions were made in regard to the clearances and the eligibility was fixed for the period from 1st April in any financia...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Calcutta
Reported in : (1985)LC488Tri(Kol.)kata
1. The Scindia Steam Navigation Co. Ltd., 15, Park Street, Calcutta-700 010 had filed a revision petition before the Additional Joint Secretary, Govt. of India, Ministry of Finance (Dept of Revenue), New Delhi, being aggrieved from Order No. 1324/80 dated the 21st day of July, 1980 passed by the Appellate Collector of Customs, Calcutta.After the coining into existence of the Tribunal the said revision petition stands transferred to the Tribunal in terms of the provisions of Section 131B of the Customs Act, 1962 and is being disposed of as an appeal.2. Briefly the facts of the case are that the vessel M.V. Jaladharma carried a consignment of 3 packages equipments from Odessa to Calcutta on account of the Bokaro Steel Ltd., Calcutta in respect of Line No. 52 Rot No. 707/44.The Port Trust of Calcutta had reported shor-landing of one package equipment. The learned Assistant Collector had asked the appellant to explain why penal action should not betaken against him under Section 116 Of th...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Kolkata
Reported in : (1984)10ITD887(Kol.)
1. This appeal has been filed by the assessee against the order dated 22-4-1982 of the Commissioner (Appeals). This appeal relates to the assessment year 1977-78. The relevant" previous year was the calendar year 1976. The assessee is a company deriving income from business in the manufacture and sale of silk fabrics.2. The first ground in this appeal relates to the computation of the relief under Section 80HH of the Income-tax Act, 1961 ('the Act'), due to the assessee. The assessee manufactures silk in a backward area qualifying for relief under Section 80HH. The place of manufacture is organised as a branch having its own branch accounts. The goods produced were sold by the head office. The head office maintains a separate account. There is a very small portion of purchase and sale by the head office apart from the sale of the goods received from the branch. The dispute in this appeal does not relate to the question as to whether the assessee is entitled to the relief under Section...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Hyderabad
Reported in : (1985)11ITD20(Hyd.)
1 to 6. [These paras are not reproduced here as they involve minor issues.) 7. The next point in this appeal relates to deduction allowable under Section 80HH of the Income-tax Act, 1961 ('the Act'), in respect of profits attributable to sale proceeds of scrap and drums. The learned departmental representative submitted that the Commissioner (Appeals) erred in holding that the assessee is entitled to deduction under Section 80HH in respect of profits attributable to sale proceeds of scrap and drums and value of stock at close of the accounting year.8. The assessee is a domestic company in which the public are not substantially interested. Its main activity was manufacture and sale of super-enamelled aluminium, copper wire and DPC wires. The assessee claimed a deduction of Rs. 46,393 under Section 80HH, being 20 per cent of Rs. 2,31,963 in the revised return filed. This deduction was claimed as allowable on the profits and gains derived from the industrial undertaking. According to the...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1984)10ITD552(Delhi)
1. This appeal is filed by the assessee against the order of the AAC.It is relevant for the assessment year 1980-81.2. The assessee-firm was constituted vide partnership deed dated 2-4-1978. Application in Form No. 11 was filed on 30-3-1979 for registration of the firm. The ITO was satisfied with the genuineness of the firm and registration was allowed for the assessment year 1980-81.3. In the course of the assessment proceeding the ITO noticed that the assessee claimed depreciation on enhanced value of some old machinery and building used previously by a firm of the same name Ashok Theatres, Shamli. Since the ITO was not convinced about the genuineness of the claim, he took recourse to Section 43(7) of the Income-tax Act, 1961 ('the Act'). After getting the approval of the IAC in this behalf the ITO revalued the assets as follows: The ITO, accordingly, allowed the claim of depreciation on the above basis.4. Aggrieved by the said order the assessee went in appeal before the AAC, who, ...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1985)13ITD337(Mum.)
1. The departmental appeal relates to the assessee's assessments for the assessment years 1977-78 and 1978-79 for which the respective previous years are from 1-7-1975 to 30-6-1976 and from 1-7-1976 to 30-6-1977. Cross appeal is by the assessee for the assessment year 1978-79. For the sake of convenience, all the three appeals are disposed of by a consolidated order.2. The assessee is a registered firm. It has entered into distributorship agreement dated 24-12-1974 with Kamani Metallic & Oxide (P.) Ltd. ('Kamanis'). The agreement is for a period of three years with a provision for renewal on mutual agreement. Clause 13 provides for termination of the agreement by giving four months' notice in writing by either party and clause 12 of the agreement provides for a deposit of Rs. 10 lakhs by the assessee or by its nominees with Kamanis, which is to carry an interest at the rate of 12 per cent per annum. The assessee had given a notice of termination of distributorship agreement to Kam...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1985)(19)ELT129TriDel
1. This is an application together with cross objections under Section 35G of the Central Excises and Salt Act, 1944 (hereinafter referred to as the Act) for reference to the High Court of certain questions, said to be question of law, arising out of the Order No. SB(T) A. 514/82-A dated 9-8-1983 of the 'A' Bench of this Tribunal.2. In the application, itself, the questions of law have not been formulated. Subsequently, on 18-4-1984, an application for replacement of Annexure II to the Reference Application was made. The replaced Annexure contained the following questions said to be questions of law : (i) Whether the Tribunal has right to confirming the order-in-appeal without giving any ruling on the applicability of Section 11-B to the facts of this instant case, when the Appellate Collector has set aside the order-in-original solely on the ground that only Section 11-B and not the then Rule 11 applies to the facts of this case (ii) Whether Section 11-B which came into effect from 1...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1984)(18)ELT527TriDel
1. The common issue involved in these three appeals of the same appellants is whether Carbide Throw Away Inserts manufactured by the appellants fall under Item 51A (iii) of the Central Excise Tariff, as urged by them, or under Item 62, as held by the lower authorities. The two rival items of the Tariff read as under :- "51A (iii). Tools designed to be fitted into hand tools, machine tools or tools falling under sub-item (ii), including dies for wire drawing, extrusion dies for metals and rock drilling bits;" "62. Tool tips, in any form or size, unmounted, of sintered carbides of metals such as tungsten, molybdenum and vanadium." The Bench pointed out to the appellants that one of their appeals had been entirely allowed by the Appellate Collector on the ground of time-bar and in view of that whether they would like the Bench to consider all their three appeals. The appellants stated that they would like to argue on all the three appeals because even the Appellate Collector had rejected...
Tag this Judgment!Court : Appellate Tribunal for foreign Exchange New Delhi
1. Three memorandum Nos. T-4/694/Mas/Ban/82, T-4/695/Mas/Ban/82 and T-4/697/Mas/Ban/82 (briefly the SCNs I, II and III) were issued to the appellant by the Enforcement Directorate, Madras (department) alleging that he was maintaining accounts in foreign currency abroad without repatriating the same to India within the period prescribed or without obtaining the exemption of the Reserve Bank of India (RBI) for maintaining such accounts abroad and thereby contravened the provisions of section 14 of the Foreign Exchange Regulation Act, 1973 (the Act) read with the Central Government. Notifications referred to therein. Memorandum No. T-4/696/Mas/Ban/82(SCN-IV) was issued to the appellant by the Department alleging that he failed to surrender the foreign exchange mentioned therein which he brought from abroad within the prescribed period and thereby contravened the provisions of section 14 of the Act. It was also alleged that he had defaulted to surrender the foreign exchange brought by him ...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1984)(18)ELT524TriDel
1. These appeals arise out of the Order-in-Appeal passed by the Collector (Appeals) in 208-211/ 82 dated 7-6-82 and Order-in-Original No. 38/83 (Adjn. No. 76/83) dated 31-10-83 passed by the Addl.Collector of Central Excise, Hyderabad, respectively. M/s. Singareni Collieries Company Ltd. is a Government Company carrying on business of coal mining in Andhra Pradesh. They have three generating stations mainly to supply power to the mines to produce coal at Kothagudem, Belampalli and Ramagundam. The power generated in the three generating stations is mainly used for producing coal in the mines. Electricity has been brought under the purview of the Central Excise Act with effect from 1-3-78 as Tariff Item HE. The appellants have been submitting monthly returns in RT-12 giving particulars of the electricity generated and distributed. According to the appellants they are entitled to certain concession in regard to the quantity of electricity consumed under Notification 105/78 dated 27-4-78....
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