Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1996)56TTJ(Ahd.)133
This appeal is preferred by Shri Nandlal H. Ramani against the order dt. 8th Aug., 1990, recorded by CIT(A)-V, Ahmedabad, by which his appeal relating to asst. yr. 1987-88 was dismissed.2. Only two grounds have been agitated by the assessee out of which the first ground is effective one which reads as under : 1. The learned CIT(A) erred in law and on facts in rejecting the claim of the appellant for deduction of 50% expenses from incentive bonus as per CBDT circular.3. Relevant facts for disposal of this ground of assessee are not in dispute. The assessee, Nandlal H. Ramani, was working as Development Officer in the LIC of India at Ahmedabad in the year under consideration, i.e., asst. yr. 1987-88, year ending on 31st March, 1987. He filed return of income showing net taxable income of Rs. 91,320 which was revised to Rs. 88,920 on 26th Feb., 1988. During the course of assessment proceedings, the ITO concerned (hereinafter referred to as AO) observed that assessee had received Rs. 1,56...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1995)LC519Tri(Delhi)
1. This appeal arises from the Order-in-Appeal dated 24-7-1985, passed by the Collector of Customs (Appeals), Madras. The appellants had imported "Refiner Discs" for refinery for their paper mills as parts of paper making machinery and the same had been declared in the Bill of Entry under Heading 84.31 of the Customs Tariff as they had filed a refund application seeking the benefit of Notification No. 54/84-Cus., dated 1-3-1984, which grants benefit of exemption from payment of duty in respect of auxiliary duty of 25% only. The Assistant Collector in the order-in-original has held that on a perusal of the write up furnished by the claimants, it is seen that the function of the refiner is to defibrate the pulp and increase the freeness of the pulp. He has held that it has nothing to do with paper directly and, therefore, the refiner discs cannot be considered as part of paper making machinery for granting the benefit of the said Notification. On appeal, the Collector confirmed this ord...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (1996)58ITD525(Ahd.)
1. This appeal is preferred by Shri Nandlal H. Ramani against the order dated 8-8-1990 recorded by CIT(A)-V, Ahmedabad by which his appeal relating to A.Y. 1987-88 was dismissed.2. Only two grounds have been agitated by the assessee out of which the first ground is effective one which reads as under : 1. The ld. CIT(A) erred in law and on facts in rejecting the claim of the appellant for deduction of 50% expenses from incentive bonus as per C.B.D.T. circular.3. Relevant facts for disposal of this ground of assessee are not in dispute. The assessee, Nandlal H. Ramani was working as Development Officer in the Life Insurance Corporation of India at Ahmedabad in the year under consideration i.e., A.Y. 1987-88 year ending on 31-3-1987.He filed return of income showing net taxable income of Rs. 91,320 which was revised to Rs. 88,920 on 26-2-1988. During the course of assessment proceedings, the ITO concerned (hereinafter referred to as Assessing Officer) observed that assessee had received ...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1996)56ITD448(Delhi)
1. This appeal is directed against the order passed by the Commissioner of Income-tax (Appeals) raising for the consideration of the Tribunal three separate and specific issues which are disposed of as under.2. In order to appreciate relevant facts of the case as also the issues involved it would be necessary on our part to mention that the appellant is registered firm engaged in the business of organising lotteries on behalf of the Government of Sikkim. The first ground pertains to the disallowance of a sum of Rs. 1,01,057 under the head "Opening ceremony expenses." The Assessing Officer made the aforesaid disallowance on the ground that the expenditure was inadmissible in nature.3. On further appeal before the Commissioner of Income-tax (Appeals), it was contended that a substantial part of the expenditure pertained to the stay of the firm's stockists in hotels and presents given to them. It was claimed that such type of expenditure was normal business expense and not covered by Exp...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (1996)56ITD232(Delhi)
1. These two appeals of the assessee relating to assessment years 1992-93 and 1993-94, involving common issue, are disposed of by this consolidated order. The issue involved is relating to exemption claimed under Section 54F of the Income-tax Act, 1961 out of the capital gains derived by the assessee in the aforementioned assessment years.Relevant facts are that assessee had sold certain shares in March 1992 in consideration of Rs. 21,71,680. Since the cost of the shares was Rs. 23,000 only, the capital gain on the sale of shares was Rs. 21,48,680.Assessee had purchased a house property in New Friends Colony jointly with her daughter Mrs. Ushmi Sethi in July 1992 in consideration of Rs. 80 lacs. The investment had been made by the two owners as under:Mrs. V.K.S. Bawa (the assessee) 57,55,371.50Mrs. Ushmi Sethi 22,44,628.50 Assessee has met the consideration from the sale of shares and jewellery. The capital gains on the sale of shares had been disclosed by the assessee in assessment y...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Reported in : (1996)(81)ELT571Tri(Chennai)
1. These appeals are directed against the order of the Collector of Central Excise, Coimbatore, dated 2-4-1992.2. Shri Ramakrishnan, the learned Consultant for the appellants submitted that the charge against the appellants in respect of proceedings commenced was that the four units i.e. (i) PSNK Stampings (ii) Namkar Stampings (iii) Balaji Stampings and (iv) Sudarshan Stampings are not independent units and M/s. Sudharasan Stampings, M/s.Namkar Stampings and M/s. Sree Balaji Stampings have been created for the purpose of wrongly availing the benefit of SSI Notification and therefore clearances of all these four units should be clubbed together for the purpose of assessment and quantification of duty. Shri Ramakrishanan submitted that in the impugned order, the learned adjudicating authority has not given any detailed finding at all by discussing the evidence as to how and on what basis legally and factually the said 3 units can be held to be appendage of the other unit i.e. PSNK Stam...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Tamil Nadu
Reported in : (1996)(63)LC169Tri(Chennai)
1. The above appeals arise out of a common impugned order of the Collector of Customs, Madras, dated 9.7.1992 confiscating the imported goods, namely, raw silk totally valued at Rs. 61,17,014/- Under Section 111(d) of Customs Act, 1962, (the 'Act' for short} read with Section 3(2) of Import & Export Customs Act, 1962 and permitting redemption of the same on payment of a fine of Rs. 6,72,000/-. The appellants herein filed the following seven BiUs of Entry and sought clearance of 110 bales of raw silk under OGL under the new Import Policy AM 92 to 97 arrived by M/s. M.V. Tiger: The consignments were shipped from Hong Kong and were covered by Bills of Lading No. HKG/MAS/1607 to 1610 dated 30.3.1992 issued by Arabian container lines, S.A. The goods were shipped out of Hong Kong to Singapore and from Singapore the goods were shipped to Madras.Investigation by the Department revealed that the Arabian container lines was only a 'container forwarding agents' and the Bills of Lading issued...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1996)(81)ELT81TriDel
1. This appeal arises from the order-in-appeal dated 8-7-1994 passed by Collector (Appeals), Bombay, rejecting the appeal of the importer, and confirming the order of Asstt. Collector, who has rejected their refund claim of Rs. 10,86,49,119.00.2. The appellant imported a consignment of "computer software and Manuals" covered under Invoice No. 910701, dated 3-7-1991 and cleared the same for home consumption on payment of Customs Duty. Subsequently, they claimed refund of the above-stated amount on the grounds that the customs duty on the consignment was assessed on the full value of the invoice i.e. U.S. $ 4084475/- which included one site fee as indicated in the agreement with the suppliers, whereas duty ought to have been charged on the licence fee of the software for single site inclusive of cost of Manuals totally valued at Rs. 401047 only. In support of their contention, they had produced detailed invoice showing bifurcation and relied upon Valuation Rules 9(1)(c) and correspondin...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1995)(80)ELT403TriDel
1. The two issues arising for determination in the above appeal arising out of Order-in-Original dated 23-4-1989 of the Collector of Customs, New Delhi are : (a) The nature of the goods, whether disposal goods as held by the Department requiring specific inclusion in the Licence or other than disposal goods as claimed by the appellants. The appellants herein filed a Bill of Entry No. 126, dated 27-2-1987 for clearance of a consignment of ball and roller bearings at the ICD, New Delhi. Along with the Bill of Entry, they submitted various documents including the Invoice dated 13-10-1986 of M/s. Ashwin R. Swali of England, Bill of Lading dated 25-11-1986 and the Certificate of Origin dated 17-11-1986. Subsequently, they also submitted copy of the Import Licence dated 5-7-1985 and Proforma Invoice dated 10-7-1986. As per the Invoice, the goods were 1368 pieces of assorted bearings of different brands and the value declared was Pound * 1988.50 cif (Rs. 38648/-). The goods were examined, an...
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Delhi
Reported in : (1995)LC389Tri(Delhi)
1. This is an appeal against the order dated 11-11-1985 passed by the Additional Collector of Central Excise, Ahmedabad. Briefly stated the facts of the case are that on a visit to the appellants factory the Central Excise officers found that they were engaged in the manufacture of Carbohydrate Protein Food 'Viprot; which contained 50% malt extract, 30% milk or milk powder and 20% sugar with admixture of cocoa, flavour, vitamins, essence etc. The product was being sold in the market in unit containers of 200 gms. On verification of the appellants records Central Excise Officers found that for the years 1983-84 total value of the said product cleared by the appellants had exceeded 80% of the exemption limit prescribed under Notification No. 83/83-C.E., dated 1-3-1983 but the appellants had failed to obtain a Central Excise licence in terms of Notification 2/81-C.E., dated 17-1-1981. Further enquiries carried out by the officers revealed that during the years 1982-83 and 1983-84 the tot...
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