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Case Laws
Showing 21 to 40 of 426 Records
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1997 (11) TMI 527 - MADRAS HIGH COURT
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... ... ..... r s. 57(iii) of the IT Act. The Supreme Court in East India Pharmaceutical Works Ltd. vs. CIT (1997) 139 CTR (SC) 372 (1997) 224 ITR 627(SC) has held that the interest on money borrowed for payment of income-tax was not an expenditure laid out wholly and exclusively for the purpose of business as contemplated in sub-s. (1) of s. 37 of the IT Act. However, since those decisions turn on the merits of the case, we are examining the question whether on the merits of the case the assessee's claim can be justified or not. As the Tribunal decided the case only on the question of jurisdiction to reopen the assessment, we hold that the Tribunal was not right in cancelling the reassessment made by the ITO and the view of the Tribunal that there was no new information within the meaning of s. 147(b) of the Act for reopening the assessment is also not justified. In this view of the matter, we answer the questions referred to us in the negative and in favour of the Revenue. No costs.
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1997 (11) TMI 526 - BOMBAY HIGH COURT
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... ... ..... dustrial company” with the expression “manufacture”. The full expression is “engaged in the business of manufacture or processing of goods”. The expression “processing” has not been defined. It is, therefore, to be interpreted in a practical and workable manner in the context and setting in which it appears. That can be done by applying the doctrine of noscitur a sociis by reference to the words, phrases or expressions associated with it, which in the instant case is “manufacture”. So construed, for the purpose of the definition of “industrial company”, one can be said to be engaged in the business of processing of goods only if as a result of the process undertaken by him, there is some alteration in the nature or character of the goods. In view of the above, we answer the question referred to us in the negative, and in favour of the Revenue. The reference is disposed of accordingly with no order as to costs.
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1997 (11) TMI 525 - ITAT MUMBAI
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... ... ..... the burden of providing the expenditure. The burden can be discharged either by direct evidence or if such evidence is not available the assessee can always point out to circumstantial evidence supporting the claim. In the present case in respect of the payment of ₹ 9 lakhs there is direct evidence and in respect of the payment of protection money to the extent of ₹ 20 lakhs to Shellar and Padmakar Choudhary, there is circumstantial evidence, to which we have already referred. The further deduction of ₹ 1 lakh which we have allowed is also based only on the circumstantial evidence such as newspaper cuttings, reports, etc. 15. The other ground is directed against certain disallowances out of telephone expenses, motor car expenses, depreciation on motor car and office expenses. This is covered by ground No. 12. After going through the orders of the income-tax authorities, we see no reason to interfere and dismiss the ground. 16. The appeal is partly allowed.
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1997 (11) TMI 523 - ALLAHABAD HIGH COURT
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... ... ..... o show the absence of any fraud or gross or wilful negligence on the part of the assessee. The assessee had failed in raising any probabilities in its favour nor any circumstance had been pointed out which could create doubt, the benefit of which could be given to the assessee. The Tribunal held "'We have no hesitation in coming to the factual finding that the assessee failed to discharge the onus which lay on it under the Expln. to s. 271(1)(c) and, therefore, since the unexplained cash credit of ₹ 15,000 appearing in the amount of Smt. Laxmi Devi has to be taken to represent the concealed income of the firm, the imposition of penalty was justified." 5. The findings recorded by the Tribunal are pure findings of fact. Nothing was brought to our notice which may pursuade us to take a different view than the one taken by the Tribunal. For what has been stated above, we answer the question in the affirmative in favour of the Revenue and against the assessee.
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1997 (11) TMI 522 - SUPREME COURT
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... ... ..... hat the land was being mainly used for the purpose of agriculture merely on the strength of the purpose in master plan which is specified as agriculture (Krishi Bhumi) and that the land is entered in the revenue records. High Court has wrongly applied Explanation B to clause (o) of Section 2 of the Act. Simply because land is entered in the revenue record would not mean that it is being used mainly for the purpose of agriculture. Here the land is mainly for the purpose of brick kiln business of the 1st respondent. It is not material if a small portion of the land was being used for the purpose of agriculture as well. Accordingly, the appeal is allowed, the impugned judgment of the High Court is set aside and that of the Competent Authority and the District Judge restored to the extent that the land in village Para is not exempt from the provisions of the Act and could be taken into account while determining the ceiling limit under the Act. There will be no order as to costs.
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1997 (11) TMI 521 - SUPREME COURT
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... ... ..... Schedule-B properties which might have resulted into any legal right in favour of the plaintiff. Therefore, so far as Schedule-B properties were concerned, the amendment could not be found fault with. Hence exercising the powers under Article 136 of the Constitution of India we would not be inclined to interfere with that part of the decision of the High Court tallowing the amendment in the written statement, even though strictly speaking High Court could not have interfered with even this part of the order under Section 115, CPC. In the result, this appeal is partly allowed. The respondents' application for amending the written statement in so far as it sought to withdraw earlier admission about 5 properties out of the remaining seven items of Schedule-A of the plaint shall stand dismissed. However, order regarding a part of the application for amending the written statement qua Schedule-B properties, which was allowed by the High Court will remain untouched. No costs.
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1997 (11) TMI 520 - SUPREME COURT
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... ... ..... dent of their nexus with the existing claimant-establishment or class of establishments and they do not refer to any future establishments which have yet not seen the light of the day and which have not still employed any employees who could be said to have earned any statutory benefits under the Act till then. Therefore, the other relevant circumstances as mentioned in Section 36 will have to be read with the financial positions of the claimant- establishments themselves and their other circumstances have to be seen on the touchstone of public interest to enable the appropriate Government to from its opinion under Section 36 qua the claims of such existing establishments. This submission of learned counsel for the Housing Board, therefore, does not advance the case of the Board any further. In view of our aforesaid decision on all the three points, therefore, these appeals fail and are dismissed. In the facts and circumstances of the case there will be no order as to costs.
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1997 (11) TMI 519 - ALLAHABAD HIGH COURT
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... ... ..... uestion and the other related matters on which the petitioner may like to assail reassessment proceedings can legitimately be raised and canvassed before the assessing authority itself. If for some reason the decision goes against the petitioner, there is adequate forum provided under the Act where the aggrieved person can seek redressal of his grievances. 6. In our considered view on the facts and circumstances of the case, it is not a fit case for interference under Article 226 of the Constitution of India, moreso, when the assessee has been called upon to show cause why reassessment order be not passed against it in view of the stand disclosed by the respondent in their counter affidavit. 7. The writ petition is, accordingly, dismissed without entering into the merits of the case, leaving it open to the petitioner to appear before the assessing authority and to contest the impugned notice under Section 21 of the Act on such groimd(s) as may be permissible to it under law.
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1997 (11) TMI 518 - SUPREME COURT
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... ... ..... before the court which is at a far off place in the Ghazipur in the State of Uttar Pradesh, seek their release on bail and then to either move an application under Section 245(2) of the Code or to face trial when the complaint and the preliminary evidence recorded makes out no case against the. it is certainly one of those cases where there is an abuse of the process of the law and the courts and the High Court should not have shied away in exercising its jurisdiction. Provisions of Articles 226 and 227 of the Constitution and Section 482 of the Code are devised to advance justice and not to frustrate it. In our view High Court should not have adopted such a rigid approach which certainly has led to miscarriage of justice in the case. Power of judicial review is discretionary but this was a case where the High Court should have exercised it. We, therefore, allow this appeal, set aside the order of the High Court and quash the complaint and proceeding against the appellants.
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1997 (11) TMI 517 - SC ORDER
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... ... ..... llowed. The civil appeal is dismissed as withdrawn.
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1997 (11) TMI 516 - SUPREME COURT
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... ... ..... ured by the respondent. It has been stated in the said affidavit that the price of copper has always been fixed by the Mineral & Metal Trading Corporation (MMTC) on the basis of the prevailing price fixed by the London Metal Exchange (LME) and this was done not only for the period in question but also for prior and subsequent period and that only such price could be charged and that no part of the duty in respect of rectified spirit captivity consumed in the manufacture of copper could be added to the price of copper which was fixed on the basis of the LME prices. We have no reason to doubt the correctness of the aforesaid statement contained in the said affidavit. In the circumstances, no case is made out for interference with the direction contained in the impugned judgment of the High Court regarding refund of excise duty paid by the respondent on import of rectified spirit used in the manufacture of copper. The appeals are, therefore, dismissed. No order as to costs.
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1997 (11) TMI 515 - ROYAL COURTS OF JUSTICE
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... ... ..... clauses 13 and 16 of the sale contract are capable of being read as referring only to the position as between the X Sugar and Food Corporation and the bank, and not as between the X Sugar and Food Corporation and X. In other words, the bond is to be forfeited when it is called upon in the circumstances described, the bank must pay, and the money must go to the X Food and Sugar Corporation. But that does not effect the position which generally applies, as between the X Sugar and Food Corporation and X, so that there must be an accounting. I do not need to resort to the decision of the House of Lords in Charter Reinsurance v. Fagan in order to reach that conclusion. I too would dismiss the appeal on the substantive point. As to the question of the costs in the court below, it seems to me that the order which Morrison J made was well within his discretion, and we cannot interfere with it. ORDER Appeal dismissed with costs; to be taxed and paid forthwith. Leave to appeal refused
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1997 (11) TMI 514 - SUPREME COURT
Whether the Managing Director of the respondent-company is not an employee as defined in Section 2(9) of the Employees’ State Insurance Corporation Act, 1948?
Held that:- The Division Bench of the High Court in the impugned judgment had erred in taking the view, on the facts of the present case, that Shri Dhanwate as Managing Director of the company was not an employee within the meaning of Section 2 sub-section (9) of the Act. On the other hand it must be held that he was an employee of the company and as such could be added to the list of remaining 19 employees so as to make a total of 20 for covering the establishment under Section 2 sub-section (12) of the Act which defines "factory) to mean, "any premises including the precincts thereof (a) ........; or (b) whereon twenty or more persons are employed or were employed for wages on any day of the proceeding twelve months, and in any part of which a manufacturing process in being carried on without the aid of power or is ordinarily so carried carried on". Appeal allowed.
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1997 (11) TMI 513 - WEST BENGAL TAXATION TRIBUNAL
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... ... ..... not have led a prudent person to suspect evasion of taxes on the part of the dealer. When sales by way of lease is stated to have been unreported in the returns for the respective years although sales out of lease for approximately Rs. 3,00,000 were detected as per dealer s submission, it cannot be said that there is no cause to entertain any suspicion about evasion of tax. Similarly, when entries showing receipt of large amounts are not found in the books of accounts, it cannot be said that it is not a suspicious circumstance at all. We cannot look into the sufficiency of the grounds for suspicion and we can interfere only if we hold that these cannot be considered to be a ground at all for suspecting evasion of taxes on the part of the dealer. It is not possible for us to hold that view and therefore the seizure must be held to be valid. In the result, the application is dismissed. There shall be no order as to cost. 17.. L.N. RAY (Chairman)-I agree. Application dismissed.
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1997 (11) TMI 512 - RAJASTHAN TAXATION TRIBUNAL
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... ... ..... rchase and not production or manufacture, attracting excise duty under Central Excises and Salt Act, 1944. Production of hydrogenated vegetable oil from oil-seeds involves only one manufacturing process. 18.. From the aforesaid facts, circumstances and authoritative observations, it can well be said that the petitioner sold the vegetable hydrogenated oil (vanaspati ghee), an edible oil, manufactured from the oil-seeds purchased under the said notifications, it did not commit any breach of the said condition of the notifications and no tax was thus leviable. When there was no liability for payment of tax, there arose no question of payment of interest and imposition of penalty. 19.. Accordingly, both the Original Applications are allowed. In both the cases, assessment orders dated 31.5.1996 (annexure 1), demand notices (annexure-2) and orders dated July 30, 1996 (annexure 6) are set aside. No order as to cost. 20.. R.K. NAIR (Technical Member).-I concur. Applications allowed.
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1997 (11) TMI 511 - KERALA HIGH COURT
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... ... ..... d in the notice. In the instant case, though the assessing authority had issued notice invoking the provisions of rule 21(9) of the Kerala General Sales Tax Rules, he did not pass any orders as contemplated in the sub-rule nor issued any demand notice in form No. 13. What is done by the assessing authority is to issue a demand notice in form No. 14D without passing an order under rule 21(9) of the Kerala General Sales Tax Rules. 5.. In such circumstances it has to be held that the demand notice exhibits P5, P6 and P7 are not in accordance with the law. Accordingly they are quashed. However, there will be a direction to the first respondent to complete the assessment of the petitioner for the year 1996-97 expeditiously, if the assessment for the said year had not already been completed. The original petition is allowed as above. In the circumstances, there will be no order as to costs. Order on C.M.P. No. 20576 of 1997 in O.P. No. 11600 of 1997-E, dismissed. Petition allowed.
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1997 (11) TMI 510 - TAMIL NADU TAXATION SPECIAL TRIBUNAL
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... ... ..... ernment considered that request and passed orders in favour of the petitioner promising that for a period of five years from the date of commencement of production, purchase tax subsidy would be given. This promise once made would bind the Government for that period and it is not possible for the respondent to recede from that promise and pass orders to the prejudice of the petitioner. 25.. While accepting the above submissions of the petitioner s counsel there can be no difficulty in holding that the theory of promissory estoppel on the facts of this case applies and it is held that G.O. Ms. No. 989, Industries, dated August 1, 1988 will have no application to the petitioner. The petitioner is also entitled to the consequential relief. And this Tribunal doth further order that this order on being produced be punctually observed and carried into execution by all concerned. Issued under my hand and the seal of this Tribunal on the 26th day of November, 1997. Petition allowed.
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1997 (11) TMI 509 - KERALA HIGH COURT
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... ... ..... n the case filed and satisfied that the provision had been complied with by the assessing authority. In view of this finding coupled with the conduct of the assessee discussed hereinabove, we are satisfied that there is substantial compliance of the provisions contained in section 55B of the Act which alone is necessary in the starking factual situation. The Appellate Tribunal after evaluating the entire evidence available in the case came to the correct conclusion that the impugned assessments are not barred by limitation. We do not find any justifiable material to disagree with the above factual finding. Ultimately what is involved is only a question of fact decided by the Tribunal. We accordingly dismiss these tax revision cases. Order on C.M.P. No. 3355 of 1997 in T.R.C. No. 217 of 1997, C.M.P. No. 3594 of 1997 in T.R.C. No. 235 of 1997, C.M.P. No. 3647 of 1997 in T.R.C. No. 238 of 1997 and C.M.P. No. 3648 of 1997 in T.R.C. No. 239 of 1997 dismissed. Petitions dismissed.
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1997 (11) TMI 508 - WEST BENGAL TAXATION TRIBUNAL
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... ... ..... 28 only to Rs. 13,891.71. We have already pointed out that in the years preceding the disputed year (1987) there were only marginal enhancement though there was no ground to infer that there was altogether a different system of maintaining the books of accounts during the preceding years. 8.. In the result, the application is allowed. The assessment order as well as the appellate and revisional order of the respondents Nos. 4 and 3 are set aside. The matter is being sent back on remand to assessing authority to make fresh assessment on the basis of the materials available, in the light of the aforesaid observation of the Supreme Court. The applicant is directed to make all the books of accounts and materials available to the assessing officer as and when called for for the purpose of reassessment. The reassessment should be completed within three months from the date of this order. We make no order as to costs. M.K. KAR GUPTA (Technical Member).-I agree. Application allowed.
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1997 (11) TMI 507 - HIMACHAL PRADESH HIGH COURT
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... ... ..... pple slices contained in sealed cans continued to possess their original identity notwithstanding the removal of inedible portions, the slicing and thereafter canning it on adding sugar to preserve them. 36.. After the manufacturing process was completed and when quilt emerged as a distinct article, it would be totally unrealistic to say that quilt retained the original identity of cotton and cloth, its two components. The manufacturing process had resulted in the loss of original identity of the cotton and cloth, of which quilt is made up. 37.. In judging the constitutionality of tax law, the court should not go by any assumption as regards the existence of any inflexible or iron rule of equality and any rhetoric of non-discrimination should not be allowed to outweigh a legitimate State purpose. 38.. For the above reasons, sustaining the constitutionality of the impugned notification, we dismiss the writ petition. There will be no order as to costs. Writ petition dismissed.
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