7 and Commissioner of Customs, Calcutta and Ors. v. Indian Oil Corpn. Ltd. and Anr.

M/S JINDAL EQUIPMENT LEASING CONSULTANCY SERVICES LTD. vs. COMMISSIONER OF INCOME TAX

Appeals stand disposed of in the aforesaid terms

Bench: HON'BLE MR. JUSTICE R. MAHADEVAN

…iness profits may accrue or be realised in diverse circumstances, even in the absence of a conventional sale, transfer, or exchange in the strict legal sense. To confine the operation of Section 28 to such modes would unduly 19 AIR 1958 SC 861 20 (1989) 3 SCC 488 21 (2018) 9 SCC 1 (5-Judge Bench) 30 restrict a provision that Parliament has intentionally couched in broad terms. Illustratively, waiver of a trading liability has been treated as taxable business income under Section 28, as held in Commissioner of Income Tax v. T.V. Sundaram Iyengar & Sons Ltd.22 Again, in Commissioner of Income Tax v.…

SARVODAYA EDUCATION TRUST vs. THE UNION OF INDIA

Bench: The Hon'Ble Mr. Justice Ashok B. Hinchigeri

…judgment are removed or cured. Such a validating law can also be made retrospective. While advancing this submission, he relies on the Apex Court’s judgment in the case of M/S. UJAGAR PRINTS AND OTHERS (II) v. UNION OF INDIA AND OTHERS reported in (1989) 3 SCC 488. 33. Nextly, he relies on the Apex Court’s judgment in the case of RAI RAMKRISHNA AND OTHERS v. STATE OF BIHAR reported in AIR 1963 SC 1667, wherein it is held that the legislative power conferred on the appropriate legislatures to enact law in respect of topics covered by several entries in the three Lists can be exercised both pro…

COMMNR. OF INCOME TAX, KERALA vs. M/S. TARA AGENCIES

Appeal is allowed and the

…w material undergoes some change and a new article is brought into existence having a distinct name and character would amount to manufacture. 43. A Constitution Bench of this court in M/s Ujagar Prints & Others (II) v. Union of India & Others (1989) 3 SCC 488 and M/s Saraswati Sugar Mills & Others v. Haryana State Board & Others (1992) 1 SCC 418 took the same view. 44. In Gramophone Co. of India Ltd. v. Collector of Customs, Calcutta (2000) 1 SCC 549, this Court examined earlier cases and held that \023manufacture\024 http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 10 of 16 implies a chang…

COMMNR.CENTRAL EXCISE&CUSTOMS,MUMBAI&ORS vs. M/S. I.T.C. LTD

…http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6 CASE NO.: Appeal (civil) 1669-1679 of 2005 PETITIONER: Commnr. Central Excise & Customs, Mumbai & Ors. RESPONDENT: M/s. I.T.C. Ltd. & Ors. DATE OF JUDGMENT: 31/10/2006 BENCH: S.B. Sinha & Dalveer Bhandari JUDGMENT: J U D G E M E N T S.B. SINHA, J. Completion of an assessment proceedings whether is a sine qua non for issuance of notice under Section 11-A of the Central Excise Act, 1944 (for short "the Act") is the question involved in this appeal which arises of a judgment and order dated 18.6.2…

COMMNR. OF CENTRAL EXCISE, INDORE vs. M/S.S. KUMARS LTD.

…anufacturing expenses and profits. In other words, the price at which the merchant manufacturer was selling the processed goods was not taken. This was done relying upon the decision of this Court in M/s Ujagar Prints and Others V. Union of India (1989) 3 SCC 488 (briefly referred to as M/s. Ujagar Prints II) as explained in M/s Ujagar Prints and Others V. Union of India and Others (1989) 3 SCC 531 (briefly referred to as M/s. Ujagar Prints III). On 5th October 1990, a show cause notice was issued by the appellant to the respondent proposing to recover differential duty of excise amounting to Rs.4,8…

M/S. IMPRESSION PRINTS vs. COMMISSIONER OF CENTRAL EXCISE, DELHI-1

…Mr. Parasaran also relied upon the case of Ujagar Prints & Ors. vs. Union of India & Ors. reported in (1989) 3 SCC 488. In this case, one of the questions was whether the process of bleaching, dyeing, printing, sizing, shrink-proofing etc. carried on in respect of cotton or man-made grey fabrics amounts to manufacture for the purposes of and within the meaning of Section 2(f) of the Central Excises and Salt Act. Section 2(f) as it then stood read as under: "2…

COMMISSIONER OF CENTRAL EXCISE,BOLPUR vs. M/S.RATAN MELTING & WIRE INDUSTRIES

…s of the Board. That was not what was meant by para 9 of Dhiren Chemical case." A disparate view has been taken in CCE v. Maruti Foam Pvt. Ltd., [2004] 6 SCC 722 para 7 and Commissioner of Customs, Calcutta and Ors. v. Indian Oil Corpn. Ltd. and Anr., [2004] 3 SCC 488 para 34. It appears to us that the law declared by this Court is binding on the Revenue/Department and once the position in law is declared by this Court, the contrary view expressed in the circular should per force lose its validity and becomes non est. Though the view expressed in Kalyani’s case (supra), and our view about invalidation might clar…

ITW SIGNODE INDIA LTD. vs. COLLECTOR OF CENTRAL EXCISE

Appeal is allowed in part but

…the validation it removes the defect which the courts had found in the existing law and makes adequate provisions in the Validating Law for a valid imposition of the tax." In M/s. Ujagar Prints and Others (II) Vs. Union of India and Others [(1989) 3 SCC 488] wherein after considering various decisions, this Court held thus: "A competent legislature can always validate a law which has been declared by courts to be invalid, provided the infirmities and vitiating infactors noticed in the declaratory judgment are removed or cured. Such a validating law can also be made retrospective. If in the light…

EASLAND COMBINES, COIMBATORE vs. COLLECTOR OF CENTRAL EXCISE, COIMBATORE

In the result, the appeals are partly allowed accordingly

…nt or date of erroneous refund as a relevant date, which cannot be stated to be in any way unreasonable for correcting the errors or mistakes. These contentions are exhaustively dealt with in M/s. Ujagar Prints and Ors. (II) v. Union of India and Ors., [1989] 3 SCC 488 wherein after considering various decisions, this Court held thus:- "A competent legislature can always validate a law which has been declared by courts to be invalid, provided the infirmities and vitiating factors noticed in the declaratory judgment are removed or cured. Such a validating law can also be made retrospective. If in the light of such…

M/S. PAWAN BISCUITS CO. P. LTD. vs. COLLECTOR OF CENTRAL EXCISE PATNA

…onger res integra. This Court has time and again held that for the purpose of ascertaining assessabe value post-manufacturing expenses have not to be taken into consideration. This Court in M/s Ujagar Prints and Others (II) V. Union of India and Others (1989) 3 SCC 488, was concerned with a number of issues raised by the appellant. The appellant was a processing house which inter alia processed the grey fabrics. Amongst other issues which were raised, one of the contentions urged on behalf of the appellant therein was that the grey fabric which was given for prosessing continued to belong to the customer and the…