CIT v. Arts Beauty Exports

357 ITR 276High Court#12718 most cited
8

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2018.

Judgments citing CIT v. Arts Beauty Exports

DINESH KUMAR SINGHI,BANGALORE vs. DCIT, BANGALORE

In the result, the assessee's appeal for Assessment Year 2011-12 is partly allowed

ITA 699/BANG/2015[2005-06]Status: DisposedITAT Bangalore10 Apr 2018AY 2005-06

Bench: Shri Sunil Kumar Yadav & Shri Jason P Boaz

For Appellant: Shri K.R. Pradeep, C.AFor Respondent: Shri K.V. Arvind, Standing Counsel for Dept
Section 10BSection 132Section 143(3)Section 148Section 153ASection 154

…ee relies on the following case laws wherein it is held that custom bonding is not compulsory: 1) Lakshminarayana Mining Company vs DCIT - ITA 379 to 381/B/15 - Bang ITAT. 2) CIT vs Caritor (India) P Ltd - 369 ITR 463 - KAR HC. 3) CIT vs Arts Beauty Exports - 357 ITR 276 - Del HC. 4) Clarification letter given by the STPI authorities that commercial production may be commenced before bonding – PB-1 page 116 On the issue of 10B, the assessee also relies on the decision of Hon’ble ITAT Bangalore in M/s.Sameera Trading Co. vs DCIT - ITA 298/B/14 – CLPB page 95 wherein elaborate discussion is made on the issue of pro…

M/S LAKSHMINARAYANA MINING COMPANY,BANGALORE vs. DCIT, BANGALORE

In the result, the appeals of the assessee are allowed

ITA 379/BANG/2015[2009-10]Status: DisposedITAT Bangalore03 Mar 2017AY 2009-10

Bench: Shri A.K. Garodia & Shri Vijay Pal Rao

For Appellant: Shri D. Devaraj, C.AFor Respondent: Smt. Prescilla Singsit, D.R
Section 10BSection 132Section 139Section 143(3)Section 153A

…export. In support of his contention, he has relied upon the decision of Hon'ble jurisdictional High Court in the case of CIT Vs. Caritor India Pvt. Ltd. 369 ITR 463 as well as decision of Hon'ble Delhi High Court in the case of CIT Vs. Arts Beauty Exports 357 ITR 276 (Del). The learned Authorised Representative also relied upon the decision of the Delhi Tribunal reported in 46 SOT 220. Thus he has contended that when all exports of assessee were approved by the Excise and Custom authorities and there is no violation of any of the conditions under Section 10B then the assessee is eligible for deduction in…

ACIT 11(3), MUMBAI vs. MAJMUDAR & CO, MUMBAI

In the result, all the appeals of the Revenue are dismissed

ITA 6604/MUM/2012[2009-10]Status: DisposedITAT Mumbai19 Aug 2016AY 2009-10

Bench: Shri Mahavir Singh & Shri Rajesh Kumarita Nos. 3063 To 3067/Mum/2012 (Assessment Year‟S: 2004-05 To 2008-09) Asst. Commissioner Of Income-Tax 11(3), Mumbai .... Appellant Vs. M/S. Majmudar & Co., 601/604, Naman Centre, A Wing, G-31, G Block, Bandra Kurla Complex, Bandra, Mumbai - 400028. .... Respondent Appellant By : Shri N.P. Singh, Dr Respondent B: Shri Arvind Sonde, Ar Date Of Hearing : 25/05/2016 Date Of Pronouncement : 19/08/2016 Order Per Mahavir Singh: These Six Appeals By Revenue Are Arising Out Of Different Orders Of Cit (A) In Appeal No.Cit (A)-2/It/376 To 379/2010-11 For The Assessment Years 2004-05 To 2005-06 & 2008-09 Vide Order Of Common Date 07-02-2012, In Appeal No.Cit (A)-2/It/382/2009-10 Dated 07-02-2012 & In Appeal No.Cit (A)-2/It/210/2011-12 Order Dated 23- 08-2012. Assessments Were Framed By The Acit-11 (3), Mumbai For The Assessment Years 2004-05 To 2009-10 Vide His Orders Of Different Dates Acit Vs. M/S. Majmudar & Co. U/S 143 (3) Read With Section 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Shri N.P. Singh, DR
Section 10Section 10BSection 143Section 147

…ding is necessary only in cases if the exporter intends to import any capital goods or raw materials without payment of duty. Further, it is to be noted that the above Delhi Tribunal order has been affirmed by the Delhi High Court (CIT v. Arts Beauty Exports, 357 ITR 276 (2013) (Delhi) for the assessment years 2006-2007 and 2007-2008, wherein it is held that “We do not see any purpose being served by insisting on the custom-bonding of the EOU. A reasonable way of constructing the condition imposed by the Development Commissioner would be to understand the same as necessary only when imports are contemplated. We,…

ACIT 11(3), MUMBAI vs. MAJMUDAR & CO., MUMBAI

In the result, all the appeals of the Revenue are dismissed

ITA 3067/MUM/2012[2008-09]Status: DisposedITAT Mumbai19 Aug 2016AY 2008-09

Bench: Shri Mahavir Singh & Shri Rajesh Kumarita Nos. 3063 To 3067/Mum/2012 (Assessment Year‟S: 2004-05 To 2008-09) Asst. Commissioner Of Income-Tax 11(3), Mumbai .... Appellant Vs. M/S. Majmudar & Co., 601/604, Naman Centre, A Wing, G-31, G Block, Bandra Kurla Complex, Bandra, Mumbai - 400028. .... Respondent Appellant By : Shri N.P. Singh, Dr Respondent B: Shri Arvind Sonde, Ar Date Of Hearing : 25/05/2016 Date Of Pronouncement : 19/08/2016 Order Per Mahavir Singh: These Six Appeals By Revenue Are Arising Out Of Different Orders Of Cit (A) In Appeal No.Cit (A)-2/It/376 To 379/2010-11 For The Assessment Years 2004-05 To 2005-06 & 2008-09 Vide Order Of Common Date 07-02-2012, In Appeal No.Cit (A)-2/It/382/2009-10 Dated 07-02-2012 & In Appeal No.Cit (A)-2/It/210/2011-12 Order Dated 23- 08-2012. Assessments Were Framed By The Acit-11 (3), Mumbai For The Assessment Years 2004-05 To 2009-10 Vide His Orders Of Different Dates Acit Vs. M/S. Majmudar & Co. U/S 143 (3) Read With Section 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Shri N.P. Singh, DR
Section 10Section 10BSection 143Section 147

…ding is necessary only in cases if the exporter intends to import any capital goods or raw materials without payment of duty. Further, it is to be noted that the above Delhi Tribunal order has been affirmed by the Delhi High Court (CIT v. Arts Beauty Exports, 357 ITR 276 (2013) (Delhi) for the assessment years 2006-2007 and 2007-2008, wherein it is held that “We do not see any purpose being served by insisting on the custom-bonding of the EOU. A reasonable way of constructing the condition imposed by the Development Commissioner would be to understand the same as necessary only when imports are contemplated. We,…

ACIT 11(3), MUMBAI vs. MAJMUDAR & CO., MUMBAI

In the result, all the appeals of the Revenue are dismissed

ITA 3066/MUM/2012[2007-08]Status: DisposedITAT Mumbai19 Aug 2016AY 2007-08

Bench: Shri Mahavir Singh & Shri Rajesh Kumarita Nos. 3063 To 3067/Mum/2012 (Assessment Year‟S: 2004-05 To 2008-09) Asst. Commissioner Of Income-Tax 11(3), Mumbai .... Appellant Vs. M/S. Majmudar & Co., 601/604, Naman Centre, A Wing, G-31, G Block, Bandra Kurla Complex, Bandra, Mumbai - 400028. .... Respondent Appellant By : Shri N.P. Singh, Dr Respondent B: Shri Arvind Sonde, Ar Date Of Hearing : 25/05/2016 Date Of Pronouncement : 19/08/2016 Order Per Mahavir Singh: These Six Appeals By Revenue Are Arising Out Of Different Orders Of Cit (A) In Appeal No.Cit (A)-2/It/376 To 379/2010-11 For The Assessment Years 2004-05 To 2005-06 & 2008-09 Vide Order Of Common Date 07-02-2012, In Appeal No.Cit (A)-2/It/382/2009-10 Dated 07-02-2012 & In Appeal No.Cit (A)-2/It/210/2011-12 Order Dated 23- 08-2012. Assessments Were Framed By The Acit-11 (3), Mumbai For The Assessment Years 2004-05 To 2009-10 Vide His Orders Of Different Dates Acit Vs. M/S. Majmudar & Co. U/S 143 (3) Read With Section 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Shri N.P. Singh, DR
Section 10Section 10BSection 143Section 147

…ding is necessary only in cases if the exporter intends to import any capital goods or raw materials without payment of duty. Further, it is to be noted that the above Delhi Tribunal order has been affirmed by the Delhi High Court (CIT v. Arts Beauty Exports, 357 ITR 276 (2013) (Delhi) for the assessment years 2006-2007 and 2007-2008, wherein it is held that “We do not see any purpose being served by insisting on the custom-bonding of the EOU. A reasonable way of constructing the condition imposed by the Development Commissioner would be to understand the same as necessary only when imports are contemplated. We,…

ACIT 11(3), MUMBAI vs. MAJMUDAR & CO., MUMBAI

In the result, all the appeals of the Revenue are dismissed

ITA 3065/MUM/2012[2006-07]Status: DisposedITAT Mumbai19 Aug 2016AY 2006-07

Bench: Shri Mahavir Singh & Shri Rajesh Kumarita Nos. 3063 To 3067/Mum/2012 (Assessment Year‟S: 2004-05 To 2008-09) Asst. Commissioner Of Income-Tax 11(3), Mumbai .... Appellant Vs. M/S. Majmudar & Co., 601/604, Naman Centre, A Wing, G-31, G Block, Bandra Kurla Complex, Bandra, Mumbai - 400028. .... Respondent Appellant By : Shri N.P. Singh, Dr Respondent B: Shri Arvind Sonde, Ar Date Of Hearing : 25/05/2016 Date Of Pronouncement : 19/08/2016 Order Per Mahavir Singh: These Six Appeals By Revenue Are Arising Out Of Different Orders Of Cit (A) In Appeal No.Cit (A)-2/It/376 To 379/2010-11 For The Assessment Years 2004-05 To 2005-06 & 2008-09 Vide Order Of Common Date 07-02-2012, In Appeal No.Cit (A)-2/It/382/2009-10 Dated 07-02-2012 & In Appeal No.Cit (A)-2/It/210/2011-12 Order Dated 23- 08-2012. Assessments Were Framed By The Acit-11 (3), Mumbai For The Assessment Years 2004-05 To 2009-10 Vide His Orders Of Different Dates Acit Vs. M/S. Majmudar & Co. U/S 143 (3) Read With Section 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Shri N.P. Singh, DR
Section 10Section 10BSection 143Section 147

…ding is necessary only in cases if the exporter intends to import any capital goods or raw materials without payment of duty. Further, it is to be noted that the above Delhi Tribunal order has been affirmed by the Delhi High Court (CIT v. Arts Beauty Exports, 357 ITR 276 (2013) (Delhi) for the assessment years 2006-2007 and 2007-2008, wherein it is held that “We do not see any purpose being served by insisting on the custom-bonding of the EOU. A reasonable way of constructing the condition imposed by the Development Commissioner would be to understand the same as necessary only when imports are contemplated. We,…

ACIT 11(3), MUMBAI vs. MAJMUDAR & CO., MUMBAI

In the result, all the appeals of the Revenue are dismissed

ITA 3064/MUM/2012[2005-06]Status: DisposedITAT Mumbai19 Aug 2016AY 2005-06

Bench: Shri Mahavir Singh & Shri Rajesh Kumarita Nos. 3063 To 3067/Mum/2012 (Assessment Year‟S: 2004-05 To 2008-09) Asst. Commissioner Of Income-Tax 11(3), Mumbai .... Appellant Vs. M/S. Majmudar & Co., 601/604, Naman Centre, A Wing, G-31, G Block, Bandra Kurla Complex, Bandra, Mumbai - 400028. .... Respondent Appellant By : Shri N.P. Singh, Dr Respondent B: Shri Arvind Sonde, Ar Date Of Hearing : 25/05/2016 Date Of Pronouncement : 19/08/2016 Order Per Mahavir Singh: These Six Appeals By Revenue Are Arising Out Of Different Orders Of Cit (A) In Appeal No.Cit (A)-2/It/376 To 379/2010-11 For The Assessment Years 2004-05 To 2005-06 & 2008-09 Vide Order Of Common Date 07-02-2012, In Appeal No.Cit (A)-2/It/382/2009-10 Dated 07-02-2012 & In Appeal No.Cit (A)-2/It/210/2011-12 Order Dated 23- 08-2012. Assessments Were Framed By The Acit-11 (3), Mumbai For The Assessment Years 2004-05 To 2009-10 Vide His Orders Of Different Dates Acit Vs. M/S. Majmudar & Co. U/S 143 (3) Read With Section 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Shri N.P. Singh, DR
Section 10Section 10BSection 143Section 147

…ding is necessary only in cases if the exporter intends to import any capital goods or raw materials without payment of duty. Further, it is to be noted that the above Delhi Tribunal order has been affirmed by the Delhi High Court (CIT v. Arts Beauty Exports, 357 ITR 276 (2013) (Delhi) for the assessment years 2006-2007 and 2007-2008, wherein it is held that “We do not see any purpose being served by insisting on the custom-bonding of the EOU. A reasonable way of constructing the condition imposed by the Development Commissioner would be to understand the same as necessary only when imports are contemplated. We,…

ACIT 11(3), MUMBAI vs. MAJMUDAR & CO., MUMBAI

In the result, all the appeals of the Revenue are dismissed

ITA 3063/MUM/2012[2004-05]Status: DisposedITAT Mumbai19 Aug 2016AY 2004-05

Bench: Shri Mahavir Singh & Shri Rajesh Kumarita Nos. 3063 To 3067/Mum/2012 (Assessment Year‟S: 2004-05 To 2008-09) Asst. Commissioner Of Income-Tax 11(3), Mumbai .... Appellant Vs. M/S. Majmudar & Co., 601/604, Naman Centre, A Wing, G-31, G Block, Bandra Kurla Complex, Bandra, Mumbai - 400028. .... Respondent Appellant By : Shri N.P. Singh, Dr Respondent B: Shri Arvind Sonde, Ar Date Of Hearing : 25/05/2016 Date Of Pronouncement : 19/08/2016 Order Per Mahavir Singh: These Six Appeals By Revenue Are Arising Out Of Different Orders Of Cit (A) In Appeal No.Cit (A)-2/It/376 To 379/2010-11 For The Assessment Years 2004-05 To 2005-06 & 2008-09 Vide Order Of Common Date 07-02-2012, In Appeal No.Cit (A)-2/It/382/2009-10 Dated 07-02-2012 & In Appeal No.Cit (A)-2/It/210/2011-12 Order Dated 23- 08-2012. Assessments Were Framed By The Acit-11 (3), Mumbai For The Assessment Years 2004-05 To 2009-10 Vide His Orders Of Different Dates Acit Vs. M/S. Majmudar & Co. U/S 143 (3) Read With Section 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Shri N.P. Singh, DR
Section 10Section 10BSection 143Section 147

…ding is necessary only in cases if the exporter intends to import any capital goods or raw materials without payment of duty. Further, it is to be noted that the above Delhi Tribunal order has been affirmed by the Delhi High Court (CIT v. Arts Beauty Exports, 357 ITR 276 (2013) (Delhi) for the assessment years 2006-2007 and 2007-2008, wherein it is held that “We do not see any purpose being served by insisting on the custom-bonding of the EOU. A reasonable way of constructing the condition imposed by the Development Commissioner would be to understand the same as necessary only when imports are contemplated. We,…

CIT v. Arts Beauty Exports (357 ITR 276) — Cited in 8 Judgments | BharatTax