TURNER MORRISON & CO., LTD. vs. COMMISSIONER OF INCOME-TAX,.WEST BENGAL

42 of the Income-tax Act would have no application." It will be noticed that the Agents succeeded in their contentions so far as they related to the assessment of excess profits tax. The answers given by the High Court, however, went against them in so far as they related to the assessment of income-tax for both the assessment

COMMNR. OF CENTRAL EXCISE, HYDERABAD vs. M/S. DETERGENTS INDIA LTD

Bench: Cegat Was Also Dismissed By The Impugned Judgment Dated 22.4.2003. 2

42,499/- and also confiscated land, building, plant and machinery, and further ordered redemption of the same in lieu of confiscation on payment of a fine of Rs.5,00,000/-. Penalties of Rs.5,00,000/- each were imposed on the assessee, namely, DIL and on its holding company Shaw Wallace Company Limited. An appeal was filed against the order dated

RAJ PAL SINGH vs. COMMISSIONER OF INCOME TAX HARYANA

In the result, this appeal fails and is, therefore, dismissed

Bench: HON'BLE MR. JUSTICE DINESH MAHESHWARI

price of the land fixed by the Collector to the land owners. From the copy of the jamabandi attached with this file, khasra Nos. 361 and 364 measuring 5 kanals and 7 marlas were not on the lease with the college. But the Management is claiming compensation for this land also. In these circumstances, the college management cannot be awarded

ISHIKAWAJMA-HARIMA HEAVY INDUSTRIES LTD. vs. DIRECTOR OF INCOME TAX, MUMBAI

The appeal is allowed in part and to

transferred upon delivery thereof outside India on high-sea basis as provided for in Article 22.1. Similarly, Article 13.1. provides for a lump sum contract price, whereas Article 13.3.2. specifically refers to the cost of offshore supplies. The provisions with regard to offshore supplies and offshore services were to be read with the provisions contained in Ex. D which formed

COMMR.OF CUSTOMS (IMPORT) MUMBAI vs. M/S GANPATI OVERSEAS THR. ITS PROPRIETOR SHRI YASHPAL SHARMA

Bench: HON'BLE MRS. JUSTICE B.V. NAGARATHNA

transfer of the differential amount. Therefore, the adjudicating authority opined that he had no reason to accept the plea of the respondents that the statements of Mr. Yashpal Sharma and Mr. Suresh Chandra Sharma were not voluntary and should not be relied upon. This plea was taken only as an afterthought. 14 6.3. Contention of the respondents that the declared

COMMISSIONER OF INCOME TAX vs. M/S JINDAL STEEL THROUGH ITS MANAGING DIRECTOR

Appeals are hereby dismissed

Bench: HON'BLE MRS. JUSTICE B.V. NAGARATHNA

transfer, then for the purpose of deduction under Section 80-IA, the profits and gains of such eligible business shall be computed by adopting arm’s length pricing. In other words, if the assessing officer rejects the price as not corresponding to the market value of such good, then he has to compute the sale price of the good

ASSTT DIRECTOR OF INCOME TAX I NEW DELHI vs. M/S E FUNDS IT SOLUTION INC

Bench: HON'BLE MR. JUSTICE ROHINTON FALI NARIMAN

price is paid, the US companies go out of the dragnet of Indian taxation. He also adverted to Article 5(6) to state that the mere fact that a 100% subsidiary may be carrying on business in India does not by itself means that the holding company would have a PE in India. Further, according to learned counsel

LIPI BOILERS LTD. THROUGH ITS CHIEF EXECUTIVE vs. THE COMMISSIONER OF CENTRAL EXCISE, AURANGABAD

Bench: HON'BLE MR. JUSTICE J.B. PARDIWALA

42 of 57 “3. CONTRACT PRICE: 3.1 The Sellers agree to design, procure, manufacture, supply of the machinery and equipment for Steam Generating plant and do other work herein mentioned as specified in Annexure I to V annexed to and forming part of the Agreement at a Total Price of Rs.360.00 lacs (Rupee Three Crores Sixty Lacs only) hereinafter referred

WIPRO LTD. vs. ASST. COLLECTOR OF CUSTOMS

The appeals are allowed in the aforesaid terms with no order as to

42 of 1999).” 20) This provision was amended in the year 2007. Though, we are Civil Appeal No(s). 9766-9775 of 2003 Page 19 of 37 Page 20 JUDGMENT not concerned with this amended provision, we are taking note of the same in order to examine as to whether any change, in principle, is brought about

VATSALA SHENOY vs. JT.COMMISSIONER OF INCOME TAX

42)C defines 'slump sale' and reads as under: “ “slump sale” means the transfer of one or more undertakings as a result of the sale for a lump sum consideration without values being assigned to the individual assets and liabilities in such sales. Explanation 1. – For the purposes of this clause, “undertaking” shall have the meaning assigned

COMMISSIONER OF CENTAL EXCISE AND SERVICE TAX ROHTAK vs. M/S. MERINO PANEL PRODUCT LTD

Bench: HON'BLE THE CHIEF JUSTICE

price charged to independent buyers. This fulfilled the requirement of using “reasonable means” under Rule 11 while arriving at the assessable value, and was also in conformity with Section 4(1) of the CEA. Further backing for the correctness of this approach was drawn from different holdings by CESTAT Tribunals, including the aforementioned decision in Aquamall Water Solutions (Supra

M/S COAL INDIA LTD. vs. COMMR.OF CUSTOMS(PORT) KOLKATA

The appeal is dismissed

Bench: The Customs, Excise & Service Tax Appellate Tribunal, Kolkata (‘Cestat’ For Short Digitally Signed By Ashish Kondle Date: 2025.05.01 11:42:33 Ist Reason: Signature Not Verified

42 of 1999).” 26.1. Thus, what Section 14(1)(a) provides for is that for the purpose of the Customs Tariff Act, 1975 or any other law for the time being in force whereunder a duty of customs is chargeable on any goods by reference to their value, the value of such goods shall be deemed to be the price

M/S D. N. SINGH THROUGH PARTNER DUDHESHWAR NATH SINGH vs. COMMISSIONER OF INCOME TAX

Bench: HON'BLE MR. JUSTICE K.M. JOSEPH

42 88. In this connection, the following statement made by the Minister of Finance in the Lok Sabha on 18th April, 1964 in reply to some criticism that the provisions of this section might result in hardship to persons whose ornaments or jewellery were given to them by their forefathers, have to be borne in mind: “Often times, people convert

M/S. PUROLATOR INDIA LTD. vs. COMMNR. OF CENTRAL EXCISE, DELHI-III

Appeal is disposed of accordingly

transfers, the appellant filed declarations under Rule 173C with the excise department. In these declarations, the appellant claimed deduction towards Sales Tax, Cash Discount and Volume Discount on excise duty payable to arrive at the assessable value under Section 4 of the Central Excise and Salt Act, 1944. 3. Apart from undertaking manufacturing activities, the appellant at times also receives

MEENAKSHI MILLS, MADURAI vs. THE COMMISSIONER OF INCOME-TAX,MADRAS

In the result, the appeals fail, and are dismissed with

42(3) of the Indian Income-tax Act 694 applied only to non-residents as was urged on behalf of the assessee. These sections apply both to residents and non- residents. Commissioner of Income-tax v. Ahmedbhai Umarbhai and Co., ([1950] S.C.R. 335), referred to and followed. The question of apportionment of the profits between the place of manufacture

CHIEF COMMISSIONER OF CENTRAL GOODS AND SERVICE TAX vs. M/S SAFARI RETREATS PRIVATE LIMITED

Appeals are partly allowed in above terms

Bench: HON'BLE MR. JUSTICE ABHAY S. OKA

price of services they supply, i.e., renting/leasing/letting out, etc. Further, CGST is leviable on the supply of these services, resulting in tax on tax or the cascading effect of tax. Moreover, due to the denial of ITC, the assessees have to bear the tax burden. Thus, the interpretation put by revenue to clauses (c) and (d) of Section

COMMR.OF CENTRAL EXCISE,NAGPUR vs. M/S UNIVERSAL FERRO & ALLIED CHEM.LD.&AN

Bench: This Court. 2. The Facts In Brief Giving Rise To The Present Appeals Are As Under:

transfer   to   another division / unit of the same company.”  40. We will now deal with the next submission made by Shri K. Radhakrishnan, learned Senior Counsel, to the effect that   under   proviso   to   sub­section   (1)   of   Section   3   of   the Central Excise Act, 1944, an EOU is liable to pay duty on the goods brought

COMMISSIONER OF INCOME-TAX, PUNJAB vs. R. D. AGGARWAL & COMPANY

price. By letter dated March 24, 1951 the assessees were appointed "sole agents" for the Italian Company "for sale" of worsted woollen yarns in the Indian territories terminable by one month’s notice. The assessees had to "maintain the existing customers" and to secure new customers "conforming to their general terms of sales", and were to receive 21 per cent