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The Assistant Commissioner Of Income ... vs Vishwanath And Company Excise ... on 10 November, 2006

5.2 As noted by the Division Bench of this Court in Eltek SGS (supra), the language of Section 80-IB is materially different from those obtaining in the cases cited by the counsel for the Revenue in Sterling Foods (supra), Cambay Electric Supply (supra) J.B. Exports (supra), Vishwanathan & Co (supra), as well, as Ritesh Industries (supra).
Karnataka High Court Cites 14 - Cited by 12 - N Ananda - Full Document

Liberty India vs Commissioner Of Income Tax on 22 September, 2006

Liberty India v. Commissioner of Income Tax 293 ITR 520 (P&H); Commissioner of Income Tax v. Eltek SGS P.Ltd (2008) 300 ITR 6 (Delhi); Commissioner of Income Tax v. Five Star Rugs (2007) 293 ITR 553(P&H); Commissioner of Income Tax vs. India Gelatine and Chemicals Ltd 275 ITR 284 (Guj.) 4.7 As stated above, the notifications clearly mandate that the exemption from excise duty is available only if the industrial activity carried out by the ITA 83/2008 10 of 20 assessee either in a new industrial undertaking or in an industrial undertaking in which installed capacity is increased by at least by 25%. It is thus clear that in the first notification, i.e., 32/1999 the exemption is area specific, while in the second notification, i.e., 33/1999 the exemption is specific to goods as referred to in the schedule appended to the said notification. It is thus clear that the exemption is directly relatable to an industrial undertaking manufacturing goods which are otherwise exgible to duty. The exemption is available either under Notification No 32/1999 or under Notification No 33/1999 dependent on where the unit is located or the type of goods manufactured by an assessee as specified in the relevant notification.
Punjab-Haryana High Court Cites 8 - Cited by 44 - Full Document
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