Jurisprudentiol – Wednesday's cases

By Vijay Kumar

Legal Corner Icon — the image was hosted by the publisher and was not captured.Standards of Weights and Measures

No specific notification required for a class of goods; "Commodity in packaged form" means any commodity which is packed; Even a single or an individual item amounts to sale by measure or by count; The provisions of SWM Act and SWM Rules have been enacted for the benefit of and to safeguard interest of the consumers – High Court

VARIOUS sub-clauses of Section 1(3) of the SWM Act empowers the Central Government to issue separate notifications and appoint different dates for enforcement of (a) different sections/sub sections of the SWM Act (b) areas to which the SWM Act will be applicable, (c) classes of goods to which the SWM Act will be applicable and (d) classes of weights and treasures or users of weights and measures to which the SWM Act will be applicable. However, Section 1(3) does not endure a notification for individual or specific goods. A general notification is not barred or prohibited.

Income Tax

Assessing Officer cannot go beyond the book profits as per audited accounts provided they are prepared as per manner provided in Part II and Part III of Schedule VI to Companies act, 1956 and are adopted in AGM. - ITAT

IN the instant case, admittedly the accounts are not prepared in the manner provided in Part II and Part III of Schedule VI to the Companies Act, 1956 since the profit on sale of investments amounting to Rs.10,38,13,765/- which is a material amount, has not been routed through the Profit and Loss A/c. Therefore, the Assessing Officer has the power to re-work the book profit by recasting the accounts in the manner provided as per Part II and Part III of Schedule VI to the Companies Act, 1956.

Central Excise

SSI exemption – clubbing - Merely because both firms were dealing in same type of production and because one of partners in both firms was same, it could not be concluded that one was a dummy unit of other – High Court

TRIBUNAL rejected the contention of the Revenue and allowed the appeals by majority of two against one. The findings of the Tribunal are clearly based on facts. In view of some of the salient facts noted above, it is impossible to hold that the findings of fact given by two of the Members are perverse.

See our columns Tomorrow for the judgements