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  • 2014 (11) TMI 734 - KERALA HIGH COURT

    THE COMMISSIONER OF INCOME TAX (CENTRAL), KOCHI Versus SETTLEMENT COMMISSION (IT & WT) AND M/s. JOSCO JEWELLERS PVT. LTD.

    Income Tax - Interference made in the order of Settlement Commission u/s 245D - Nature of jurisdiction exercised - Whether the exercise of its jurisdiction under Article 226 of the Constitution of India, will interfere with orders passed by the Settlement Commission under Section 245D of the Income Tax Act, 1961 and if so, to what extent – Held that:- This court would be concerned with the decision making process, adopted by the Commission, and not the decision itself – in Jyotendrasinhji v. S. I. Tripathi a.....

  • 2014 (11) TMI 733 - DELHI HIGH COURT

    Director of Income Tax (Exemption) Versus M/s. Indraprastha Cancer Society, M/s. Sanskriti Educational Society, M/s. Abul Kalam Azad Islamic Awakening

    Income Tax - Entitlement for depreciation - Whether a charitable institution, which has purchased capital assets and treated the amount spent on purchase of the capital asset as application of income, is entitled to claim depreciation on the same capital asset utilised for business – Revenue was of the view that this would amount to double deduction – Held that:- The issue has been examined in depth and detail twice and thus there is no error in the orders passed by the Tribunal - in Director of Income Tax .....

  • 2014 (11) TMI 732 - DELHI HIGH COURT

    The Commissioner of Income Tax-II Versus JDS Apparels Private Limited

    Income Tax - TDS under section 194H – assessee had paid commission to HDFC on payments received from customers who had made purchases through credit cards - Whether the Tribunal was right in holding that the AO was wrong in invoking Section 40(a)(ia) of the Act – Held that:- Section 194H of the Act would not be attracted - HDFC was not acting as an agent of the respondent-assessee - Once the payment was made by HDFC, it was received and credited to the account of the assessee - In the process, a small fee wa.....

  • 2014 (11) TMI 731 - KERALA HIGH COURT

    THE DEPUTY DIRECTOR OF INCOME-TAX (INV) -II Versus STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR

    Income Tax - Source of income not disclosed – Claim of custody of gold ornaments by the income tax authority for the purpose of enquiry under the Income Tax Act - Criminal petition under Kerala Value Added Tax Act – Whether the release of gold to the first respondent in the latter Crl. M.C. would in any way affect the power of Income Tax Authority to continue with the proceedings u/s 132A - Held that:- The power of the Magistrate under Section 451 Cr.P.C. does not extend to the determination of ownership of .....

  • 2014 (11) TMI 730 - PUNJAB & HARYANA HIGH COURT

    Commissioner of Income Tax, Patiala Versus M/s. Nahar Spinning Mills (P) Ltd.

    Income Tax - Taxability of cash incentive and duty draw back - Whether the amount on account of cash incentive and duty draw back, though claimed but not received actually by the assessee, would be taxable under the Income Tax Act – Held that:- As decided in Commissioner of Income-tax, Patiala Versus Sriyansh Knitters (P.) Ltd. [2010 (10) TMI 638 - PUNJAB AND HARYANA HIGH COURT] It has been decided that before quantification based on verification, no income could be held to have accrued to the assessee - no.....

  • 2014 (11) TMI 729 - ITAT DELHI

    Religare Enterprise Ltd. Versus ITO, Ward 15(3), New Delhi

    Income Tax - Exclusion of loan written back to credit of P&L a/c – Applicability of section 41(1) – Loans waived by group companies - Held that:- In the audited financial statements the Trustees of the assessee have recognised liabilities written back, dividend and bank interest as income - Loss on sale of investments was claimed as expenditure - No doubt entries in the books of accounts do not determine the taxability or otherwise of a transaction, but at the same time the entries give a good indication as .....

  • 2014 (11) TMI 728 - ITAT HYDERABAD

    M/s. Kirby Building Systems India Ltd. Versus ACIT, Circle 8(1), Hyderabad

    Income Tax - Transfer pricing adjustment -Payment of royalty and technical service fee disallowed –Held that:- Following the decision in Kirby Building Systems India Ltd. Versus Additional Commissioner of Income-tax, Range-8, Hyderabad [2014 (10) TMI 696 - ITAT HYDERABAD] - Kirby Building Systems India P. Ltd., is a wholly owned subsidiary of Alghanim Industries, a Kuwait based Multi-Billion Conglomerate - It is one of the world’s largest producers of Pre- Engineered Steel Buildings (in short “PEB”) and has .....

  • 2014 (11) TMI 727 - ITAT MUMBAI

    ITO 19(2) (4), Mumbai Versus Narinder Kaur Bhatia

    Income Tax - Allowability of exemption against the sale of property u/s 54 – Purchase agreement beyond one year before the date of sale or not – Held that:- The assessee had purchased a residential flat on 08.01.1981, which was sold on 07.02.2007 for a sale consideration of ₹ 1,25,00,000 – revenue was of the view that firstly, the purchase agreement for new flat on was 28.12.2005, which is beyond the period of one year before the date of sale and secondly, the purchasing of undivided share in the flat .....

  • 2014 (11) TMI 726 - ITAT JAIPUR

    The ACIT, Circle- Sawai Madhopur Versus Shri Khiladi Lal Bairwa Prop. M/s. Khiladi Lal & Bros

    Income Tax - Validity of notice for reassessment u/s 148 - Discrepancies in the transportation receipts and TDS certificates - Held that:- The AO made additions which were deleted by the CIT(A) – revenue relied on the CIT(A)’s order to hold that the proceedings u/s 148 of the Act are valid in law - there is no merit in the objections raised by the assessee inasmuch as the issue on which notice u/s 148 of the Act was issued and the additions in that respect have been made by the AO – Decided against assessee......

  • 2014 (11) TMI 725 - ITAT MUMBAI

    Income Tax Officer, (International Taxation) -3(1), Versus Linklaters & Paines Mumbai

    Income Tax - Permanent establishment - Whether the assessee had a permanent establishment in India or not – Held that:- Following the decision in Linklaters LLP Versus ITO (Int’l Taxation) [2010 (7) TMI 535 - ITAT, MUMBAI] - in a situation where specific provisions for professional services or independent personal services or included services exist under article 15, when services are rendered by the enterprise, article 5(2)(k) will come into play, and when services are rendered by an individual, article 15 .....

  • 2014 (10) TMI 435 - ITAT MUMBAI

    ST. Holding Pvt. Ltd. Versus Assistant Commissioner of Wealth Tax

    Wealth tax - Valuation of property - Section 2(ea) of Wealth Tax Act, 1957 - whether security taken for lease of asset would be treated as debt - Held that:- a security deposit taken by the assessee-lessor leads to an inflow of funds with it. He is thus without doubt better placed than a person not a receipt of the security deposit, result as it does in a corresponding increase in his cash/bank balance, which could be profitably deployed/invested. Of course, there is a concomitant liability to repay the deb.....

  • 2014 (10) TMI 403 - ANDHRA PRADESH HIGH COURT

    The Commissioner of Wealth Tax, Andhra Pradesh-I, Hyderabad Versus Trustees of Prince Moazam Jah Trust, Hyderabad

    Wealth tax - Determination of share of beneficiaries in a trust for the purpose of wealth tax - Applicability of section 21(4) - Whether the Tribunal is correct in holding that the Trust is a specific one and that the beneficiaries are known and their shares are determinate – Held that:- The basic principle requisite condition that has to be satisfied is that the shares of the persons on whose behalf or for whose benefit any such assets are held are indeterminate or unknown, the wealth-tax shall be levied up.....

  • 2014 (8) TMI 768 - ITAT MUMBAI

    WTO-8(3) (2), Mumbai Versus M/s. SN. Desai Hospitalities & Developers Pvt. Ltd.

    Wealth tax - Deletion the value of the land for Wealth Tax - Exempt u/s 2(2ea)(ii) - Whether CWT(A) erred in directing the AO to delete the value of the land for Wealth Tax purposes as being exempt ujs. 2(2ea)(ii) of the W. T. Act, without appreciating the findings of the AO in the assessment order - Held that:- it is clear that if on a plot of land construction of a building is not permissible under any law then the said plot of land could not form part of urban land or the asset to be taxed under the Act. .....

  • 2014 (7) TMI 543 - SUPREME COURT

    Amrit Banaspati Co. Ltd. Versus Commissioner of Wealth-Tax

    Wealth tax - Valuation of assets being a residential flat - Rule 3 to 7 of Schedule III of the Wealth-Tax Act, 1957 - scope of the term 'practicable' - wide variation between alleged market value as determined by the Departmental Valuation Officer and the value as disclosed by the assessee - Held that:- the word "practicable" is to be construed widely - if in the opinion of the AO, if the value determined by the tax payer on the basis of Rules 3 to 7 is absurd or has no correlation to the fair market value.....

  • 2014 (5) TMI 286 - SUPREME COURT

    Commissioner of Wealth Tax, Rajkot Versus Estate of Late HMM Vikramsinhji of Gondal

    Wealth tax - Computation of taxable income and taxable wealth of discretionary trust - estate of the deceased Settlor - legal position about the discretionary trust - assessment years 1964-65 to 1970-71 and assessment years 1970-71 to 1982-83 - Held that:- A discretionary trust is one which gives a beneficiary no right to any part of the income of the trust property, but vests in the trustees a discretionary power to pay him, or apply for his benefit, such part of the income as they think fit. The trustees m.....

  • 2014 (3) TMI 410 - ALLAHABAD HIGH COURT

    Commissioner of Wealth Tax (Appeals) Versus Deepak Verma

    Wealth tax - Deletion of penalty U/s. 18(1)(c) of the W.T. Act - Voluntary filing of particulars - Validity of tribunal's order - Held that:- The Tribunal has furnished reasons for deletion of the penalty. The Tribunal has noted that the assessee had adopted the cost index prescribed for computation of capital gains whereas the Assessing Authority had adopted the circle rate fixed by the registering authority for stamp duty purposes, in determining the valuation. When the matter travelled to the CIT(A), the .....

  • 2014 (2) TMI 1005 - ANDHRA PRADESH HIGH COURT

    The Commissioner of Wealth Tax Versus The Trustees of HEH the Nizams Jewellery Trust Rep. Sb. Zaheeda Begum Fund

    Wealth tax - Valuation of assets under Wealth tax - Whether Tribunal was justified in Fixing the value of the beneficial interest in the corpus at 50% of the value fixed by the valuer on the alleged grounds of uncertainties, hazards and risks of litigation, etc.? - Held that:- Tribunal is the last fact finding authority and the High Court in exercise of its jurisdiction under Section 27 of the Act and Section 256 of the Income Tax Act has to accept the finding as recorded by the Tribunal as correct unless a .....

  • 2014 (2) TMI 961 - ALLAHABAD HIGH COURT

    The Commissioner of Wealth Tax Versus Mr. Kishan Lal

    Wealth tax - Valuation of the right to receive compensation - whether the value of enhanced compensation awarded to the assessee in includible under wealth tax assessment - Held that:- Following the decision of Hon'ble Supreme Court in the case of CIT vs. Ghanshyam, [2009 (7) TMI 12 - SUPREME COURT], decided in favor of assessee......

  • 2014 (1) TMI 516 - ALLAHABAD HIGH COURT

    Shri Sri Chand Jain HUF Versus Commissioner of Wealth Tax & Others

    Wealth tax - Liability to wealth tax - whether the grove land situate in urban area on which no construction was permissible would come within the expression of 'urban land' under Section 2 (b) of the Wealth Tax Act 1957 - Held that:- without disclosing the fact that the present appeals have been entertained by the High Court, and a date has been fixed for hearing, the appellant pursued the matter in Tribunal, to rectify the order to his benefit on the question of assessment. He also did not inform the Tribu.....

  • 2014 (1) TMI 461 - PUNJAB & HARYANA HIGH COURT

    Hans Raj (HUF) Versus The Commissioner of Wealth Tax, Patiala

    Wealth tax - Jurisdiction under Section 18-B - Imposition of penalty - Deposit of wealth tax after due date - Held that:- A perusal of Section 18B of the 1957 Act would reveal that it commences with a non-obstante clause thereby indicating that while considering a prayer for reduction/waiver of penalty, a Commissioner shall consider such factors as are enumerated in Section 18-B of the 1957 Act and no other factor. A perusal of the impugned order, reveals that factors enumerated in Section 18-B of the 1957 A.....

  • 2014 (11) TMI 757 - CESTAT BANGALORE

    M/s. SWARNA TOLLWAY PVT. LTD. Versus COMMISSIONER OF CUSTOMS, CENTRAL EXCISE AND SERVICE TAX GUNTUR

    Service Tax - Business Auxiliary Services - collection of toll charges on behalf of CIDBI or not - Held that:- The appellants relied on the various provisions of Memorandum of Agreement, Tripartite Assignment Agreement, and also adduced additional evidence in the form of letters from the lead Banker M/s. IDBI, wherein they are treating the appellant only as the Concessionaire and accordingly the funds have been released to them. The appellants have also produced the letter from the Income Tax department, wher.....

  • 2014 (11) TMI 756 - CESTAT NEW DELHI

    Pushkar Steels (P.) Ltd. Versus Commissioner of Central Excise, Meerut-I

    Service Tax - Management Consultancy Services - activity of helping in marking of granite blocks and rendering assistance in execution of the export orders - Penalty u/s 76, 77 & 78 - Held that:- Organization to whom Management Consultancy service is alleged to have been provided is not specified. Moreover, the service provided has to be in relation to the Management of an organization including advice, Consultancy or technical assistance for rectification or improvement of system of the organization. Mere h.....

  • 2014 (11) TMI 755 - CESTAT MUMBAI

    SGR INFRATECH LTD. Versus COMMISSIONER OF CENTRAL EXCISE, NAGPUR

    Service Tax - Refund claim - period of limitation - repair and maintenance of light, electric installation etc - appellant was under the impression that they are required to pay service tax, they kept paying the service tax till 15.06.2005. Later-on, when they realized that as the street lights are immovable property and they are not required to pay service tax, they filed a refund claim of the service tax erroneously paid by them which was not payable at all. - refund claim was rejected as time barred - He.....

  • 2014 (11) TMI 754 - CESTAT MUMBAI

    SHRIRAM TRANSPORT FINANCE CO LTD Versus COMMISSIONER OF CUSTOMS AND CENTRAL EXCISE

    Service Tax - Waiver of pre deposit - hire purchase and financial lease service - Held that:- On perusal of the decision of the Hon'ble Apex Court in the case of Association of Leasing & Financial Service Companies Vs. Union of India (2010 (10) TMI 4 - SUPREME COURT OF INDIA), various provisions of Finance Act, and Service Tax Rules. Prima facie we do agree with the contention of the Ld. Counsel for the applicant that applicant is engaged in the activity of giving loan for earning interest through leasing the.....

  • 2014 (11) TMI 753 - CESTAT CHENNAI

    M/s. The Salem Fairlands Recreation Club Versus Commissioner of Central Excise, Salem

    Service Tax - Waiver of pre deposit - Club or Association Service - Held that:- Ranchi Club Ltd. Vs. Commissioner of Central Excise & Service Tax, Ranchi Zone reported in [2012 (6) TMI 636 - Jharkhand High Court], Sports Club of Gujarat Ltd. Vs Union of India reported in [2013 (7) TMI 510 - GUJARAT HIGH COURT] - In view of that, we waive the pre-deposit of tax along with interest and penalty till disposal of the appeal - Stay granted......

  • 2014 (11) TMI 752 - CESTAT MUMBAI

    M/s PRAKRUTI RESORTS LTD. Versus COMMISSIONER OF CENTRAL EXCISE, RAIGAD

    Service Tax - CENVAT Credit - construction service and consulting engineer service - Held that:- Appellant is entitled to take CENVAT Credit on the construction services and consulting engineering services availed by it during the financial year 2007-08 being prior to 1.4.2011 when such CENVAT Credit was expressly disallowed by amendment of the Rules. Further, I hold that the whole proceedings against the appellant were misconceived. Hence, the impugned order is set aside - appellant is permitted to take CENV.....

  • 2014 (11) TMI 751 - CESTAT MUMBAI

    COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS, AURANGABAD Versus HOGANAS INDIA LTD

    Service Tax - C&F Agency Services - Commissioner set aside demand - Held that:- sales representative appointed by the respondent were only canvassing orders and they were not received or clearing and forwarding the goods manufactured by the appellant. For canvassing the orders and pursuing the delivery of the goods, the sales representatives were paid a commission. This activity of the sales representative, by no stretch of imagination, can be called clearing and forwarding service and, therefore, we do not f.....

  • 2014 (11) TMI 750 - CESTAT MUMBAI

    OTIS ELEVATOR COMPANY (INDIA) LTD. Versus COMMISSIONER OF SERVICE TAX MUMBAI-II

    Service Tax - Remission of tax - On the basis of previous order Commissioner ordered remission of tax without issuing SCN - Held that:- Inasmuch as the relied upon order has already been set aside and the matter is remanded back to the adjudicating authority, and the said order is the basis for issuance of the notice, the notice also would not survive and consequently the order passed by the Commissioner also would not survive and the matter has to be re-considered afresh by the Commissioner in terms of the d.....

  • 2014 (11) TMI 714 - CESTAT MUMBAI

    COMMISSIONER OF SERVICE TAX, MUMBAI Versus SVS MARINE SERVICES PVT LTD

    Service Tax - Manpower Recruitment or Supply Agency's services - Penalty u/s 76 & 78 - Held that:- Period in dispute is initial period when the service tax was imposed on Manpower Recruitment or Supply Agency's Services and when the Revenue pointed out the same deficiency in payment of service tax, respondents immediately paid the same with interest and subsequently paying regularly the service tax. In these circumstances, in view of Section 80 of the Finance Act, 1994 we find that it is not a case for imposi.....

  • 2014 (11) TMI 713 - CESTAT CHENNAI

    M/s. Gopalaswamy & Company Versus Commissioner of Central Excise, Salem

    Service Tax - Management, maintenance or repair service - business of retreading of old and used tyres - Held that:- there is a demand of tax on the material portion alone. It is seen from the said adjudication order that the appellants contended that they are paying sales tax/VAT on the materials at the time of purchase and also at the time of delivery of retreaded tyres since it is a works contract service and the transfer of property amounts to 'sale" as per Article 366 (29A) of the Constitution of India. .....

  • 2014 (11) TMI 758 - CESTAT BANGALORE

    ADITYA HOROLOGICAL LTD. Versus COMMR. OF C. EX. (APPEALS-I), BANGALORE

    Central Excise - Modification of stay order - Waiver of pre deposit - non compliance of pre deposit order - Financial Hardship - Held that:- The plea of financial hardships was also considered in the above stay order wherein it was noted that this plea was not supported by any documentary evidence. The same plea has been reiterated by the appellant in the present miscellaneous application but it is not accompanied by any documentary evidence. As rightly pointed out by the Superintendent (AR), no further reason h.....

  • 2014 (11) TMI 749 - CESTAT NEW DELHI

    M/s. Shree Baba Exports Versus CCE, Meerut-II

    Central Excise - CENVAT Credit - Reversal of credit when finished goods became exempt - Methol Flakes and Menthol Crystals - Applicability of Rule 11 (3) - Held that:- Sub-rule 3 would be applicable if the some cenvat credit availed inputs are being used for manufacture of a final product and that final product has become fully exempt from duty. In such a situation, the assessee would be liable to pay an amount equal to the cenvat credit involved in respect of the inputs lying in stock or in process, or containe.....

  • 2014 (11) TMI 748 - CESTAT CHENNAI

    SHS Electronics Versus Commissioner of Central Excise, Coimbatore

    Central Excise - Classification of goods - Classification of Horn Controller - Whether the Horn Controller manufactured and cleared by the appellants was classifiable under Chapter sub-heading 8512.00 or under chapter sub-heading 8708.00 of the CETA during the relevant period - Held that:- Horn Controller through Electronic Circuit actuates the relay in the controller which in turn activates the solenoid valve to open or close the air passages. The appellant's main contention is that Horn Controller are used in .....

  • 2014 (11) TMI 747 - ANDHRA PRADESH HIGH COURT

    MAA MAHAMAYA INDUSTRIES LTD. Versus COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX VISAKHAPATNAM-I, COMMISSIONERATE

    Central Excise - Validity of Tribunal's order - appellant, argued that the Tribunal has no jurisdiction to ask the appellant to make the deposit as a pre-condition for fresh adjudication - held that:- Tribunal does not have any inherent power like Civil Court to pass appropriate order for the ends of justice. The Tribunal is a creature of a Statute with specific powers mentioned in the Statute itself. From the grounds of the appeal and the Statute, we do not find any provision for depositing ₹ 5crores for .....

  • 2014 (11) TMI 746 - ANDHRA PRADESH HIGH COURT

    COMMR. OF C. EX. & CUS., VISAKHAPATNAM-I Versus ISN. RAJU

    Central Excise - Clearance of goods without payment of duty - Extended period of limitation - Fabrication at site - Supply of Concrete Armoured Units (CCA Units) - Interest u/s 11AB - Penalty u/s 11AC - Held that:- Admittedly, there was an adjudication order No. 7/89, dated 23-6-1989 passed by the Additional Collector, Guntur for the period 1987-88 when the respondent had executed work awarded by VPT including casting of CCA Units, holding that the respondent was only a works contractor and not the manufacturer .....

  • 2014 (11) TMI 745 - MADRAS HIGH COURT

    COMMISSIONER OF CENTRAL EXCISE, CHENNAI Versus EUROTHERM DEL INDIA LTD.

    Central Excise - Reversal of MODVAT Credit - Penalty u/s 11AC - Interest u/s 11AB - Whether the lower appellate authority was right in setting aside the mandatory penalty under Rule 57-I(4) of the Central Excise Rules, 1944 and Section 11AC of the Central Excise Act, 1944 for the entire period subsequent to 28-9-1996 - Held that:- Department has contested the matter regarding imposition of penalty prior to the date of introduction of the said provision, viz., 57-I(4) of the Central Excise Rules, 1944 and thereaf.....

  • 2014 (11) TMI 744 - CALCUTTA HIGH COURT

    CHITTARANJAN LOCOMOTIVE WORKS Versus UNION OF INDIA

    Central Excise - Waiver of pre-deposit - Penalty u/s 11AC - Non production of clearance from CoD or any document that the application seeking clearance is pending - Held that:- Following decision of Electronics Corporation of India Ltd. Versus Union of India & Ors. [2011 (2) TMI 3 - Supreme Court] - stand of the Tribunal that the application is not maintainable because of non-production of clearance from CoD is not sustainable. - Matter restored before the tribunal......

  • 2014 (11) TMI 743 - BOMBAY HIGH COURT

    NANDKISHORE STEEL INDUSTRIES PVT. LTD. Versus CESTAT

    Central Excise - Maintainability of appeal - Dismissal of appeal - Non compliance with pre deposit order - Held that:- How mere closure or then taking over by the financial institution ipso facto is sufficient to demonstrate undue hardship. In the light of material produced before us, we find that there is no jurisdictional error or perversity in the application of mind by the CESTAT. However, CESTAT has thereafter proceeded further, noted adjudication by this Court in the case of another unit and asked the pres.....

  • 2014 (11) TMI 742 - Supreme Court of India

    Lumbini Beverages Pvt. Ltd. Versus Commissioner

    Central Excise - Cenvat credit - credits were taken without satisfying the procedure provided under Rule 57R(3) of the Central Excise Rules, 1944 - Supreme Court dimissed appeal filed by assessee against the order of high Court [2009 (1) TMI 520 - PATNA HIGH COURT] where it has been held that provision of Rule 57R(3) of the Rules is required to be followed even when the capital goods were acquired by the assessee under a loan agreement from the bank. Supreme Court held that presently no order for early hearing o.....

  • 2014 (11) TMI 741 - Supreme Court of India

    Samrat Plywood Ltd. Versus Commissioner

    Central Excise - Waiver of pre deposit - Order of pre deposit to pursue matter afresh - High Court upheld order of pre deposit [2011 (11) TMI 317 - PUNJAB AND HARYANA HIGH COURT] - Supreme Court dismissed appeal as infructuous since in pursuance of the previous order, the adjudicating authority has already decided the matter......

  • 2014 (11) TMI 738 - CESTAT MUMBAI

    SUNITIDEVI SINGHANIA HOSPITAL & MEDICAL RESEARCH CENTRE Versus COMMISSIONER OF CUSTOMS ACC, MUMBAI

    Customs - Confiscation of goods - Redemption fine and penalty - import of medical equipment claiming the benefit of Notification 64/88-Cus dated 01/03/1998 - Held that:- As per the records produced by the appellant before the investigating authority, the total number of OPD patients given free treatment amounted to 2.2%, 5.57% and 2.64% for the years 1997, 1998 and 199 respectively. Similarly, the number of in-patients given free treatment having income below ₹ 500/- were 1.2%, 0.36% and 0.81% for .....

  • 2014 (11) TMI 737 - CESTAT CHENNAI

    Commissioner of Customs, (Seaport-Export), Chennai Versus Adani Exports Ltd.

    Customs - Denial of refund claim - finalization of provisional assessment - The adjudicating authority rejected the refund claim on the ground that the finalization of amount was done on 5.1.2007 and the appellant filed refund claim on 10.9.2007. - period of limitation - Commissioner (Appeals) mainly following the Public Notice No.45/2004 dt. 10.3.2004 observed that the Bills of Entry were audited on 5.4.2007 and the importer had time upto 4.10.2007 for filing the refund claim and allowed the refund clai.....

  • 2014 (11) TMI 736 - CESTAT MUMBAI

    OIL AND NATURAL GAS CORPORATION LTD Versus COMMISSIONER OF CUSTOMS (IMPORT), MUMBAI

    Customs - Levy of Anti dumping duty - mode of calculation - import of casing pipes - Notification No. 91/2000-Cus dated 21.6.2000 - Held that:- Anti Dumping Duty has not been imposed based upon the margin of dumping but Anti Dumping Duty has been imposed less than that and is based upon the reference price of the domestic producers. We also note that para 18 of the recommendation of the designated authority very clearly states that the landed value of imports is proposed to be determined after charging .....

  • 2014 (11) TMI 735 - CESTAT NEW DELHI

    Shri Chander Gauba, MD. -M/s V&S International] Versus CC, New Delhi (Prev.)

    Customs - Violation of principle of natural justice - Opportunity for cross examination not given - over valuation of the export consignment - Imposition of penalty - Held that:- Commissioner has not allowed cross-examination of the deponents, whose statement were relied upon, on the ground that the said statements were recorded under Section 108 of the Customs Act and have not been retracted. We are afraid that we find no merits in the said observation of the Adjudicating Authority. Every statement, duri.....

  • 2014 (11) TMI 699 - CESTAT AHMEDABAD

    M/s. Link Enterprise Versus Commissioner of Customs Kandla

    Customs - Application for extension of stay already granted - Power of Tribunal to extend stay granted earlier beyond the total period of 365 days - Held that:- After granting stay to the appellant on 20.03.2012 whenever the case was called for hearing the same was found to be linked to an appeal to the higher courts on the same issue. The adjournments granted in this case do not convey that the same were granted on account of any flimsy grounds taken by the appellant. There is no fault on the part of the.....

  • 2014 (11) TMI 698 - CESTAT MUMBAI

    RASHTRIYA CHEMICALS & FERTILIZERS LTD Versus COMMISSIONER OF CUSTOMS (IMPORT), NHAVA SHEVA AND COMMISSIONER OF CUSTOMS (IMPORT), NHAVA SHEVA Versus RASHTRIYA CHEMICALS & FERTILIZERS LTD

    Customs - Denial of refund claim - Benefit of exemption under notification No. 16/2000-Cus (Serial No. 182) - exemption denied on the ground that the catalyst imported by the assessee is a chemical used in the process of manufacture of fertilizers and cannot be considered as machinery, instrument, apparatus and appliances or parts or raw materials for the manufacture of the aforesaid items - Held that:- From a perusal of the notification it can be easily seen that what is exempted in the said notification.....

  • 2014 (11) TMI 697 - CESTAT AHMEDABAD

    Shri Rupin Kishor Parikh Versus Commissioner of Customs, Ahmedabad

    Customs - Application for extension of stay already granted - Power of Tribunal to extend stay granted earlier beyond the total period of 365 days - Held that:- After granting stay to the appellant on 20.03.2012 whenever the case was called for hearing the same was found to be linked to an appeal to the higher courts on the same issue. The adjournments granted in this case do not convey that the same were granted on account of any flimsy grounds taken by the appellant. There is no fault on the part of the.....

  • 2014 (11) TMI 695 - CESTAT CHENNAI

    Eltece Associates Versus Commissioner of Customs (Port-Import) Chennai

    Customs - Suspension of license of the CHA - Regulation 20 (2) of CHALR 2004 - Non issuance of SCN - Held that:- offence report was filed on 18.10.2012. After the receipt of the offence report, the only course to be adopted by the first respondent is to issue a show cause notice within 90 days to the petitioner. Unfortunately in the present case, although 41 days had lapsed till the filing of the writ petition, the first respondent has not come forward to issue the show case notice to comply with the mand.....

  • 2014 (11) TMI 662 - CESTAT AHMEDABAD

    M/s JM. Baxi & Co. Versus CC Kandla

    Customs - Revocation of License - Forfeiture of security deposit - whether the appellant and the Customs broker M/s J.M. Baxi & Co. have colluded for evasion of Customs duty and if so whether the CB is liable for penal action under Regulation 20 of CBLR 2013 or otherwise - Held that:- appellant, who is a CB, cannot be faulted with or cannot be charged with negligence or carelessness and failure to discharge the obligation cast upon him when he filed all the documents that indicate the imported vessel bein.....

  • 2014 (11) TMI 661 - CESTAT MUMBAI

    LORENZO BESTONSO Versus COMMISSIONER OF CUSTOMS (IMPORT), NHAVA SHEVA

    Customs - Delay in refund claim - Refund of pre deposit directed by this Tribunal - Order not complied with - Held that:- Revenue was present in the Court when the order was dictated. It was, therefore, his duty to intimate the same to the concerned authorities of the decision of this Tribunal. In any case, the said order dated 09/09/2014 was given as "Dasti". The learned AR also confirms that he had collected a copy of the order and had communicated the same to the respondent Commissioner of Customs, Nha.....

  • 2014 (11) TMI 453 - KERALA HIGH COURT

    M/s. SYNTHITE INDUSTRIES LTD. Versus EXCISE COMMISSIONER AND COMMISSIONERATE OF EXCISE

    VAT and Sales Tax - Validity of Order passed under Abkari Policy - Order to to close down all Bar Hotels in Kerala, except those which were having 'Five Star and above' classification - Assessee upgraded from three star Hotel to Five Star delux hotel - Held that:- Ext.P17 order dated 27.8.2014 was to be given effect on the expiry of 15 days from the date of said order. But the fact remains that, Ext.P17 order has not come into force so far. The issue was taken up before the Apex Court, when the proceedings have bee.....

  • 2014 (11) TMI 420 - KERALA HIGH COURT

    SANTHOSH BABU Versus THE DEPUTY COMMISSIONER OF EXCISE AND OTHERS

    VAT and Sales Tax - Abkari offence - Recovery of dues under Kerala Revenue Recovery Act - The main contention urged by the petitioner is that there is no necessity to attach his property as he is willing to pay an amount of ₹ 1,75,000/- in lieu of confiscation - appellant claims that, but he has no obligation to pay any interest on the said amount - Held that:- liability to pay the security amount arises when there is default on the part of the petitioner in not producing the vehicle before the competent aut.....

  • 2014 (11) TMI 332 - SUPREME COURT

    The State of Karnataka Versus M/s. Stovekraft Pvt. Ltd.

    VAT and Sales Tax - Rate of tax - rate of tax applicable on the sale of Stainless Steel Pressure Cooker, Aluminium Pressure Cooker, Stainless Steel LPG Stoves, Kerosene Stoves and Aluminium Non-stick tawa - Authority, clarified that the rate of tax applicable on the sale of Stainless Steel LPG Stoves, Kerosene Wick Stove and Stainless steel vacuum flask would be 12.5% under Section 4(1) (b) of the KVAT Act and on Aluminium Non-stick cookware would be 4% under Section 5 in Third Schedule of KVAT Act - Held that:- Le.....

  • 2014 (11) TMI 245 - KERALA HIGH COURT

    SNOFIELD FOODS PVT. LTD. Versus STATE OF KERALA

    VAT and Sales Tax - Levy of 16 per cent tax on the sale of deep freezers - Held that:- Tribunal, the last fact-finding authority, in our opinion, has misconceived the principles underlying the virtue of brevity. In annexure C order it merely says that since the appellant purchased deep freezer from exempted class of dealers and no tax was paid, the assessment levying 16 per cent tax on its sale is in accordance with law. The Tribunals would do well to examine the facts of the transaction and relate it to the law ap.....

  • 2014 (11) TMI 204 - KERALA HIGH COURT

    State of Kerala Versus Oppoottil Agencies and Shaji Joseph

    VAT and Sales Tax - Classification of goods - whether the item polystik compound or the rain guard compound can be classified as an adhesive or a rain guard coat or a chemical for the protection of plants - Held that:- The very process of rain guarding, as mentioned above, shows that a thin coating of a bitumen-based adhesive is smeared on the scraped portion of the trunk of the rubber tree. Then a frilled polythene skirt like material is put, which is covered with a kora cloth and then both kora cloth and polythen.....

  • 2014 (11) TMI 162 - Orissa High Court

    Snow White Trading Corporation Versus State of Orissa

    VAT and Sales Tax - Levy of entry tax - Whether entry tax can be levied on scheduled goods purchased inside the local area from another registered dealer of the same local area who brought the scheduled goods into the local area - Held that:- Incidence of taxation is on entry of goods into the local area for use, consumption or sale therein. The core of taxing statute is in the charging section and liability to tax arises by virtue of charging section. The rule of construction of charging section is that before tax.....

  • 2014 (11) TMI 120 - Orissa High Court

    Vinayak Agro Industry Versus Commissioner of Commercial Taxes, Orissa, Cuttack and Others

    VAT and Sales Tax - Undervaluation under Orissa VAT - sale of good quality goods as scrap - Release of confiscated goods - levy of heavy penalty - Violation of Art 14 Of Constitution - STO after investigation noticed that the goods covered by way-bill were found to be incorrect - Goods are found to be auto parts (spring) leaf in sets ; but the way-bill in support of the consignment discloses the goods to be scrap spring pati - Held that:- From the noting made in the show-cause notice and observations/findings of th.....

  • 2014 (11) TMI 80 - ALLAHABAD HIGH COURT

    Kohinoor Jewellers Versus State of UP. and others

    VAT and Sales Tax - Liability of the petitioner to pay the interest on its turnover of sale of jewellery articles and bullion - petitioner had opted for payment of composition fee as envisaged under section 7-D of the U.P. Trade Tax Act and the said composition scheme after three years was turned down by the State of Uttar Pradesh - Whether petitioner having deposited the requisite amount in lieu of the tax under the scheme, can be held as defaulter in payment of admitted tax due so as to hold him liable to pay int.....

  • 2014 (11) TMI 34 - KARNATAKA HIGH COURT

    State of Karnataka Versus Maintec Technologies (P.) Ltd.

    VAT and Sales Tax - Levy of Interest from the date of filing of return or from the date of assessment - Tax liability for Non production of C form before AO - Denial of benefit of Declaration - whether the appellate authority should entertain the declaration under the circumstances when the dealer could not produce the same before the assessing authority will have to be considered in the light of the powers of the appellate authority - Held that:- If the appellate power is a limited power then entertainment of the .....

  • 2014 (10) TMI 810 - RAJASTHAN HIGH COURT

    Indure Pvt. Ltd. Versus State of Rajasthan and Others

    VAT and Sales Tax - Writ petition against the SCN issued under VAT - SCN issued for rectification of the exemption fees certificate in prescribed form VAT-14 - Held that:- While the jurisdiction of the assessing authority under section 33 of the Act of 2003 to rectify the apparent mistake as such is not challenged and possibly cannot be challenged also, the mixed questions of facts and law including certain complex questions, if decided by this court at this stage, would be like putting the cart before the horse. T.....

  • 2014 (10) TMI 670 - SUPREME COURT OF INDIA

    Securities and Exchange Board of India Verus Sahara India Real Estate Corporation Ltd.

    Corporate Laws - Restriction on offer of equity shares/OFCDS or any other securities to the public or invite subscription in any manner whatsoever either directly or indirectly - High Court directed to refund the amount collected by Saharas in terms of the RHPs issued by them alongwith interest @ 15% p.a. from the date of the receipt of the deposits till the date of such repayment - Held that:- It is apparent, from the submissions made at the bar, that these IAs have two limbs: In the first instance, the contemn.....

  • 2014 (10) TMI 405 - SUPREME COURT

    Swan Gold Mining Ltd. Versus Hindustan Copper Ltd.

    Corporate Laws - Dismissal of application u/s 34 of the Arbitration and Conciliation Act - Learned Arbitrator held that the clause relating to payment of taxes was deleted by the appellant’s representative Mr. Ahlawat on 19.1.2007 and since work order was acknowledged, it is binding on the appellan - issue of deviation in price bid on 19.1.2007 - appellant, also challenged the arbitral award on the ground that the same is in conflict with the public policy of Indi - Held that:- Appellant has accepted the liabili.....

  • 2014 (10) TMI 368 - SUPREME COURT

    The Stock Exchange, Bombay Versus VS. Kandalgaonkar

    Corporate Laws - Priority of Crown debts - Overriding effect - Declaration of member of stock exchange as defaulter - Income Tax Department claims that it has priority over all debts owed by the defaulter member, whereas the Stock Exchange, Bombay claims otherwise - Held that:- The first thing to be noticed is that the Income Tax Act does not provide for any paramountcy of dues by way of income tax. - In the present case, the common law of England qua Crown debts became applicable by virtue of Article 372 of t.....

  • 2014 (9) TMI 60 - SUPREME COURT

    M/s. Navodaya Mass Entertainment Ltd. Versus M/s. JM. Combines

    Corporate Laws - Arbitration award - scope of court to interfere - Division Bench of the High Court affirmed the award of the Arbitrator - Held that:- the scope of interference of the Court is very limited. Court would not be justified in reappraising the material on record and substituting its own view in place of the Arbitrator’s view. Where there is an error apparent on the face of the record or the Arbitrator has not followed the statutory legal position, then and then only it would be justified in interferi.....

  • 2014 (9) TMI 21 - SUPREME COURT

    Pulsive Technologies P. Ltd. Versus State of Gujarat & Others

    Corporate Laws - Offences punishable under Section 138 and 142 of the Negotiable Instruments Act - cheque bounced - Payment stopped by drawer - failure to fulfill the obligation by the drawee - The High Court observed that “stop payment” instructions were given because the complainant had failed to discharge its obligations as per agreement by not repairing/replacing the damaged UPS system. - Held that:- The High Court fell into a grave error when it proceeded to quash the complaint. Even “stop payment” instruct.....

  • 2014 (8) TMI 649 - SUPREME COURT

    Shivgiri Associates & Others Versus Metso Mineral (India) Pvt. Ltd.

    Corporate Laws - Jurisdiction of court - Dishonour of cheque - Whether Courts at Gurgaon holds the jurisdiction to entertain the appeal ince the notice as contemplated in Section 138 of the Negotiable Instruments Act, 1881 had been dispatched from Gurgaon - Held that:- It appears that the learned Judicial Magistrate, First Class (Special Court), District Gurgaon, Haryana, on 14.6.2010 issued Summons to the Appellant. The Appellant thereupon approached the High Court of Punjab & Haryana at Chandigarh, which passe.....

  • 2014 (8) TMI 608 - SUPREME COURT

    Pawan Kumar Ralli Versus Maninder Singh Narula

    Corporate Laws - Dishonour of Cheque - proceedings initiated by the appellant under Section 138 of the Negotiable Instruments Act, 1881 - Bar of limitation - Validity of handwritten note (Notice) sent by the appellant - Held that:- handwritten note dated 27th April, 2012 and found that it was issued within the mandatory period of thirty days of dishonour of cheques and contained (a) the subject amount of ₹ 60,00,000/- given by the appellant as loan to the respondent under promissory notes; (b) the details.....

  • 2014 (8) TMI 528 - SUPREME COURT

    Precious Jewels & Another Versus Varun Gems

    Corporate Laws - Infringement of trademark - Appellants restrained from doing their business in the concerned name - Interim order u/s 35F - Held that:- interlocutory order passed by the Court below is not just and proper in view of the provisions of Section 35 of the Act - Section 35 of the Act permits anyone to do his business in his own name in a bona fide manner. In the instant case, it is not in dispute that the defendants are doing their business in their own name and their bona fides have not been dispute.....

  • 2014 (8) TMI 493 - DELHI HIGH COURT

    In Re : Kvtek Power Systems Private Limited

    Corporate Laws - Application for sanction to the Scheme of Amalgamation - Held that:- Official Liquidator has filed his report, wherein he has stated that he has not received any complaint against the proposed Scheme from any person/party interested in the Scheme in any manner and that the affairs of the Transferor Company, which is subject matter of dissolution, do not appear to have been conducted in a manner prejudicial to the interest of its members, creditors or to public interest as per the 2nd Proviso of .....

  • 2014 (8) TMI 464 - SUPREME COURT

    M/s. Ajeet Seeds Ltd. Versus K. Gopala Krishnaiah

    Corporate Laws - Proof of service of notice under Section 138 of the Negotiable Instruments Act, 1881 - cheque bounced - Whether in absence of any averments in the complaint to the effect that the accused had a role to play in the matter of non-receipt of legal notice; or that the accused deliberately avoided service of notice, the same could have been entertained keeping in view the decision of this Court in Vinod Shivappa [2006 (5) TMI 441 - SUPREME COURT] - Held that:- It is clear that Section 114 of the Evi.....

  • 2014 (10) TMI 527 - DELHI HIGH COURT

    Lalit Kumar Modi Versus Union of India And Others

    FEMA - Revocation of appellant's Passport - penalty on the appellant under Section 13 of FEMA for having contravened the provisions of Section 37 of FEMA read with Section 131(1) and 272A(1) of the Income-tax Act, 1961. - Held that:- officers under the Income-tax Act have the same powers as are vested in a court under the Code of Civil Procedure, 1908 to try a suit in respect of inter alia discovery and inspection, enforcing the attendance of any person, including any officer of a bank / company and ex.....

  • 2014 (10) TMI 436 - DELHI HIGH COURT

    Rajiv Chanana Versus Deputy Director Directorate of Enforcement

    FEMA - Attachment of property - Prevention of Money Laundering Act, 2002 - Held that:- One is hard pressed to imagine how a trial for an offence of money laundering can continue where the fundamental basis – the commission of a schedule offence – in this case offence under Section 307 IPC – has been found to be disproved - attachment of a property is liable to be vacated if the existence of a scheduled offence is negated. Clearly, attachment of proceeds of crime cannot continue if the alleged scheduled.....

  • 2014 (10) TMI 404 - DELHI HIGH COURT

    Rakesh Jain, Ravinder Jain, Som Chai Chai Srichawla Versus Union of India, Enforcement Directorate

    FEMA - Contravention of Sections 9 (1) (b), 9 (1) (c) and 9 (1) (d) read with Section 64 (2) of the Foreign Exchange Regulations Act, 1973 - Remission of amount from abroad - Held that:- ED itself is not clear whether the declaration made by Mr. Sri Chawla in Bangkok could be termed as a statement under Section 40 of FERA. It is not shown that the procedure envisaged under FERA was followed while recording the said declaration. In any event, Mr. Sri Chawla only talks of payment being made to two person.....

  • 2014 (10) TMI 367 - SUPREME COURT

    A. Tajudeen Versus Union of India

    FEMA - Violation of Section 9(1)(b) of the Foreign Exchange Regulation Act, 1973 - Confiscation of seized amount - Imposition of penalty - Appellate Board set aside confiscation and ordered refund of penalty whereas High Court upheld the same - Held that:- There is no doubt whatsoever, that no reliance has been placed on the alleged statement made by the appellant on 20.4.1989 before the officers of the Enforcement Directorate, in the memorandum dated 12.3.1990. Per se, therefore, it was not open to th.....

  • 2014 (8) TMI 607 - DELHI HIGH COURT

    Umesh K. Modi Versus Deputy Director of Enforcement

    FEMA - Contravention of Section 8 (3) read with Section 8 (4) and Section 68 of the Foreign Exchange Regulation Act, 1973 - Penalty upon Director of company - Appellant states that he was a part time, non-executive director of MXL but neither in-charge of nor responsible for the conduct of its day-to-day affairs. MXL commenced its business in the year 1983-84 and had been importing goods/raw materials for its business requirements. MXL was amalgamated with Xerox Modicorp Limited (“XML”) in the year 200.....

  • 2014 (7) TMI 727 - DELHI HIGH COURT

    Enforcement Directorate Versus American Express Bank & Others

    FEMA - Condonation of delay - delay of 179 days - it is submitted that, collective decision was required to be taken in the government departments at various levels, therefore, valuable time was consumed - Held that:- under Section 35 of FEMA, appeal against the decision or order of the Appellate Tribunal would lie before the High Court provided the appeal is filed within a period of 60 days, extendable by a further period not exceeding 60 days if the High Court is satisfied that sufficient cause preve.....

  • 2014 (6) TMI 577 - DELHI HIGH COURT

    SK. Jain Versus Union of India & Another

    FEMA - Hawala transactions - Partial explanation of payment made through hawala channels - During investigation appellant invoked right against self incrimination under Article 20(3) - Imposition of penalty - Held that:- Impugned AO of the SD, ED and the impugned order of the AT proceeded on the basis that the Appellant could not have validly invoked the right against self-incrimination under Article 20 (3) of the Constitution since he was not accused in any criminal proceeding initiated under FERA at .....

  • 2014 (5) TMI 863 - DELHI HIGH COURT

    Amrik Singh Saluja, Rajiv Gopalani Versus Union of India & Another, The Director of Enforcement, Enforcement Directorate

    FEMA - Contravention of Section 9 (1) (d) of Foreign Exchange Regulation Act, 1973 - Payment made on behalf of foreign national without prior approval of RBI - Held that:- There can be no doubt that a retracted statement under Section 40 FERA, cannot form the sole basis for determining whether the maker of such a statement is guilty of contravening any of the provisions of FERA. It shall have to be corroborated by other independent evidence. In determining whether such a retracted statement can be reli.....

  • 2014 (5) TMI 824 - DELHI HIGH COURT

    Negolice India Ltd. And Others Versus Director of Enforcement

    FEMA - Violation of Section 8 (1) of the Foreign Exchange Regulation Act, 1973 - allegation that appellant has exported the goods "only for availing export benefits" - levy of penalty - Held that:- From the inquiries purportedly made by CGI, Dubai, as reflected in the correspondence between it and the DRI, the consignment was probably not cleared by APL since there were legal problems regarding the copyright raised by the Dubai Customs. Interestingly, in the "brief investigation report", enclosed with .....

  • 2014 (5) TMI 784 - DELHI HIGH COURT

    Prem Singh, Rajender Singh, Tarlochan Singh Versus Special Director Enforcement Directorate

    FEMA - Contravention of Sections 8(1) and 8(2) of the Foreign Exchange Regulation Act’ 1973 - Penalty - recovery and seizure of Indian currency - No opportunity for cross examination granted - Held that:- there was miscarriage of justice in denying the request of the Appellants for cross-examination of the ED officials. Allowing the request would have enabled the SD to determine whether the claim that the confessional statements were recorded under threat and coercion was credible - Although the mere d.....

  • 2014 (11) TMI 386 - PUNJAB & HARYANA HIGH COURT

    Natha Singh Versus Presiding Officer, Industrial Tribunal-cum-Labour Court, Gurdaspur & others

    Misc - Termination of employment - Non issuance of SCN, enquiry or without making the payment of retrenchment compensation - violation of the terms of Section 25-F of the Industrial Disputes Act, 1947 - Appellant was appointed on contractual basis - There was no break in his service and inspite of a policy of regularisation dated 23.01.2001, which provided that persons having 3 years of service were entitled to be regularised - whether the petitioners were only contractual employees in view of the agre.....

  • 2014 (10) TMI 719 - ALLAHABAD HIGH COURT

    Triloki Prasad Sonkar Versus State of UP. Thru Excise Secy. Deptt. of Excise & 3 Others

    Misc - Cancellation of liquor license - Validity of order passed - Mandatory requirements not fulfilled - Held that:- section 48 clearly places an obligation upon the authorities prescribed therein to enter inspect any place in which any licensed manufacturer carries on the manufacture of or stores any intoxicant but such entry and inspection can only be made within the hours during which sale is permitted, and at any other time during which the same may be open, the authority has to record his reasons.....

  • 2014 (10) TMI 628 - SUPREME COURT OF INDIA

    Rishipal Singh Versus State of UP.

    Misc - Theft of signed cheques - Conspiracy with bank to withdraw money from Respondent's account - Quashing of proceedings under Sections 34, 379, 411, 417, 418, 420, 457, 458 and 477 IPC - Held that:- object of exercise of power under this section is to prevent abuse of process of Court and to secure ends of justice. There are no hard and fast rules that can be laid down for the exercise of the extraordinary jurisdiction, but exercising the same is an exception, but not a rule of law. It is no doubt .....

  • 2014 (10) TMI 589 - SUPREME COURT

    Oil & Natural Gas Corporation Ltd. Versus Western Geco international Ltd.

    Misc - Validity of award passed by Arbitral Tribunal - delay in the return of the vessel to the Corporation after upgradation. - Who is responsible for this delay is the essence of the dispute between the parties. - ‘Fundamental policy of Indian Law’ - Held that:- The Arbitrators have after examining the material placed before them recorded a finding to the effect that the delay between 10th July 2001 and 31st March 2001 was entirely attributable to the respondent. From the findings of the fact reco.....

  • 2014 (10) TMI 550 - SUPREME COURT

    M/s. Anand Brothers P. Ltd. Tr. MD. Versus Union of India & Others

    Misc - Validity of Arbitral award - High court set aside order holding that Arbitrator had not recorded his “findings” as required under Clause 70 of the General Conditions of Contract - Held that:- Clause 70 makes a clear distinction between findings on each individual item of dispute on the one hand and the sum, if any, awarded in regard to the same on the other. That the Arbitrator had made his award in regard to each item of dispute raised by the appellant before it, is evident from a reading of th.....

  • 2014 (10) TMI 528 - SUPREME COURT

    Madhya Pradesh State Legal Services Authority Versus Prateek Jain & Another

    Misc - Dishonour of cheque - Compounding of offence - scope of Lok Adalats - The appellant comes in picture only because the parties had approached the Mega Lok Adalat organised by the appellant. The reason for filing the present appeal is the apprehension of the appellant that if the settlement arrived at in the Lok Adalats are not accepted by the Courts, one of the essential function and duty of Legal Services Authority cast upon by the Legal Services Authorities Act, 1987 (hereinafter referred to as.....

  • 2014 (10) TMI 437 - SUPREME COURT

    State of West Bengal & Others Versus Associated Contractors

    Misc - Jurisdiction of Court - application under Section 34 of the Arbitration and Conciliation Act, 1996 - Held that:- There are a variety of reasons as to why the Supreme Court cannot possibly be considered to be “court” within the meaning of Section 2(1)(e) even if it retains seisin over the arbitral proceedings. Firstly, as noted above, the definition is exhaustive and recognizes only one of two possible courts that could be “court” for the purpose of Section 2(1)(e). Secondly, under the 1940 Act, .....

  • 2014 (10) TMI 366 - SUPREME COURT

    Vinay Kumar Shailendra, Times Business Solution Limited, M/s. KK. Ploycolor India Ltd. & Ors. Versus Delhi High Court Legal Services Committee And Another, Databyte, Global Trade Finance Ltd.

    Misc - Maintainability of appeal - Dishonour of cheque - Jurisdiction of courts - High Court directed return of all complaints filed under Section 138 of the Negotiable Instrument Act, 1881 in which the Metropolitan Magistrates in Delhi have taken cognizance only because the statutory notices in terms of proviso to Section 138 of the Act have been issued to the drawers of the cheque from Delhi - Held that:- The order passed by the High Court simply directs return of complaints in cases where the same h.....

  • 2014 (10) TMI 328 - SUPREME COURT OF INDIA

    Subrata Chattoraj Versus Union of India

    Misc - Ponzi schemes - Transfer of investigation from the State Agencies to the Central Bureau of Investigation (CBI) under the Delhi Special Police Establishment Act - major financial scam nicknamed 'Chit Fund Scam' affecting lakhs of depositors across several States - Held that:- no basis of the apprehension expressed by the State Governments. It is true that a lot can be said about the independence of CBI as a premier Investigating Agency but so long as there is nothing substantial affecting its .....

  • 2014 (10) TMI 231 - CENTRAL INFORMATION COMMISSION

    RK. JAIN Versus DIRECTORATE GENERAL OF VIGILANCE, CUS. & C. EX.

    Misc - Levy of penalty for delay in providing information under RTI Act - Held that:- Main contention of the appellant is that the information was provided to Shri Sharan in July, 2012 whereas the appellant was provided information on the same subject matter in June, 2013 - Commission is of the view that the CPIO has prima facie caused a delay of more than 100 days in providing information to the appellant. A separate show cause notice under Section 20(1) of the RTI Act would be issued to the CPIO aski.....

 
 

Jiva Seva is Shiva Seva :
Service to humanity is Service to God

May I be born again and again, and suffer thousands of miseries so that I may worship the only God that exists, the only God I believe in, the sum total of all souls—and above all, my God the wicked, my God the miserable, my God the poor of all races, of all species, is the special object of my worship.

- Swami Vivekananda, CW, 5:137
 
 
 
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