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Case Laws
Showing 61 to 80 of 167 Records
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1983 (5) TMI 197
Company capable of being registered ... ... ... ... ..... lause (b) in the Act. Be that as it may, at any rate, the law does not envisage the registration of a foreign company as a company under the Act. A foreign company, a company incorporated outside India, retains its identity as such throughout. It cannot alter its identity and become a company as denned in the Act though certain provisions of the Act, as already stated, do apply to foreign companies also. The recommendations of the Sachar Committee, to which reference has been made above at page 7, touch different aspects of the matter and have been made in a different context while dealing with the provisions in the Companies Act relating to existing companies. That recommendation does not deal with foreign companies. The view taken by the respondent at annexure-C is correct. In the circumstances and for the reasons aforesaid, the petitioner company is not entitled to any of the reliefs sought for. Therefore, the petition is dismissed and the rule issued discharged. No costs.
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1983 (5) TMI 196
Circumstances in which a company may be wound up, Winding up - Company when deemed unable to pay its debts
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1983 (5) TMI 180
Oppression of mismanagement – Powers of Government of prevent ... ... ... ... ..... easons for the reappointment of the directors have been recorded by the secretary of the Company Law Board and not by the Board itself. We are not in a position to accept this contention. The bald assertion of the petitioner is denied by the respondents. A perusal of the reasons shows that the same have been recorded by the Board. No fact or circumstances has been brought to our notice which could persuade us to hold otherwise. For the aforesaid reasons, the writ petition is dismissed with costs. Counsel s fee Rs. 500. ORDER ON ORAL APPLN. FOR CERTIFICATE TO APPEAL TO THE SUPREME COURT After we pronounced the judgment, Mr. Salve makes a prayer for grant of a certificate to appeal to the Supreme Court under article 134A of the Constitution. He contends that the provisions have been construed for the first time. We do not think the contention is correct. In any case, we feel it is not a case which needs to be decided by the Supreme Court. We, therefore, decline the certificate.
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1983 (5) TMI 179
Oppression and mismanagement –Power of Tribunal on application under sections 397 and 398, Winding up - Appeals from orders
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1983 (5) TMI 178
Payment for exported goods ... ... ... ... ..... had not the effect of securing that the foreign exchange ceased in part to be recoverable by them. Agreeing to accept the proposal of the buyer and thus realising more than 95 of the value of the consignment and that too with the prior approval of the Reserve Bank of India, though accorded without prejudice to the action, if any, that may be taken against the appellants, in my view had not the effect of securing short realisation of a part of the foreign exchange. Their action, I feel on the other hand, had the effect of saving much of the foreign exchange which was required to be spent for getting the dispute settled by arbitration. In such circumstances, the ingredients of sections 10(1) and 12(2) of the Act, on the facts found by the learned Member, have not been made out. Consequently, it cannot be said that the appellants contravened any of the said provisions. I, therefore, accept the appeals and set aside the impugned order. Fine paid by the company would be refunded.
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1983 (5) TMI 157
Advertisement of petition ... ... ... ... ..... satisfaction of the court that the company is unable to pay its debts . In the facts and circumstances, I am inclined to accept the contentions of the petitioner. The petition at this stage and on the facts has to be admitted and advertisements issued. It is also necessary to appoint a provisional liquidator to ascertain if there was any asset of the company in India. In the event it is found that the company has no assets whatsoever in India then final order of winding-up may not be passed, because the court will not exercise its powers in a jurisdiction which would be futile. In any event, the creditor of the company for the purpose of taxes should ascertain the loss suffered or profits caused by them. The petition is admitted. There will be direction for publication of advertisements once in Statesman and once in Jugantar. Publication in Calcutta Gazette is dispensed with. The advertisement will not be published for one week. The application is returnable four weeks hence.
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1983 (5) TMI 148
Share capital - Further issue of, Powers of Court to rectify register of members ... ... ... ... ..... us position to which the defendants would be reduced if the allotment of shares is cancelled. For the reasons mentioned above, it is clear that the issue of shares to the financial institutions is quite legal and proper and, consequently, the plaintiffs suit deserves to be dismissed. Hence, we pass the following order Appeals Nos. 390, 391, 392 and 393 of 1982, are allowed with costs. The cross-objections are dismissed. The decree passed by the learned single judge in Suit No. 1108 of 1981, is set aside and that suit is dismissed with costs. Costs payable to defendant No. 8, both in the trial court and in the appeal court, to be determined in accordance with the rules, for two counsel. So far as the financial institutions are concerned, we quantify the total costs of Rs. 20,000 separately for the suit and for all the appeals. Leave to appeal to Supreme Court prayed for by Mr. Cooper rejected. Status quo as prior to the judgment till today to continue till the 25th June, 1983.
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1983 (5) TMI 140
Remission of duty ... ... ... ... ..... Appellate Collector as well as the Asstt. Collector and Deputy Collector and remand the cases back to the Deputy Collector/Asstt. Collector for fresh determination of duty payable in respect of the losses. They shall for the purposes of determination of losses, find out the stock on the last date of the month which has to be determined by ascertaining the quantities originally present in the tanks, quantities received, quantities cleared and the closing stock. After so determining the loss, it should be worked out as a percentage of the quantity on the whole taken in during the month. If the percentage is within the permissible limit or within the limit which the Asstt. Collector or the Dy. Collector considers as permissible in the circumstances of the case, that should be written off. If on the other hand, the loss is more than the permissible limit which they consider as permissible, in the circumstances of the case, duty should be collected on the excess after due process.
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1983 (5) TMI 139
Demand - Time limit ... ... ... ... ..... d. Since the requirement to pay duty has not arisen in these cases, it is wrong to seek recourse to Rule 10 read with Rules 156-A and 156-B of the Central Excise Rules, 1944 and argue that the demands are time-barred under Rule 10. We are therefore, not able to see any force in the pleas put forth by the appellants. It is seen that the bond executed under Rule 153 has to continue and cannot be discharged unless the goods are accounted for and the full duty on any deficiency in goods not accounted for is paid. The provisions of sub-rule (3) of Rule 153 are mandatory for the levy of duty. In this view the time limit under Rule 10 as then in existence cannot apply to the cases under appeal. For these reasons, we find that the arguments of the appellants are not tenable. The demands for duty have been correctly made. In this point of view the orders of the lower authorities are proper and we have no reasons to interfere with the same. Accordingly, we dismiss all the four appeals.
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1983 (5) TMI 138
Rebate of duty - Condonation of procedural lapses ... ... ... ... ..... PP has been enacted much subsequently and for a special purpose, it is legitimate to assume that the discretion vested in the Collector under Rule 12 would also apply to cases covered under Rule 173PP. In this view we find that the Collector rsquo s order is quite fair and equitous. We would loathe to set aside such a just order merely on the grounds of technicalities. In this view we find that we have no reasons to interfere with the order passed by the Collector of Central Excise (Appeals). Accordingly, we dismiss the appeal filed by the Deputy Collector of Central Excise, Bombay-I. 4. We have also examined the arguments in the cross-objection filed by M/s. T.I. Cycles of India. The cross-objection is nothing but a reiteration in support of the order passed by the Collector of Central Excise (Appeals) and maintenance of the same. This is not the correct purpose in filing the cross-objection. The cross-objection is therefore not tenable and the same is dismissed accordingly.
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1983 (5) TMI 137
classification list not sustainable ... ... ... ... ..... that no classification list was necessary and the Department did not prove that the Appellant cleared goods which were not covered by exemption Notification Nos. 57/72 and 70/72. 4. The Senior Departmental Representative, Shri K.D. Tayal, submitted that the aspect of time bar is a new ground raised and the Appellant had to submit a classification list to obtain exemption even when a Notification was there. He opposed the arguments of the Appellant. 5. We have considered the submissions made by both sides. On going through the Order-in-Original and the Appellate Order, we did not see any evidence by way of investigation, statements or other documentary material to support the allegation that what the Appellant cleared was not the same as mentioned in the gate passes and that these goods were not covered by the exemption notifications. There is no material on which the demand for duty can be sustained in these circumstances. Taking note of all these facts, we allow the appeal.
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1983 (5) TMI 136
CLASSIFICATION ... ... ... ... ..... etic tanning agents rdquo , whereas the Tariff Item refers to ldquo Synthetic tanning substances rdquo , which expression could have a wider scope. The second reference, in the publication ldquo Leather Auxillaries and Chemicals rdquo , actually supports the case of the appellants, first by including ldquo syntans rdquo under the heading ldquo synthetic tanning agents rdquo , and secondly by describing them as ldquo synthetic agents rdquo , used in combination with other tanning agents. The use of the word ldquo other rdquo indicates that syntans are also regarded as tanning agents. 13. For all these reasons, we consider that the decision of the lower authorities in these cases is not sustainable, and the goods in question deserve to be classified under Item 13 of the (old) Customs Tariff Schedule. We accordingly set aside all the four Orders-in-Appeal and direct that the goods in each case be re-classified under Item 13, ibid and consequential relief given to the appellants.
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1983 (5) TMI 131
Rubber products ... ... ... ... ..... al shape and more than two such layers are then assembled and pressed and a layer of rubber stock is applied at the base. The final product is cured and it is in oval shape and the edges are also shaped. Having regard to the process of manufacture, as stated by the appellants, which has not been disputed by the Department, these products would be more appropriately classifiable under Item 68 of the CET Schedule. 7. emsp In the result, we hold that the classification made by the lower authorities of Cord Repair Fabric under Item No. 16A(2) is correct the appeal against this classification is rejected. Insofar as Criss-Cross Patches and Pre-shaped Cord Fabrics are concerned, we hold that the correct classification is under Item No. 68 CET. These should he re-assessed to duty on this basis. The consequential relief should be granted to the appellants by the excise authorities within two months from the date of communication of this order. 8.The appeal is disposed of accordingly.
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1983 (5) TMI 130
Refund - Fertilizers and chemicals ... ... ... ... ..... ensp The appellants claim deserves to be allowed for two reasons firstly, because before the limitation expired they had stated that they are making payment under protest and registering their claim for refund and secondly, to such a payment in view of the two judgments referred to above and the facts and circumstances obtaining in the case in particular the enunciation contained in Andhra Pradesh High Court rsquo s judgment, the claim would not be hit by the time limit in Rule 11 read with Rule 173J of the Central Excise Rules. 13. ensp From the perusal of the Appellate Collector of Central Excise rsquo s orders, it is seen that he rejected the appellants claim only on ground of limitation, the order passed by the Appellate Collector of Central Excise is, therefore, set aside and the appeal allowed. The Department is directed to make consequential refund to the appellants within 2 months of the communication of this order after verifying the correctness of the refund amount.
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1983 (5) TMI 123
Wastage allowance ... ... ... ... ..... of oil is apt to get mixed with another type. The survey report confirms these facts as there have been excesses in some cases, and shortages in the others. The survey was carried out in the presence of the Customs Officers. It has been taken as the basis of accounting for the discharge of oil for the purposes of Section 116. In these circumstances we see no objection why the accounting should be done on the basis of each grade of oil instead of on the total quantities of all the. grades manifested. We find that the request of the appellants to do so is quite legitimate. Accordingly, we concede that request and in that analysis we observe that the loss is well within the 1 allowance given by the Customs Authorities. Therefore, there is no justification for the levy of penalty. Accordingly, we set aside the orders of the Deputy Collector and the Appellate Collector and direct that the amount of penalty of Rs. 27,211.35 be refunded to the appellants. The appeal is thus allowed.
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1983 (5) TMI 122
Classification of goods ... ... ... ... ..... careful consideration of the matter, we find that the import invoice described the goods as Stainless Steel Sheets. The appellants declared the goods also as Stainless Steel Sheets in the relevant Bill of Entry. According to the ISI specifications, the goods were sheets and not plates as their thickness was below 5 mm. The C.B.R. ruling referred to by the appellants had no statutory force. In the absence of a definition in the Act or the Tariff or the notification itself, the definitions and specifications as laid down by the ISI ought to be relied upon as representing the general understanding of the trade and the industry. Since the goods were not plates as per the foreign supplier rsquo s invoice and as per the appellants rsquo own declaration in the import documents and since they were not plates according to the ISI specifications either, they cannot be classified as plates for the purpose of the benefit of Notification No. 44/71-Cus. Accordingly, we reject this appeal.
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1983 (5) TMI 121
Watch dial feet imported for use in fitment to dial disc of watches being a sub-assembly of watch is also a part of watch
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1983 (5) TMI 120
Refund of duty admissible on return of duty paid goods ... ... ... ... ..... for purposes of manufacture it refers to ldquo return rdquo of goods on which duty of excise has been paid. The word lsquo return rsquo carries with it an implied sense of taking back to the person from whom goods were originally obtained. Much was said about the provisions in the rule authorising return of the goods to the same factory from which it was cleared or to another factory. Quite apart from the location to which goods are returned, there is also an element of ownership. The return has necessarily to be to or on account of the person from whom the goods were originally obtained. In this sense, we agree that a case of purchase for value of starch from M/s. Laxmi Starch Ltd., Hyderabad, would not constitute ldquo return rdquo of the goods in terms of Rule 173-L. 4. In view of this finding we do not go into other factors raised in the order, such as non-compliance with other provisions of Rule 173-L, for purposes of disposal of this appeal. 5. The appeal is dismissed.
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1983 (5) TMI 119
... ...
... ... ..... e. Any claim on account of shortages in that package will not be allowable in terms of Section 13 of the Act. In respect of package No. 1761, he states that the packing list which was produced may not be acceptable as correct the total number of units in all the four packages as indicated in the packing list is 11,700 whereas the invoice shows that quantity as 11,400. A closer examination of the documents show that the invoice is in respect of two packages each. The total number of units in respect of package Nos. 1761 and 1762 tallies with the quantum given in the invoice and the packing list. So, one could reasonably assume that the packing list is an acceptable document in respect of package No. 1761. The shortage in package No. 1761 was discovered before an order for warehousing was passed by the proper officer. We, therefore, allow the appeal in part and order that duty relatable to a shortage of 2,310 units as discovered in package No. 1761 be refunded to the appellant.
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1983 (5) TMI 118
Imports under OGL ... ... ... ... ..... istration of a contract in the absence of a certificate for registration as an industrial unit from the appropriate authority, he argues, the registration itself is of doubtful validity. 6. emsp The requirements of the O.G.L. are clear. The importer has to register the contract with the Textile Commissioner prior to importation and at the time of clearance, he should produce a certificate from the appropriate authority that his is an industrial unit. Paragraph 19 of Appendix 10, as it is worded, cannot, we consider, be stretched to mean that the importer should have a certificate of registration as an industrial unit at the time either of application to the Textile Commissioner for registration of contract or when the goods were shipped. In this view, we find that the importation is covered by O.G.L. Accordingly, we allow the appeal and set aside the order of confiscation passed by the Collector. The fine in lieu of confiscation already paid will be refunded to the appellant.
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