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Case Laws
Showing 41 to 60 of 224 Records
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1991 (12) TMI 254
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... ... ..... all necessary items. The poor labourer, for whose benefit the exemption was found to be granted, would either have to pay sales tax if he bought footwear at one of these shops or travel miles to find a dealer dealing exclusively in rubber or plastic footwear. The presence of the word exclusively defeated the purpose of the notification and seemed to have no nexus with it, especially since a similar notification issued subsequently under the same Act contained no such restriction. We are not dealing with writ petitions in which the assessees seek to have the word total in the notifications quashed, nor have we before us a similar notification issued under the same Act which does not contain the word total . It is difficult to see what bearing this judgment can have upon the case before us. In the result, the appeals are allowed, the orders under appeal, are set aside. The writ petitions of the assessees are dismissed. There shall be no order as to costs. Writ appeals allowed.
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1991 (12) TMI 253
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... ... ..... be a sale and the seller is entitled to all the benefits granted to him under the provisions of the said Act and the Central Sales Tax Act. 18.. In a recent Full Bench decision in C.W.J.C. No. 802 of 1990(R) and other analogous cases, one of us (S.B. Sinha, J.) has held as follows By reason of legal fiction created in terms of clause (29-A) of article 366 of the Constitution of India, a works contractor becomes a dealer within the meaning of the said Act, he in my opinion, would also be entitled to have all the privileges conferred thereunder. 19.. The views which we have taken also finds support from the decision of the Andhra Pradesh High Court in Unitech Ltd. s case 1991 83 STC 207. 20.. For the reasons aforementioned, this writ application must be allowed and the impugned orders, as contained in annexures 4 and 6 of the writ application are, therefore, quashed. However, in the facts and circumstances of the case, there will be no order as to costs. Writ petition allowed.
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1991 (12) TMI 252
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... ... ..... g Officer that the sale was completed at Amravati, the moment the railway receipt was endorsed to the Bombay adatia . This appears to me rather on over-simplification. But I have no doubt that the contract of sale with Narsi Mulji and Company of Bombay must have taken place, while the goods were still in this province. In the absence of such a contract, which has to be inferred owing to the failure of the parties to produce the correspondence between the Gondia firm and the consignees of the goods at Bombay, it is impossible to believe that the Gondia firm would send such precise instructions to the applicant as have been referred to earlier. The des- patches, therefore, constitute a sale within the meaning of Explanation (II) to Section 2(g). 6. For the reasons given above, I hold that the case has been rightly decided by the learned Sales Tax Commissioner, and, therefore dismiss this application. Application dismissed. (1) Reported at page 107 supra. (2) 1951 2 S.T.C. 111.
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1991 (12) TMI 251
Classification ... ... ... ... ..... o the manufacture of tyres and the benefit of Notification No. 217/86 was admissible. In view of this, Shri A.B. Verma, Manager. Administration, submitted that, he is not pressing the relief under Notification No. 50/67 as the respondents are getting the maximum benefit under the aforesaid Notification No. 217/86. After perusing the said order we find that the respondents are entitled for the benefit of Notification No. 217/86, dated 2-4-1986 for the reasons mentioned in the aforesaid Order No. 521/90-C, dated 24-5-1990. 4. emsp Needless to say that, the respondents have also filed the Cross-objections claiming the benefit of the said Notification. 5. emsp In the result, the appeal is partly allowed and it is held that the subject goods are classifiable under Heading 40.17 and the respondents are entitled for the benefit of Notification No. 217/86, dated 2-4-1986. The respondents be granted the consequential relief, if any. Cross-objections also stand disposed of accordingly.
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1991 (12) TMI 250
SSI Exemption - Value of clearances - Clubbing of ... ... ... ... ..... by way of statements by the workers or any evidence from which an inference could be drawn that in fact the manufacturing activity of the job required for the electric motors was not taking place in one of the two units as held by the learned lower authority, the charge cannot be held to have been brought home beyond reasonable doubt. There is no statement on record to show that no motors at all were manufactured at M/s. Lakme Engineers premises. The learned lower authority has taken note of the fact that there was no machinery for testing of the motors at M/s. Lakme Engineers but no fact has been elicited from anybody as to where the motors at Lakme Engineers were being tested. There is also no finding that as a part of the practice of the industry each unit must have its own motor testing facility. In view of the above, therefore, I hold that benefit of doubt has to be given to the appellants and for that reason the learned lower authority rsquo s order has to be set aside.
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1991 (12) TMI 249
Winding up - Powers of liquidator, Exclusion of certain time in computing periods of limitation, Power of court to assess damages against delinquent, directors, etc.
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1991 (12) TMI 248
Memorandum of association – Act to override, Winding up – Circumstances in which a company may be wound up
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1991 (12) TMI 247
Alteration of memorandum, Amalgamation, Compromise or arrangement ... ... ... ... ..... malgamation and the official liquidator has also reported that there is no objection from his side in the case of the two transferor companies. On the merits of the scheme, there is no ground shown as to why the sanction of the proposed scheme of amalgamation should not be granted. The scheme appears to be a fair one. It makes detailed provision for protection of the interest of the creditors, shareholders and also of the staff and workmen of the two transferor companies. I discern no conceivable objection which would stand in the way of the scheme being sanctioned. The petitions, therefore, deserve to be allowed. In the result Company Petition No. 428 of 1991 is made absolute in terms of prayer ( a). Company Petition No. 515 of 1991 is made absolute in terms of prayers ( a) to (1). Company Petition No. 516 of 1991 is made absolute in terms of prayers ( a) to (1). Costs of the Company Law Board fixed at Rs. 500 in each of these three petitions. Certified copy to be expedited.
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1991 (12) TMI 246
Directors – Power of, Inter-corporate investment, Short title extent and application ... ... ... ... ..... 147/148 of the High Court of Judicature at Bombay (Original Side) Rules, 1980, to take out a notice of motion in terms of draft handed in. Upon the plaintiffs undertaking, through counsel, to pay to the first defendants such sum by way of damages as the court may award as compensation for loss or prejudice sustained, in the event of the plaintiffs failing in the suit mdash (a)Ad interim order in terms of prayer (b) in the draft notice of motion. (b)Pending the hearing and disposal of the notice of motion, the first defendants, by themselves or through their servants and agents, are restrained from doing anything or taking any steps which would be contrary to or inconsistent with the fulfilment of their obligations under the agreement dated July 31, 1991, and prejudicial to the rights of the plaintiffs thereunder. Leave to amend the plaint. The amendment to be carried out during the course of the day. Motion made returnable on January 13, 1992. Certified copy to be expedited.
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1991 (12) TMI 225
Oppression and mismanagement ... ... ... ... ..... to section 406 read with sections 539 to 544 of the Act, so that the second respondent may be surcharged and the company compensated for the loss sustained by the acts and omissions of the second respondent (d)the petitioners will engage a chartered accountant to go into the accounts and affairs of the company, during the management of the respondents to assess the damages sustained by the company, by reason of the wrongful acts of the second respondent and the petitioners are permitted to take appropriate proceedings against the second respondent by way of surcharge proceedings as mentioned above and also move this court for any directions (e)the petitioners as administrators shall convene one or more general meetings of the company, after complying with the above directions for appointment of a new board of directors to take charge of the affairs of the company and to vest with the management of such board, (f)this company petition is allowed with costs of the petitioners.
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1991 (12) TMI 224
Winding up – Power of court to assess damages against delinquent, directors, etc. ... ... ... ... ..... quidator. The liquidator should have given some account of the enquiries made by her. She, however, has given no such account. This, however, in our opinion, is not fatal to the substitution for the reason (i) that there is no abatement involved, and (ii) counsel for the deceased respondent also owed a duty which he failed to discharge in the instant case. For the reasons aforesaid, we do not find any merit in the appeals. The appeals are accordingly dismissed. There shall, however, be no order as to costs. Hearing fee for counsel for the liquidator is fixed at Rs, 1,500. Before we part with this judgment, we must state that while a proceeding after the order of winding up may be in the nature of a proceeding in execution, the liability of the deceased director i and yet to be determined. The rules that apply in such circumstances are stated in the judgment of the Supreme Court in Official Liquidator, Supreme Bank Ltd, v. P. A. Tendolhar 1973 43 Comp Cas 382 AIR 1973 SC 1104.
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1991 (12) TMI 223
Charges – Registration of, Winding up – Avoidance of voluntary transfer ... ... ... ... ..... in our opinion, have rendered the judgment of the trial court unsustainable. For the above reasons, we are inclined to interfere with the judgment, but have decided not to enter into the facts ourselves but remit the case to the trial court for fresh hearing lest the parties are denied their right of appeal on the facts. In the result, the appeals are allowed. The impugned orders dated September 14, 1984, in Company Applications Nos. 1710 of 1979, 1414 of 1981 and 772 of 1983, in C. P. No. 8 of 1972, are set aside. The case is remitted to the trial court for rehearing and disposal in accordance with law. On the facts of this case, however, there shall be no order as to costs. In the instant case, since we have received valuable assistance from learned counsel appearing for the official liquidator as well as learned senior counsel appearing for the appellants, we are inclined to order for a consolidated hearing fee of Rs. 5,000 in favour of counsel for the official liquidator.
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1991 (12) TMI 205
Shares capital – Reduction of, Reduction of share capital – Application to Tribunal for confirming order, objections by creditors, and settlement of list of objecting creditors
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1991 (12) TMI 198
Project Import - Registration of contract applied for by importer before clearance of goods ... ... ... ... ..... ence on record whether the value declared is for 2 heaters or 4 heaters. We are extending the benefit of project import in the present matter keeping in view the peculiar facts and circumstances of the case. On the point of valuation, we would like to observe that the value was declared for 2 heaters, whereas the appellants had imported 4 heaters. There appears to be absence of element of mens rea. From the facts and circumstances of the case, we are of the view that there is no justification as to the levy of penalty, but the appellants have to pay the duty at appropriate rate on the value of the 4 heaters which has not been declared. There is no sufficient material available on record to enable us to give our findings on value. Adjudicating authority to find out value after giving an opportunity of personal hearing. We are allowing relief in view of the peculiar facts of the case and this will not be a precedent for other cases. The appeal is disposed of in the above terms.
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1991 (12) TMI 189
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... ... ..... respondents have paid duty in 1977, when they were called upon by the Deptt. to deposit the duty payable at the blended wool top stage, they are not entitled to the relief. It is true that the respondents paid the duty when called upon, however, imme shy diately within the period of limitation they have filed the claim for refund of duty. Therefore, they were, throughout, maintaining that the duty was not payable at the blended wool top stage, but only at the pure wool top stage. Therefore, the fact that they have paid duty in 1977 does not in any way affect their right to claim the benefit of the order of this Tribunal in British India Corporation. 13. emsp Shri Asthana contended that the show cause notice is barred by limitation. In the light of the views, which were taken, it is not necessary to consider this argument. Secondly, this argument was not raised before the lower authorities. Therefore, we do not consider this arguments. In the result, the appeals are dismissed.
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1991 (12) TMI 185
Natural justice - Valuation ... ... ... ... ..... e 4 it has to be determined by proceeding sequentially through Rule 5 to 8. Hence before proceeding to determine the value of the goods under Rule 8 the adjudicating authority ought to have given a finding as to why the price actually paid for the goods could not be deemed as the transaction value rsquo under Rule, 4 and similarly while proceeding sequentially he should have given reasons as to why the value was not determinable under any of Rules, from 5 to 7. Under these circumstances we are of the view that the order appealed against cannot be deemed as a Speaking order rsquo . 10. emsp In view of the above findings we set aside the impugned order and remand the case to the Collector for de novo adjudication in accordance with law and having regard to the observations made by us in this order. Since the goods are under detention, we would appreciate if the case is adjudicated within one month of the date of this order. 11. emsp The appeal is disposed of in the above terms.
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1991 (12) TMI 184
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... ... ..... Mrs. Archana Wadhwa appeared before this Bench on 14-12-1994 and argued Stay Application No. E/513/94-B1 in Appeal No. E/876/94-B1 in the case of M/s. Aarti Steels Ltd. v. Collector of Central Excise, Chandigarh. She also appeared in another matter M/s. Bhushan Metallic Ltd. v. Collector of Central Excise, Chandigarh in E/Stay /638/94-B in Appeal No. E/831/94-B. He requested for the dismissal of the stay application for want of default in appearance. 3. Considered. The Court Master confirmed the appearance of the said Advocate on 14-12-1994 as per Court Diary. Under these circumstances, we do not find any justification for acceding to the request for adjournment. Consequently we reject the same. Accordingly the stay application is dismissed for default in appearance. 4. emsp In view of the above, the notice be issued to the appellants to show cause as to why the appeal be not dismissed in terms of Section 35F of the Central Excises and Salt Act, 1944. To come up on 17-1-995.
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1991 (12) TMI 183
Demand - Limitation ... ... ... ... ..... t-levy or non-levy the drift is quite clear. It is clearly not meant to pose and answer a question in the abstract were printed cartons manufactured by R.M.D.C. liable to pay duty under Item 68 CET or were they eligible for exemption in terms of Notification 55/75? The object of the issue of notice was, if ultimately the proceedings led to the conclusion that the goods were liable to pay duty, to set aside the order of the Appellate Collector extending the benefit of exemption lsquo with consequential relief, if any. This judgment of the Tribunal also noticed and discussed the judgment of Allahabad High Court in Triveni Sheet Glass Works in Para 19 of the said Report. Since the present impugned order passed by the Appellate Collector of Central Excise, Calcutta also gives relief to the respondents lsquo with consequential relief rsquo , the judgment of the Tribunal in RMDC would apply with full force. Hence the appeal is dismissed with consequential relief to the respondents.
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1991 (12) TMI 182
Waste and scrap ... ... ... ... ..... my has to borne in mind, i.e., (1) the inputs and (2) finished goods. Finished excisable goods contemplated in the proviso is the finished goods into which inputs have gone. It does not contemplate intermediary goods as finished goods. The credit of duty paid on the inputs is given for payment of duty on the finished excisable goods. Inputs have gone into the finished excisable goods and not only into the intermediary goods. Correlation is between the finished goods into which inputs have gone and the inputs. Co-relation is not between the intermediary goods and the duty paid inputs. 3. emsp This advice of the Attorney General of India has been accepted by the Ministry. This advice has also been furnished to the PAC and the C. and A.G.A. The cases, if any, ending in your Collectorate may be decided on the basis of this advice. 8. emsp In view of our foregoing conclusion, we set aside the impugned order and, accordingly, these two appeals are allowed with consequential relief.
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1991 (12) TMI 181
Remission of duty to goods required for industrial purposes ... ... ... ... ..... which permission is sought are all defective or damaged goods. Even the authorities below have not doubted that claim, and have merely rejected the permission, as they were not declared as such ldquo on receipt rdquo . As mentioned earlier, if they felt the goods to have been damaged during manufacturing process, permission ought to have been granted vide Rule 195. 7. The appellants have brought on record the evidence that in the earlier proceedings, the same issue was raised, and ultimately the department had, under the direction from Collector (Appeals), to refund the duty charged. There is no denial to this fact from the Department. 8. When the provisions of Rule 195 and Rule 196B are clear, denial of permission, and demand of duty do not appear justified and the direction to that effect cannot be sustained and are set aside. 9. In the result, the appeal is allowed. Impugned order is set aside. The appellants be permitted to destroy the goods without charging of the duty.
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