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Case Laws
Showing 81 to 100 of 458 Records
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2000 (2) TMI 799 - KERALA HIGH COURT
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... ... ..... as registered beyond 1989-90. The burden cast on the assessee who claims exemption has not been discharged to prove that purchase was from a registered dealer. It is not a case of retrospective cancellation, as contended by the assessee. In fact, section 14(5) of the Act provides that a certificate issued is valid for one year and is required to be renewed from year to year and on renewal continues to be valid. In other words, renewal being an annual feature, it has to be established by the assessee claiming exemption that during the point of time the transaction took place, the seller was a registered dealer. On the facts we find that same had not been established. Reference to the Certificate of Registration (page 171 of assessment records, as observed by Tribunal) does not show any renewal for the year in question, i.e., 1992-93. Its conclusions, therefore, are not in order. The assessee was not entitled to the exemption. Revision application is allowed. Petition allowed.
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2000 (2) TMI 798 - ANDHRA PRADESH HIGH COURT
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... ... ..... ority would be futile or ineffective for the reason that the petitioner will not be able to obtain the refund in view of what is ordained by section 33-BB. This is another reason why we refrain from deciding the question whether the appellate authority should have the power to condone the delay of any length. Thirdly, the appellate authority which is a creature of the statute cannot ignore entry 158(a) nor can it hold that on the analogy of the decision in Anand Commercial Agencies case 1997 107 STC 586 (SC), entry 158(a) is also unconstitutional. In other words, the appellate authority cannot grant any relief so long as entry 158(a) is on the statute book. The condonation or noncondonation of delay would not, therefore, make any difference. 8.. For the above reasons, we dismiss the writ petition while refraining from expressing any view on the validity of the impugned amendment made to Andhra Pradesh General Sales Tax Act by Act 8 of 1997. No costs. Writ petition dismissed.
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2000 (2) TMI 797 - RAJASTHAN HIGH COURT
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... ... ..... gard to the rate of tax applicable in the instant case on the disputed turnover. The matter was remanded only on the ground that the provisional assessment order was a non-speaking order. In such circumstances, it cannot be said that the regular assessment order was founded on the findings recorded by the Deputy Commissioner (Appeals) which binds the assessing officer affecting his independent conclusions in the course of regular assessment proceedings. In these circumstances, when regular assessment order has come into existence, there is no need to examine the validity of provisional assessment order dated December 19, 1990 passed by the assessing officer, which was set aside and which otherwise would have been subjected to regular assessment. The parties shall be governed by the outcome of regular assessment proceedings. 6.. In this view of the matter, I find no force in this revision petition and the same is hereby dismissed with no order as to costs. Petition dismissed.
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2000 (2) TMI 796 - ORISSA HIGH COURT
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... ... ..... interest and claim of interest is totally misconceived in view of the third proviso to rule 36. This point is an after-thought of the opposite parties inasmuch as the total amount paid by the petitioner has been given credit and such payments have been adjusted at the time of assessment and the said credit given by the STO has not been revised by any higher authority. Therefore, the petitioner is entitled to interest on the refund amount at the rate of 18 per cent per annum after 90 days from April 5, 1986 for a period of ninety days and thereafter at the rate of 24 per cent till refund was granted to it. 8. In the result, we allow the writ petition and direct the STO, opposite party No. 1, to grant interest on the refund amount at the rates mentioned in the foregoing paragraph within a period of two months from the date of communication of this order. We also award cost which we assess at Rs. 500 (rupees five hundred only). CH. P.K. MISRA, J.-I agree. Writ petition allowed.
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2000 (2) TMI 795 - RAJASTHAN HIGH COURT
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... ... ..... the conclusion arrived at by the Divisional Commissioner (Appeals), which has been affirmed by the Tribunal. The taxable event is sale. No property in goods passed until April 10, 1985 when the buyer retired the documents from the bank after giving payment. Thus, sale to the buyer could be said to have taken place earliest only on April 10, 1985 when he acquired right to secure the goods, on which date the buyer was a registered dealer, who could buy goods against C forms. C forms have also been submitted after the firm got registered. In these circumstances, sale in question could not be held to be a sale to unregistered dealer so as to attract the provisions of section 8(2) of the Central Sales Tax Act, 1956. Hence, the impugned order dated October 28, 1994 passed by the Tribunal does not call for any interference in this revision petition. 7. In the result, I find no force in this revision petition and it is hereby dismissed with no order as to costs. Petition dismissed.
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2000 (2) TMI 794 - ALLAHABAD HIGH COURT
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... ... ..... ion 14 of the Central Sales Tax Act declares paddy and rice as declared goods but it does not declare rice bran as declared goods. The first condition for availing exemption under section 4-B(1)(a-1) is, therefore, not satisfied. 13.. Sri Pandey has rightly pointed out that in the instant case, the second condition that there should be a notification issued by the State Government granting benefit of exemption is also not satisfied. Notification dated February 28, 1994 being Notification No. ST-II-60/XI-9(60)/92, U.P. Act 15/48, Order 94 which is effective from September 1, 1987 is in respect of paddy and not in respect of rice bran. Therefore, the second condition is also not satisfied. The division Bench decision relied upon by the Tribunal does not apply to the facts of the present case. 14.. In view of the discussions made above, the revision is allowed. Order passed by the Tribunal is set aside and that of the Deputy Commissioner (Appeals) is restored. Petition allowed.
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2000 (2) TMI 793 - SUPREME COURT
Appellant was convicted under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for possession of five small plastic packets of brown sugar
Held that:- Whether in the absence of any corresponding entry in any of the police records it is difficult for us to believe, the mere oral vibration made by P.W. 1 that he asked the appellant whether he should require the search to be conducted in the presence of any one of the above officers and that the appellant politely declined the offer.
We are of the considered view that in the light of his non-compliance with the provisions of Section 42(1) and (2) of the Act besides non-compliance with the requirement in Section 50 of the Act it is difficult to sustain the conviction and sentence of the appellant. The graver the consequences the greater must be the circumspection, to be adopted. We take into account that the appellant otherwise will have to be subjected to a longer period of sentence as Section 31 of the Act was also invoked in the present situation for adopting such greater circumspection for scrutinising the evidence.
In the result, we allow this appeal and set aside the conviction and sentence passed on the appellant as per the impugned judgment.
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2000 (2) TMI 792 - SUPREME COURT
Whether the period of detention is a fixed period running from the date specified in the detention order and ending with the expiry of that period or the period is automatically extended by any period or parole granted to the detenu?
Held that:- Appeal allowed. Harish Makhija, Poonam Lata and Pushpa Devi do not lay down the correct law on the point. I further hold that if the period of detention is interrupted either by an order of provisional release made under Section 12 or by an order of the Court, then the maximum period of detention to that extent gets curtailed and neither the period of parole nor the period during which the detenu was released pursuant to the order of the court can be excluded while computing the maximum period of detention.
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2000 (2) TMI 791 - SUPREME COURT
Whether the first respondent insurance company was subrogated to the rights of the second respondent consignor in respect of the lost consignment or whether it was the assignee of the rights of the second respondent in respect thereof?
Whether it was a consumer within the meaning of the Consumer Protection Act, 1986, entitled to maintain a complaint thereunder?
Held that:- Appeal allowed. By reason of the transfer and assignment of all the rights of the second respondent in the first respondents favour, the second respondent retained no right to recover compensation for the loss of the consignment. The addition of the second respondent to the complaint as a co-complainant did not, therefore, make the complaint maintainable.
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2000 (2) TMI 790 - SUPREME COURT
Licences issued by the Government permitting the licensee to carry on liquor trade the provisions of Section 206-C are not attracted as the licensee does not fall within the concept of ’buyer’ referred to in that Section. Buyer has to be buyer of goods and not merely a person who acquires a licence to carry on the business - SLP dismissed.
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2000 (2) TMI 789 - ITAT HYDERABAD
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... ... ..... tation adopted by the Assessing Officer, such deduction is already given. I am making this point only by way of clarification of the position. Point 2 I have indicated my position while dealing with point No. 2 framed by the learned Judicial Member. In other words, even when the two aggregates referred to in section 158BB are losses, there can be undisclosed income and so a liability for tax under section 113 of the Income-tax Act. The undisclosed income has necessarily to be computed in terms of section 158BB and by following the formula (A) (C) (D) (B) given in Part II of the return in Form No. 2B. In view of the above replies, I have to reiterate that I am in agreement with the learned Accountant Member and I am of the view that the undisclosed income of Rs. 1,46,02,752 computed by the Assessing Officer can be brought to tax under section 113 of the Income-tax Act. The case will go before the Bench for an order to be passed in terms of section 255(4) of the Income-tax Act.
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2000 (2) TMI 788 - ITAT MUMBAI
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... ... ..... ted by the Supreme Court in the case of CIT v. Ramniklal Kothari 1969 74 ITR 57. Further, it is evident from the assessment order that Wembly Hotels has carried on business in the years under consideration. It is evident from the fact that assessee s share in the losses for the current years have been allowed to be adjusted while computing total income. Hence, we see no reason not to allow the carry forward of losses of earlier years pertaining to Wembly Hotels. Earlier the business of Wembly was carried on by the assessee as a proprietor and now also it has been carried on by the assessee as one of its partners Ramniklal Kothari s case (supra). Therefore, we hold that earlier years losses of Wembly Hotel as claimed by the assessee be allowed to be carried forward. 17. In the result, all the three appeals by the Department are allowed, Cross Objections of the assessee for assessment years 1989-90 and 1990-91 are partly allowed whereas for assessment year 1991-92 is dismissed.
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2000 (2) TMI 787 - CEGAT, NEW DELHI
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... ... ..... ising out of the treatment of lubricating oil and other chemical reactions in the process. The appellants have not rebutted these findings, H.S.N. Explanatory Notes also provides that ldquo Bitumen, coke and other residue fall in this heading (27.13), if they result from the treatment of shale oils or of other oils obtained from bituminous minerals rdquo . Further admittedly the waste oil imported is the residue left over from lubricating oil used in various industrial and transport machinery and not obtained as result of treatment of shale oils or of other oils from bituminous minerals. Further, the Appellate Tribunal in the case of Continental Petroleum, supra, has held that the waste oil is classifiable under Heading 34.03. Thus following the ratio of the said decision, we hold that the waste oil imported by the appellants is classifiable under sub-heading 3403.19, the First Schedule to the Customs of Tariff Act. Accordingly, the appeal filed by the appellants is rejected.
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2000 (2) TMI 783 - HIGH COURT OF PUNJAB AND HARYANA
Preference Shares - Redemption of irredeemable ... ... ... ... ..... , the nature of power vested in respondent No. 1 under section 80A to give consent for issuance of redeemable preference shares is very wide and pervasive and is not hedged in with any restriction. This implies that respondent No. 1 could give consent with or without conditions and the court can interfere with the discretion exercised by it only if the conditions are arbitrary, unreasonable or capricious. Therefore, we are unable to agree with Shri Suri that while giving consent to the petitioner to issue further redeemable preference shares in lieu of the unredeemed preference shares, respondent No. 1 could not have imposed a condition regarding payment of dividend at the particular rate. 13. We are further of the opinion that the impugned condition under which the appellant has been directed to pay 15 per cent dividend at the time of redemption of shares is neither illegal nor arbitrary or capricious warranting interference by this court. 14. Hence, the appeal is dismissed.
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2000 (2) TMI 782 - HIGH COURT OF CALCUTTA
Winding up – Company when deemed unable to pay its debts ... ... ... ... ..... at the rate of 9 per cent. per annum. The order of the learned judge with regard to quantum of interest stands modified to the extent indicated above. The appellant has not complied with the conditions for stay as granted by an interim order passed by the Division Bench on February 1, 1999. In that view of the matter, the winding up petition also stands admitted for non-compliance with the conditional order of stay. It will be open to the respondent/petitioning creditor to advertise once in The Statesman and once in Bartaman and publication in the Calcutta Gazette stands dispensed with, as directed by the learned single judge. The appeal is allowed only to the limited extent as to the quantum of interest and with regard to the other question, it stands dismissed. Xerox certified copy of the judgment will be made available if applied for expeditiously according to rules. All parties shall act on a signed copy of the operative portion of this judgment on the usual undertaking.
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2000 (2) TMI 781 - SUPREME COURT
Winding up - direction to furnish security - Held that:- Appeal allowed. The direction of the Division Bench that the appellant should furnish security in the sum of Rs. 70 lakhs before the withdrawal of said amount is hereby set aside and the order of the Company Judge dated 9-12-1998 is restored. If the amount is lying in a fixed deposit for any particular term, it will be open to the appellant to move the Prothonotary for breaking up the fixed deposit and for withdrawal of the said amount in favour of the appellant.
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2000 (2) TMI 780 - HIGH COURT OF ANDHRA PRADESH
Amalgamation ... ... ... ... ..... bilities and duties of the transferor company shall stand transferred and merged with the transferee company. 15. A copy of the scheme of amalgamation shall be attached to this order as Annexure-A. The petitioners are directed to file a copy of this order with the Registrar of Companies within a period of thirty days and the Registrar of Companies shall treat the transferor company as merged with the transferee company with effect from 1-4-1999. The Registrar of Companies shall take all necessary consequential action in respect of the scheme of amalgamation. The scheme of amalgamation, as approved by this court, be published in all editions of the Deccan Chronicle English daily and Andhra Jyothi Telugu daily, within four weeks from the date of filing of the scheme before the Registrar of Companies. It is made clear that any person interested shall be entitled to approach this Court for any appropriate direction that may be necessary. 16. Both the petitions are, thus, allowed.
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2000 (2) TMI 779 - HIGH COURT OF MADRAS
Suspension of legal proceedings ... ... ... ... ..... es of the petitioner-company shall be taken or be proceeded with except with the consent of the Board. Thus merely because the petitioner had moved the BIFR, it cannot be said that no order of adjudication could be passed against the petitioner under section 7A. Hence the first contention raised by the petitioner also fails. 21. It is needless to add that as fairly stated by the learned counsel for the respondent, the respondent will not take any distress or coercive proceedings to recover the amount with respect to which an order of adjudication has been passed under section 7A. But, it will be open to the respondents to take any other action as may be open to the respondents in terms of the provisions of the Employees rsquo Provident Funds and Miscellaneous Provisions Act, as the liability to contribute has not been suspended under the SICA. Hence the writ petition is dismissed. The parties shall bear their respective costs. Consequently, connected W.M.P. is also dismissed.
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2000 (2) TMI 778 - HIGH COURT OF PUNJAB & HARYANA
Winding up - Circumstances in which a company may be wound up ... ... ... ... ..... se the amount claimed is not a large sum, the petition as such cannot be entertained. Under the provisions of section 433, read with section 434 of the Companies Act, 1956, the Court has simply to see if the ingredients of the relevant provisions are satisfied. This amount is more than the amount so prescribed. The argument, therefore, so raised is insignificant. 5. It is admitted by the respondent-company itself that because of financial crisis, it is not possible for the respondent-company to make the payment to the petitioner. It must, therefore, for the purposes of the present order, be taken that the respondent-company is unable to pay the debt. The same has not been paid despite service of the notice. Consequently, the company petition is admitted. It is directed that this fact be published in the Dainik Tribune , the Tribune and in the Official Gazette of Union Territory, Chandigarh, with a clear 14 days gap between the date of publication and the next date of hearing.
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2000 (2) TMI 760 - SUPREME COURT
Whether the refill of a ball point pen fall within entry 135 of the First Schedule to the Kerala General Sales Tax Act, 1963?
Held that:- Appeal allowed. As immediately that there is no evidence on the record before us as to how a refill is regarded by the public or in commercial parlance, but we have used ball point pens for long enough to be able to give an authoritative opinion. As we see it, the ball point refill is the substitute for the ink that is filled from time to time in a fountain pen and it provides the ball or nib thereof.
While the refill can write, it is not intended to be used, and cannot conveniently be used, for that purpose without being first inserted in the ball point pen. We do not think, therefore, that the High Court was right in overturning the view taken by the Tribunal that the refill fell outside the scope of the said entry.
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