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Case Laws
Showing 81 to 100 of 478 Records
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2001 (4) TMI 878 - GUJARAT HIGH COURT
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... ... ..... ntly, it is not possible to agree with the view which appealed to the High Court in the impugned judgment that the Custodian-General could still revise such an order. On the scheme of the Act, such a conclusion is clearly unsustainable. The present case on our hand is almost similar to the above case decided by the apex Court. In view of these peculiar facts and circumstances of the case, it is required to be stated that in that case before the apex Court order of Custodian was approved by the Custodian-General s delegate. The court pointed out that the Custodian-General was right in holding that before him proceedings were not maintainable. Once authority has approved the order, it would not be appropriate for the authority approving the order to exercise powers of revision. In this view of the matter, the petition is required to be allowed on this particular ground only. The petition is allowed. Rule is made absolute accordingly with no order as to costs. Petition allowed.
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2001 (4) TMI 877 - KARNATAKA HIGH COURT
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... ... ..... unal which are impugned in these petitions but we make it clear that these orders are not set aside on merits but are set aside only on procedural grounds for the reasons set out by us in this order. We direct that these cases concerning levy of penalty shall stand remanded to the Tribunal and that they shall be heard along with the petitioner s appeals regarding the levy of tax. The Tribunal shall give specific notice to the petitioners informing them that both sets of appeals will be heard together by the Tribunal. The Tribunal shall after hearing the parties pass fresh orders according to law as far as the penalty proceedings are concerned. As indicated earlier, it is for this reason that we have refrained from making any observations with regard to the merits of these petitions. 5.. With these directions, the petitions to stand disposed of. No order as to costs. It is clarified that all issues that arise for determination are left open. Petitions disposed of accordingly.
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2001 (4) TMI 876 - ANDHRA PRADESH HIGH COURT
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... ... ..... Tech Limited to the second respondent from the files of the fourth respondent, the Commissioner ought not to have mechanically transferred the appeal of the petitioner also to the second respondent without disclosing any reason much less tenable reason for doing so. Therefore, we find considerable force in the contention of the learned counsel for the petitioner that the impugned orders smack of arbitrariness and non-application of mind. 9.. In the result and for the foregoing reasons, we allow this writ petition and quash the impugned proceedings of the Commissioner of Commercial Taxes dated March 15, 2001 and March 31, 2001 with no order as to costs. However, we make it clear that this order shall not come in the way of Commissioner of Commercial Taxes to exercise his discretionary power of transfer under rule 33 of the APGST Rules, if there is any warrant to do so and if there exist valid grounds and reasons for exercising that discretionary power. Writ petition allowed.
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2001 (4) TMI 875 - WEST BENGAL TAXATION TRIBUNAL
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... ... ..... prejudice the party and cannot be countenanced. The petitioners are right in contending that in respect of their appeals before Appellate Tribunal the fees which were prevalent before the Tamil Nadu Amendment Act 78 of 1986 should alone be applicable. (see para 9). 6.. In view of the aforesaid principles laid down, we are of the opinion that the petitioner rightly paid court fees to the extent of Rs. 100 as per the provisions embodied in the previous Act, 1941. The order of rejection of the application passed on January 18, 2001 by Shri S.C. Majumder, President of the Appellate and Revisional Board was not in accordance with law. Accordingly, the said order is set aside. It is, therefore, directed that the application filed by the petitioner shall be entertained in accordance with law and be disposed of on merits after giving opportunity to the petitioner of being heard. 7.. The application is thus disposed of without any order for costs. Application disposed of accordingly.
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2001 (4) TMI 874 - TAMIL NADU TAXATION SPECIAL TRIBUNAL
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... ... ..... context of the earlier provision of law, which is similar to the Andhra Pradesh general sales tax provision considered by the Supreme Court, the plea that the legislative intent has to be construed with reference to the Amendment Act No. 60 of 1997, clearly fails. Thus, on the whole, we find no merit in any of the contentions raised by the petitioners in these cases before us. 26.. We once again reiterate that groundnut shell and coconut shell used as fuel in the manufacture of paper boards, warrant levy of purchase tax, in terms of section 7-A(1)(a) of the Tamil Nadu General Sales Tax Act, 1959, as rightly held by the Joint Commissioner. Therefore, there is no case to interfere. 27.. Accordingly, all the tax appeal cases are dismissed. And this Tribunal doth further order that this order on being produced be punctually observed and carried into execution by all concerned. Issued under my hand and the seal of this Tribunal on the 24th day of April, 2001. Petitions dismissed.
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2001 (4) TMI 873 - KERALA HIGH COURT
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... ... ..... the ground that the books of accounts were not produced. Hence, the petitioner prayed for an opportunity to explain the circumstances under which the special discount was granted. 5.. Before parting with the case, we may state that so far as the special discount is concerned, all that the authorities have to look into whether as a matter of fact, the petitioner received only the sum originally charged less the discount. It is the look out of the traders to see that the trade increase and it is for that purpose the trade discount is given. Hence, a person may not be able to clearly prove as to why the special discount was given. But if there has been a consistent practice of giving special discount, that has to be accepted by the assessing authority. 6.. In the above view of the matter, we set aside the order of the Tribunal and matter is remanded to the Tribunal for fresh consideration in accordance with law and above directions. T.R.C. is disposed of. Petition disposed of.
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2001 (4) TMI 872 - SUPREME COURT
Whether the petitioner being an advocate had no locus standi to challenge the legality of the order by way of a writ petition?
Held that:- Appeal dismissed. In the instant case the petitioner had not filed the petition in public interest and did not disclose the circumstances which prevented the affected persons from approaching the court. In the discharge of his professional obligations, the petitioner-advocate is not obliged to file the writ petition on behalf of his clients. No circumstance was mentioned in the petition which allegedly incapacitated the affected persons from filing the writ petition. Section 30 of the Advocates Act, only entitles an advocate to practise the profession of law and not to substitute himself for his client. The filing of the writ petition in his own name, being not a part of the professional obligation of the advocate, the High Court was justified in dismissing the writ petition holding that the petitioner had no locus standi.
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2001 (4) TMI 871 - ITAT CHENNAI
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... ... ..... 1996-97 (I. T. A. No. 1773 (Mds) of 1999) is also allowed. The appeal in I. T. A. No. 1043 (Mds) of 1999 against the Commissioner (Appeals) order refusing to rectify under section 154 has become infructuous in view of our decision in I. T. A. No. 1044 (Mds) of 1999 above. Before parting with, we would be failing in our duties if we are not recording our appreciation for the way in which the learned representatives of both the sides, more especially the learned Departmental Representative, have taken pains to put forth their respective cases before the Tribunal by bringing in the various case laws in the interest of interpreting section 33AC and assisting the court by tendering patient and strenuous arguments. In the result, the appeals in I. T. A. No. 1044 (Mds) of 1999 for the assessment year 1995-96 and 1773 (Mds) of 1999 for the assessment year 1996-97 are allowed and the appeal in I. T. A. No. 1043 (Mds) of 1999 for the assessment year 1995-96 is dismissed as infructuous.
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2001 (4) TMI 870 - ITAT PUNE
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... ... ..... y under the Payment of Gratuity Act, 1972, on the basis of actuarial valuation. The High Court accepted the assessee s claim for deduction and held as incorrect a circular of the CBDT which directed the Assessing Officers not to allow any liability towards an unapproved gratuity fund under section 37(1) of the Act. The case before the Bombay High Court was not one where the assessee sought deduction in respect of any contingent liability. Therefore, the question whether a contingent liability can be allowed as a deduction under section 28 of the Act, cannot be said to have been decided. I, therefore, agree with the conclusion of the learned Judicial Member that the provision made in the accounts for the assessment years under appeal in respect of warranty liability is not allowable as deduction in computing the profits of the assessee. The question referred to me is, therefore, answered in the negative. The appeals will now be placed before the Bench for consequential orders.
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2001 (4) TMI 869 - GAUHATI HIGH COURT
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... ... ..... lows - (i) Once the principal amount is received by a person without any reservation, thereafter he cannot make a claim for a further sum either by way of principal or interest. (ii) The Act in question did not revive the claims which were satisfied earlier and on account that also the suit is not maintainable. 21. In view of the above, this appeal is allowed. The suit of the plaintiff is dismissed with costs all throughout. 22. As the plaintiff has received half of the decreetal amount by the interim order of this court, the plaintiff either deposit the amount before this court within a period of 3(three) months from today failing which the amount can be realised by appellant-ASEB by way of restitution since the appeal has been allowed and the decree has been set aside. In the event the ASEB has to go for execution of the decree by way of restitution, ASEB shall be entitled to interest at the rate of 9 percent from the date on which the amount was received by the plaintiff.
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2001 (4) TMI 868 - SETTLEMENT COMMISSION, CUSTOMS AND CENTRAL EXCISE,
Settlement - Immunity from payment of interest ... ... ... ... ..... unt shall be worked out by the applicant for the credits availed on or after 28-9-96 and intimated to the Commission within two weeks of the receipt of this order. 7. emsp The amount of interest so calculated shall be payable within 30 days of the receipt of a copy of this order by the applicants. 8. emsp The applicants are granted immunity from prosecution for offences under the Central Excise Act 1944 and from penal liability under the Central Excise Act and the Rules made thereunder in full with respect to the case covered by the applications in question. 9. emsp Attention of the applicants is drawn to sub-section (9) of Section 32F of the Act. The settlement arrived at under this order shall be void if it is subsequently found by the Settlement Commission that it has been obtained by fraud or mis-representation of facts. Attention of all concerned is also drawn to sub-section (2) and sub-section (3) of Section 32K so far as the immunity granted in this order is concerned.
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2001 (4) TMI 867 - HIGH COURT OF MADRAS
Suspension of legal proceedings, contracts, etc. ... ... ... ... ..... on with respect to which the bank guarantees were furnished is a distinct obligation which arises from injuries but obligations which are styled analogically obligations quasi ex contractu . It is in the nature of liability which is being enforced for violation of the policy or the import licence. Hence, section 22 of the SICA cannot be invoked and the petitioner is not entitled to any relief. Further, enforcement of guarantees furnished, which guarantees the bank is bound to honour as the petitioner rsquo s liability to the said obligation has neither ceased nor suspended, nor extinguished by operation of law. The bank has to honour its commitment and proceed against the petitioner. It is only at that stage section 22 of the Act may get attracted or may not even get attracted. Hence the petitioner is not entitled to the relief of mandamus in any view of the matter. 35. In the result, the writ petition is dismissed. Consequently, connected W.M.Ps are also dismissed. No costs.
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2001 (4) TMI 866 - HIGH COURT OF ANDHRA PRADESH
Rights of financial corporation in case of default-Loanee company’s machinery, furniture, etc.
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2001 (4) TMI 865 - HIGH COURT OF MADRAS
Amalgamation ... ... ... ... ..... vice and their services should be protected. The approval of the scheme is on the condition that the DRL Ltd. should discharge all liabilities arising out of hire-purchase loans, fixed deposits, security deposits, intercorporate loan, unsecured debentures and foreign currency loan and also other liabilities of the transferor-company. The approval of the scheme is also subject to the condition that the transferee-company should fully discharge the liabilities of the creditors of the transferor-company, both secured and unsecured, if any. It is made clear that the proceedings initiated and pending against the transferor-company on or after the transfer date would be continued against the transferee-company and the transferee-company is liable to discharge the liabilities that may arise out of such proceedings. Accordingly, prayers (a) to (d) and (f) to (h) of paragraph 37 of the petition are ordered. Counsel for the Central Government is entitled to costs of a sum of Rs. 5,000.
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2001 (4) TMI 864 - CEGAT, CHENNAI
Modvat/Cenvat - Respiratory items ... ... ... ... ..... cell. A cell which comes into existence when the adhesives being utilised. The ratio of the judgment rendered for the purpose of transformer oil and solder sticks as well as welding rods is applicable for the purpose of adhesives. All have a common function. Just as welding sticks have been considered as capital goods, so also transformer oil as it is a necessary lubricant, we have to consider adhesive, which is a necessity for the purpose of fixing rubber cell cover with the cell to fall in the same line. Therefore, the ratio of Larger Bench judgment would apply to these two items also. 7. emsp As regards the item at Sl. Nos. 1, 4, 5 and 6, they are covered by the judgments cited in the Table itself. There is no other judgment of contradictory to the same and the issue has been totally settled by Larger Bench judgments. In that view of the matter, the Order of the Commissioner denying Modvat credit to Sl. Nos. 1 to 6 is set aside and party rsquo s appeal E/559/99 is allowed.
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2001 (4) TMI 863 - CEGAT, CHENNAI
Modvat/Cenvat - Invoice, Original copy in event of loss of duplicate copy ... ... ... ... ..... judgment of the Bombay High Court. I also observe that in accordance with sub-rule (3A) as inserted by Notification No. 14/96-C.E. (N.T.), dated 23-7-96 for the purpose of taking credit on original copy, in the event of loss of duplicate copy, satisfaction of the Assistant Commissioner is sine qua non. As already noted above, it is not the case of the assessee that they have satisfied the Assistant Commissioner in this regard by producing necessary supporting documents regarding loss of duplicate copy of the invoice and instead they chose to take credit suo motu on the strength of original copy. In this view of the matter, respectfully following the three Larger Bench judgments in the case of Balmer Lawarie and Co. v. CCE, Kanpur reported in 2000 (116) E.L.T. 364 (T), CCE v. AVIS Electronics Pvt. Ltd. reported in 2000 (117) E.L.T. 571 (T) and Grasim Industries Ltd. v. CCE reported in 2000 (117) E.L.T. 551 (T), the impugned order is set aside and the Revenue appeal is allowed.
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2001 (4) TMI 861 - HIGH COURT OF ANDHRA PRADESH
Winding up - Circumstances in which a company may be wound up ... ... ... ... ..... e petition assuming for a moment that prima facie they are made out, at best they constitute only a ground of mismanagement. The petitioner can seek an appropriate remedy either under section 398 or for investigation into the affairs of the company by the Registrar of Companies or other alternative remedies as are available under the Act. If such alternative remedies are available to the petitioner, under sub-section (2) of section 443 of the Act the company court may refuse to make an order for winding up when the petition is presented on the ground that it is just and equitable to wind up the company. 46. For the foregoing reasons, I am of the considered view that it is neither just nor equitable to wind up the company, which is running in profits and against the interests of the workers of the company. Therefore, there is no prima facie case to admit the company petition. Consequently, the petition is dismissed. Under the circumstances, there shall be no order as to costs.
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2001 (4) TMI 860 - HIGH COURT OF BOMBAY
Compromise and arrangement ... ... ... ... ..... risdiction. (p. 818) 20. Applying these parameters to the case before us, we are not satisfied that the order of the learned Company Judge over-ruling the objections and refusing to permit intervention was in any way unjustified. The objections raised were without substance and did not affect the merits of the demerger scheme propounded by the respondent-company. 21. A grievance is made by the learned counsel for the respondent-company that frivolous objections were raised mala fide in order to coerce the Vasant Kumar and family to yield to their demands in certain litigations pending in different Courts in Hyderabad between the different members of the said family. In our view, it is unnecessary to go into this aspect of the matter. 22. Considering the scheme as a whole, we are satisfied that the objections raised thereto have no substance and the learned Company Judge has rightly over-ruled them. 23. In the result, Appeal fails and is hereby dismissed. No order as to costs.
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2001 (4) TMI 859 - HIGH COURT OF BOMBAY
Suspension of legal proceedings contracts, etc. ... ... ... ... ..... nd included in the sanctioned scheme. The company has purchased goods after the scheme was sanctioned and is liable to pay for the goods. The Supreme Court has clearly held that in such a case the bar under section 22 would not apply and it would be quite unreasonable and unfair to allow the company, after the date of the sanctioned scheme to purchase goods from suppliers without being required to pay for the goods purchased. 5. This was the only point which was urged at the hearing of the summons for judgment. The learned counsel for the plaintiff has tendered the original documents together with a list which are taken on record and marked as Exh-A collectively. The plaintiff is entitled to a decree as prayed for. The suit is, accordingly, decreed. The plaintiff would be entitled to further interest at the rate of 12 per cent per annum on the principal amount of Rs. 33,792 from the date of the institution of the suit until payment or realisation and to the costs of the suit.
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2001 (4) TMI 858 - HIGH COURT OF DELHI
Debt Recovery Tribunal - Jurisdiction of ... ... ... ... ..... peal or other proceedings is one of the factors to be taken into consideration by the Courts while deciding whether or not jurisdiction under article 226 of the Constitution is or is not to be exercised, existence of an alternative remedy does not absolutely bar the jurisdiction of High Court and to grant appropriate relief. It has been so held by a Division Bench of this Court in Unified Agro Industries v. Debts Recovery Tribunal C.W. No. 3682 of 1999 dated 21-7-2000 . Be that as it may that the learned single Judge did not exercise jurisdiction to quash the order of the Tribunal dated 28-7-1998, we in exercise of our inherent jurisdiction and in exercise of the power of superintendence quash and set aside the order passed by the Tribunal on 28-7-1998 (Annexure-A.2) in O.A. No. 913 of 1995. 8. While dismissing the appeal, the order dated 28-7-1998 passed by the Tribunal is set aside with directions to the Tribunal to try O.A. No. 913 of 1995 on merits in accordance with law.
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