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Case Laws
Showing 81 to 100 of 623 Records
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2007 (1) TMI 571
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... ... ..... appeal to the Hon'ble Bombay High Court which by its order reported in 2006(76)RLT 8 (BOM) rejected the appeal of the Revenue holding that no substantial question of law arose in the appeal. Therefore, the refund claim has rightly been sanctioned by the lower appellate authority to the respondents. 3. As regards the plea of ld.SDR that the refund claim is required to be tested on anvil of unjust enrichment even in case of captive consumption, I find that the question of the respondents captively consuming waste and scrap does not arise in the face of the admitted position that waste and scrap on which duty was paid and refund of duty was claimed, was never returned by the job workers to them. Therefore, the plea that the case may be remanded for satisfaction of the authorities regarding non passing of the incidence of duty by the respondents to their customers, is required to be rejected. 4. In the light of the above, the impugned order is upheld and the appeal rejected.
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2007 (1) TMI 570
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... ... ..... d because in that case the question raised in the instant petition is not debated. There was no issue as to whether in their capacity as mortgagee the financial institution was entitled to realise its dues in preference to the dues of the Department of Central Excise or the crown debts. Therefore, the reliance on the judgment of Hon'ble the Supreme Court in Macson Marbles's case (supra) is wholly misplaced, does not advance the case of respondent Nos. 1, 2 and 3. Therefore, we have no hesitation to reject the argument. C.W.P. No. 3875 of 2005 For the reasons aforementioned, this petition succeeds. We declare that the PSIDC have a preferential right to recover its dues as it is a secured creditor having prior registered charge by virtue of mortgage and equitable mortgage over the moveable and immoveable assets of M/s Jay Enn Castings. The charge of the Central Excise Department is preferable only to unsecured creditors. The writ petition is allowed in the above terms.
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2007 (1) TMI 569
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... ... ..... t income as business income but only disallowed netting. When the CIT(A) allowed netting of interest, the revenue went in appeal before the ITAT. It was correctly noted by the ITAT that the Assessing Officer having accepted the interest income as business income, the only question that required consideration was whether deduction should be of 90 per cent of the gross interest or net interest. This Court also confined the question of law only to this issue. 3. In view of our judgment rendered on 12-1-2007, the question is answered in the affirmative i.e., against the revenue and in favour of the assessee. 4. The appeal is dismissed.
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2007 (1) TMI 568
What are the rights and obligations of a promoter under the provisions of the Maharashtra Ownership Flats (Regulation of the Promotion of Construction, Sale, Management and Transfer) Act, 1963 ("MOFA")?
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2007 (1) TMI 567
Additions u/s 68 - Cash credits found in the books of the account - Identity of the creditors - failed to discharge onus - HELD THAT:- The fact that the explanation furnished by the aforementioned four creditors about the sources wherefrom they acquired the money was not acceptable by the revenue could not provide necessary nexus for drawing inference that the amount admitted to be deposited by these four persons belonged to the assessee. The assessee having discharged his burden by proving the existence of the depositors and the depositors owing their deposits, he was not further required to prove source of source.
Accordingly the Tribunal, and the Assessing Officer had seriously erred and misdirected themselves in law by not correctly appreciating the legal principle about necessity of establishing such nexus once the assessee has discharged his onus by proving the existence of the depositors and the depositors having accepted their deposits with the assessee. Once this onus is discharged the presumption raised u/s 68 stands rebutted and it becomes burden of revenue to prove that source of such deposits is traceable to assessee before the same can be treated as undisclosed income of the assessee concerned.
Accordingly, the appeal is allowed. The orders passed by the Tribunal, the CIT(A) and the Assessing Officer are set aside to the extent of additions in respect of the cash credits found in the books of the account of assessee were added in the income of the assessee. The additions made in the income of the assessee's account are directed to be deleted and demand notice to be accordingly modified.
In favour of assessee
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2007 (1) TMI 566
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... ... ..... sfactorily established that there was reasonable cause for the failures found against them. The findings of the appellants’ bona fide conduct is also fortified by the record of their conduct. They had registered themselves as an assessee in 2003 for an activity which was not liable to service tax and paid an amount of ₹ 3.86 lakhs, refund of which they had not claimed from the Department. Section 80 of the Finance Act, 1994 reads as follows “80. Notwithstanding anything contained in the provision of Section 76, Section 77, Section 78 or Section 79, no penalty shall be imposable on the assessee for any failure referred to in the said provisions if the assessee proves that there was reasonable cause for the said failure.” I am inclined to waive the penalties against the appellants as provided in Section 80 of the Finance Act, 1994. In the circumstances, the impugned order is set aside. The appeal is allowed. (Order dictated and pronounced in open Court)
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2007 (1) TMI 565
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... ... ..... ted in a statement of assessee are not sufficient to say that goods were clandestinely removed. Whether it is absolutely essential to catch actual clandestine removal outside factory premises, in order to prove that goods were clandestinely removed or Department’s case can be built on relevant corroborative evidences. (C) Whether non-statutory records seized during preventive checks have any evidential value or not.
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2007 (1) TMI 564
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... ... ..... ard. The special leave petition is dismissed.
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2007 (1) TMI 563
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... ... ..... would not get covered by the expression "clearing and forwarding services". However, their plea was not accepted by the authorities below by relying upon the Tribunal’s decision in the case of Prabhat Zarda Factory (P.) Ltd. v. CCE 2007 7 STT 226 (Kol. - CEGAT) . 3. It is seen that the said decision of the Tribunal was considered by the larger Bench in the case of Larsen & Toubro Ltd. v. CCE 2006 4 STT 231 (New Delhi - CESTAT) and it was observed that mere procuring/booking of orders for the principal by an agent on payment of commission basis would not amount to providing services as clearing and forwarding agent within the meaning of the definition of the said expression. Accordingly Tribunal’s order in the case of Prabhat Zarda Factory (P.) Ltd. (supra) was held not to be a good law. 4. The issue is decided by the above referred larger Bench decision. We set aside the impugned order and allow the appeal with consequential relief to the appellant.
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2007 (1) TMI 562
Whether the High Court was justified in pasing the impugned judgment quashing the disciplinary proceedings and issue a direction to the appellant to pay all pensionary benefits to the respondent herein, only on the ground of delay in concluding the departmental proceedings?
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2007 (1) TMI 561
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... ... ..... r the order dated 20th September, 2005 passed by CESTAT (LB) does or does not fall within the purview of Sub-Section (1) of the Section 129B of the Customs Act, 1962? And whether the LB was right in their decision of rejecting the application for Rectification of Mistakes filed by the department, under the legal provisions of Sub-Section (2) of the Section 129B of the Customs Act, 1962? 2. There is no dispute that all the aforesaid questions of law arose out of an interlocutory order passed in Miscellaneous Application. We have perused the judgment in CC (IMPORT), Mumbai v. Pride Foramer 2006 (204) E.L.T. 381 (Bom.) 2006 (4) S.T.R. 401 (Bom.) 2006 (77) RLT 806 Bom. . In view of the said judgment, the present Appeal is not maintainable at all. Hence, we are not inclined to entertain the same. Hence, the Appeal stands dismissed. However, we make it clear that the Appellant is at liberty to adopt appropriate proceedings with regard to the questions of law raised in this Appeal.
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2007 (1) TMI 560
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... ... ..... after the formal amendment in the charge, 16. No doubt, accused-appellant Suraj Bhan (since deceased) had a plastered leg on the date of search and seizure. The statement of DW2-Dr. Ashok Arora suggests that accused Suraj Bhan had been discharged much earlier, i.e. on 18.5.2000, though he had again examined him on 2.8.2000 and advised bed rest but admitted in cross -examination that he could sit in a vehicle. Thus, his evidence suggests that on 6.8.2000, he was not admitted in the hospital nor so disabled to travel in the said truck. No application had been moved either by him or DW3-Ashok Kumar who claims that Suraj Bhan was arrested from his house, to the higher Authorities about the said stand. Thus, this defence does not convince us to believe the prosecution version with regard to his presence at the time of search and seizure. In view of the discussion above, both the appeals, namely, Criminal Appeal No. 244-DB and 296-DB of 2004, being without any merit are dismissed.
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2007 (1) TMI 559
Clandestine manufacture and removal - Held that: - the Department has failed to establish any unaccounted production or non-duty payment removal of PTY, even otherwise Tribunal has found that the period for which the Department wants to impose duty is barred by limitation. The assessing authority wants to impose duty on the basis of statement which was later on retracted - appeal dismissed - decided against Revenue.
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2007 (1) TMI 558
Whether the claim for disability pension is sustainable in law, then it would mould the relief but in no event grant any relief for a period exceeding three years from the date of presentation of the writ petition?
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2007 (1) TMI 557
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... ... ..... st May.2001 and admittedly was not applicable for the fabrics manufactured before 1-5-2001 & cleared on or after said duty (sic). As such, the stock of fabrics available on the night of 3-4-2001/1-5-2001 was cleared by the appellants on payment of ad valorem duty, in which case they were entitled to utilize the credit earned on the inputs used in the manufacture of such fabrics. Notification was amended with effect from 1-5-2001 & applied only prospectively in respect of those fabrics which were cleared under compounded levy scheme. As such use of the credit for payment of duty in respect of fabrics manufactured before 1-5-2001 but cleared thereafter was in consonance with the provisions of law.” 3. It has not been shown to me by the department that the above decision has either been appealed against or state by any higher authority. As such, by following the same, I reject the appeal filed by the Revenue and allow the other two appeals filed by assessees.
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2007 (1) TMI 556
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... ... ..... deposited if the assessee has gone out of the Modvat Scheme or their unit is closed. Aggrieved against the order of the Tribunal, revenue filed C.E.A. No. 5/2006 in the High Court of Karnataka at Bangalore. The High Court by its impugned order has affirmed the order of the tribunal and dismissed C.E.A. No. 5/2006 filed by the revenue. Learned ASG appearing for the Union of India fairly concedes that those decisions of the Tribunal, which were relied upon by the Tribunal, have not been appealed against. In view of the concession made by the learned ASG, this special leave petition is dismissed.
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2007 (1) TMI 555
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... ... ..... ts case beyond reasonable doubt even against the accused No. 2, the order of acquittal passed by the appellate court cannot be interfered with under Section 378 of the Criminal Procedure Code. 7. This Court is mindful that this being an appeal against the order of acquittal same is not to be disturbed unless & until it is demonstrated by the appellant that the order of acquittal has resulted into miscarriage of justice. In absence of any such plea coming forth and looking to the evidence of the prosecution, this Court is of the considered opinion that the order of acquittal is just and proper and does not call for any interferences. 8. In view of the aforesaid discussions, this Court is of the considered opinion that the order impugned in this appeal dated 31-3-1992 passed by learned Sessions Judge, Valsad at Navsari, in Criminal Appeal No. 13 of 1991 does not call for interference. The appeal fails and is accordingly dismissed. Bail bond shall stand cancelled.
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2007 (1) TMI 554
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... ... ..... ds on account of that, taking into account the perishable nature of the goods. In the result, we allow the Writ Appeals and set aside the judgment of the learned Single Judge and declare that the betel nuts imported by the appellants are not liable to be tested for the standards prescribed under item A.28.04 of Appendix B to the Food Adulteration Rules, 1955. However, for this purpose, we do not think it necessary to quash Ext. P1 except to clarify that Ext. P1 does not specifically require testing for standards prescribed under item A.28.04 as above at least for betel nuts. The respondents are directed to allow the appellants to clear the betel nuts imported by the appellants, provided they satisfy other conditions for such import without any further delay. We also clarify that since consignment has been detained by the customs authorities for a purpose not authorised by law, the appellants would not be liable to pay demurrages, if any, claimed by the authorities concerned.
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2007 (1) TMI 553
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... ... ..... ssed on the ground of delay leaving the question of law open.
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2007 (1) TMI 552
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... ... ..... wholly, necessarily and exclusively for the purpose of discharging his official duties. The finding which is required to be reached on the basis of evidence is a finding of fact and does not give rise to any question of law. 7. In the present case the CIT(A) in the case of same assessee for asst. yr. 1991-92, remitted the issue back to the AO for this enquiry; the Tribunal for the two subsequent years also allowed the exemption under s. 10(14) of the IT Act, 1961 on furnishing of proof for the utilisation of the amount for performance of the duties of the office. 8. In these circumstances, no question of law arises for consideration in this appeal. In view of the aforesaid decision no interference is called for in this appeal also where the Tribunal has merely given direction to the AO that the additional conveyance allowance is not to be included in the total income on furnishing the certificate of the utilisation. 9. Accordingly these appeals fail and are hereby dismissed.
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