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  • 2015 (4) TMI 825 - ITAT HYDERABAD

    M/s Shanti Transport Versus Income-tax Officer, Ward – 1, Kothagudem

    Income Tax: Revision of assessment order - CIT observed huge amount of withdrawn, transfers & receipts from different accounts - CIT must have strong material/evidence before him, which could indicate that non-consideration of those issues has not only made the assessment order erroneous, but, has also caused prejudice to the interests of revenue - Held that:- On a perusal of revision order, we find that CIT in specific terms has not disapproved the rejection of books of account by AO. The CIT has pointed o.....

  • 2015 (4) TMI 804 - GUJARAT HIGH COURT

    MILTON LAMINATES LIMITED Versus ASSISTANT COMMISSIONER OF INCOME TAX CIRCLE4

    Income Tax: Treatment of other income while calculating deduction u/s 80HHC of Income Tax Act, 1961 - Netting off of interest income against interest expenditure under deduction u/s 80HHC - Held that:- The said issues are squarely covered by the decision of the Hon'ble Supreme Court in the case of ACG Associated Capsules (P.) Ltd.[2012 (2) TMI 101 - SUPREME COURT OF INDIA]. It is held by the Hon'ble Supreme Court in this decision that 90% of not the gross interest but only the net interest, which ha.....

  • 2015 (4) TMI 803 - ITAT BANGALORE

    M/s. NXP Semi Conductors India Pvt. Ltd. Versus The Dy. Commissioner of Income Tax, Circle 12(2), Bangalore

    Income Tax: Transfer pricing adjustment - Determination of Arm's length price in international transactions - Adjustment in Software development services transaction - Selection / Rejection of comparables companies - Comparable collected from public domain u/s 133(6) - Risk adjustment - Depreciation on net working equipments - Interest u/s 234B & 234D - Penalty u/s 271(1)(c) - Held that:- The common ground for rejection of comparable companies are - Non-furnishing the information obtained under section .....

  • 2015 (4) TMI 802 - ITAT PANAJI

    The Mudhol Urban Co-Op Bank Ltd. Versus ITO, Ward-1, Bagalkot

    Income Tax: Dis-allowance of expenses u/s 40(a)(ia) of the Income Tax Act, 1961 - TDS u/s 194A not deducted on interest paid on deposits - Special provision for deduction of TDS in case of Co-operative bank - Payee shown interest in return of income and paid tax - Held that:- The assessee is liable to deduct the tax at source on the term deposit of members and cooperative societies as per the provisions of sec. 194A(3)(vii)(b) of the Act. Section 194A(3)(vii)(b) deals with cooperative societies engaged in .....

  • 2015 (4) TMI 801 - ITAT PUNE

    The Income Tax Officer & Others Versus Noble Medical Foundation and Research Centre & Others

    Income Tax: Charitable hospital - Non-fulfilment of conditions prescribed in section 2(15) of the Income Tax Act, 1961 - Denial of deduction u/s 11 of the Income Tax Act, 1961 - Violation of provision of section 13(1)(c) rws 13(2)(b) and 13(2)(g) of the Income Tax Act, 1961 - No concessional treatment to poor peoples - Whole income not applied for trust object i.e. to provide medical relief - Held that:- Where the assessee was engaged in carrying on the activities for attaining the objects of providing medi.....

  • 2015 (4) TMI 800 - ITAT AHMEDABAD

    Intas Pharmaceuticals Ltd. & Others Versus DCIT & Others

    Income Tax: Deduction u/s 80HHC of Income Tax Act, 1961 on DEPB receivables & accruals - Denial of deduction u/s 80HHC on 90% of other income - Treatment of insurance claim received and C&F Stockist interest for the purpose of deduction u/s 80HHC - Addition on account of staff welfare expenses, selling & distribution expenses in absence of complete bills & vouchers - Treatment of Deferred revenue expenditure - Held that:- In the case of Topman Exports [2012 (2) TMI 100 - SUPREME COURT OF INDIA], apex court .....

  • 2015 (4) TMI 799 - ITAT JAIPUR

    The ACIT. Central circle-1, Jaipur. And Others Versus M/s Poornima Fire Works And Others

    Income Tax: Application of the provisions of section 145(3) - Reduction in the Gross Profit rate from 18.5% to 16% by CIT(A) - Addition on account of unexplained cash - Addition on account of unexplained stock - Held that:- It is undisputed fact that the assessee has been indulging in unaccounted sales/purchases. The major expenses on account of trading of fireworks have already been debited by the assessee in P&L account except unaccounted purchase. Therefore, in unaccounted purchase resultant to unaccount.....

  • 2015 (4) TMI 798 - ITAT AHMEDABAD

    M/s. John Energy Ltd Versus ACIT M/s. John Energy Ltd, M/s. John Oil & Gas Limited Versus DCIT

    Income Tax: Claim of higher depreciation on drilling Rigs - Rig claimed as Heavy motor vehicle (Lorry) - In case of two conflicting views, favourable to the assessee to be adopted - Held that:- CIT(A) has applied the judgment of the Hon’ble Madras High Court rendered in the case of Popular Borewell Service [1991 (4) TMI 59 - MADRAS High Court].However, in our considered view, the CIT(A) was not justified in disallowing the claim by not following the judgment of Hon’ble Jurisdictional High Court in the case .....

  • 2015 (4) TMI 797 - ITAT MUMBAI

    Taj Televsision India Pvt. Ltd Versus The Dy Commissioner of Income-Tax, -7(3), Mumbai

    Income Tax: Transfer pricing adjustment - Arm's length price adjustment on account of reimbursement of expenses - Expenses incurred for the brand building of Associated Enterprises - Held that:- It is clear that the assessee itself has claimed as an agent for its AE for providing advertising support services and distribution of the ten sports channel. There is no quarrel on the point that any expenditure even on the advertisement of the assessee’s own business activity and assessee’s own brand name is a.....

  • 2015 (4) TMI 796 - ITAT HYDERABAD

    Deputy Commissioner Of Income Tax Versus M/s Aheshwari Plaza Resorts Ltd

    Income Tax: Dis-allowance of interest paid on borrowed capital - No expenditure incurred for earning exempted income, dis-allowance under section 14A not stand - Interest free advances given on the principles of business prudence and commercial expediency - Treatment of sale of investments - Capital gain vs Business income - Additions on account of sale of ground floor below market rates - Family arrangement does not liable for capital gain - Held that:- Dis-allowance of interest paid on borrowed capital - .....

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  • 2015 (4) TMI 446 - BOMBAY HIGH COURT

    Dynavent Air Systems Pvt. Ltd. Versus Income Tax Appellate Tribunal, Mumbai And Others

    Wealth tax: Rectification under section 35(1)(e) of the Wealth Tax Act, 1957 - Enhancement in value of property - Classification of office premises - Held that:- Power of the Tribunal to rectify mistakes is only to correct an error apparent on record and not to correct an error which is to be established by a long drawn out process of reasoning or where there could be two possible views. Although one of the grounds in the appeal before the Tribunal did relate to application of sub-clause (3) of section 2(ea.....

  • 2015 (4) TMI 412 - MADRAS HIGH COURT

    M/s. Vyline Glass Works Limited Versus The Assistant Commissioner of Wealth Tax

    Wealth tax: Recall of previous order - Power of Tribunal to recall its final order - Whether in a case of wealth tax, the Tribunal has power to recall its order in the guise of rectification of mistake contrary to the provision under Section 35 of the Wealth Tax Act - Held that:- Power under Section 35(1)(e) of the Wealth Tax Act extends only to rectify the mistake apparent from the face of the record. An error cannot be said to be apparent on the face of the record if one has to travel beyond the record t.....

  • 2015 (4) TMI 230 - MADRAS HIGH COURT

    Commissioner of Wealth Tax, Madurai Versus TV. Sundaram Iyengar And Sons Ltd., Madurai

    Wealth tax: Valuation of property - Whether Tribunal was right in holding that the written down value of the cars and jeeps owned by the assessee should be taken as the market value for the purposes of wealth tax - Held that:- Following decision of Commissioner of Wealth Tax v. T.V.Sundaram Iyengar and Sons Ltd. [2006 (1) TMI 45 - HIGH COURT, MADRAS] - there is no material produced before us by the Revenue to show that the written down value does not represent the market value of the vehicles. Therefore, th.....

  • 2015 (4) TMI 61 - MADRAS HIGH COURT

    M/s. South India Structural Corporation Ltd. Versus The Dy. Commissioner of Wealth Tax, Company Circle I (3)

    Wealth tax: Valuation of property - Whether the Tribunal is correct in concluding that the value of the lease hold right in the property under consideration was correctly brought into the computation of net wealth as per provisions of Section 40 of the Finance Act, 1983 for the assessment year under consideration - Held that:- it is clear that none of the exceptions as enumerated in Section 40 (3) (vi) are attracted to the facts of the present case. In the present case, the building has been leased out to C.....

  • 2015 (3) TMI 771 - SUPREME COURT

    M/s. Kapri International Pvt Ltd Versus Commissioner of Wealth Tax, New Delhi

    Wealth tax: Valuation of net worth of assessee company - whether under Section 40(3)(vi) of the Finance Act, 1983, "the building" is used by the assessee as a factory for the purpose of its business - Held that:- No doubt, M/s Dior International P. Ltd. was manufacturing the garments for the assessee but it was charging the price for the same from the assessee and assessee was charging rent for the use of the premises. Therefore, the only relationship between the parties was that of the lessor and lessee an.....

  • 2015 (2) TMI 997 - ITAT KOLKATA

    Wealth Tax Officer, Wd-10(2) Kolkata Versus Ferrolite products Ltd.

    Wealth tax: Exclusion of values of land and house property from net wealth - renting out of property - commercial establishment or complex - assets are situated in urban area and have been shown under separate block in the audited accounts - Held that:- The facts emerges are that total area of land consists of 20164 sft out of which area is 10771 sft namely, the factory building, courtyard, electrical substation, labour quarters, office and godown etc. The assessee rented out this premises to M. S. Dalmia &.....

  • 2015 (2) TMI 816 - ANDHRA PRADESH HIGH COURT

    The Trustees of HEH Versus The Commissioner of Income Tax

    Wealth tax: Occasion to invoke section 21(4)the Wealth-tax Act - Accelerated interest in the trust properties - whether right to wear the jewellery is not an asset - whether interest of the beneficiaries in the trust property was assessable under section 164 of the Act ? - Held that:- The key expression that plays a pivotal role in attracting section 21(4) is indeterminate or unknown beneficiaries. In the instant case, the terms of the trust deed are very clear and unambiguous. Even while conferring a limi.....

  • 2015 (2) TMI 258 - ITAT HYDERABAD

    Shriram Chits Pvt. Ltd. Versus Dy. Commissioner of Wealth Tax, Hyderabad

    Wealth tax: Penalty u/s 18(1)(c) of the Wealth Tax Act, 1957 - concealment of value of property - Held that:- the fact that the value declared by the assessee of its Mumbai property was accepted by the AO in the assessments originally completed u/s 16(3) read with section 17 of the Act, again goes to show that the method adopted by the assessee to value its Mumbai property was a plausible one and although the same turned out to be a mistaken one, the facts and circumstances of the case show that the claim .....

  • 2015 (2) TMI 215 - ITAT DELHI

    JB. Roy Versus Dy. Commissioner of Wealth Tax

    Wealth tax: Enhancement in the value of land owned by the firm where the appellant is a partner - Rule 20 of Schedule III of the Wealth Tax Act 1957 - Held that:- land being used as business asset, its value was to be determined as per Rule 14 and not as per Rule 20 of Schedule III. - Following decision of Subrata Roy Sahara vs. DCWT [2015 (2) TMI 51 - ITAT DELHI] - Decided in favour of assessee......

  • 2015 (2) TMI 172 - ITAT PANAJI

    The Assistant Commissioner of Wealth Tax Versus M/s. Goa International School Pvt. Ltd.

    Wealth tax: Deletion of wealth tax - Land an urban land or not - Whether CWT(A), Panaji has erred in treating the company plot of urban land, which is liable for Wealth Tax is outside the purview of definition of assets u/s. 2(ea)(v) of the Wealth Tax Act - Held that:- as per the documentary evidence the land at Survey No.15,16,17,18,20, 21 and 22 is located within jurisdiction of village Panchayat Siridao Goa is not urban land as per definition contained in explanation 1(b)(i) of Section 2(ea). - distance .....

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  • 2015 (4) TMI 824 - CESTAT AHMEDABAD

    Elastimold India Pvt Ltd Versus Commissioners of Central Excise, Customs and Service Tax-VAPI

    Service Tax: Denial of CENVAT Credit - Insurance service - services availed by the appellant from the factory premises to the door steps of the customers - Whether Cenvat Credit of insurance services availed by the appellant from the factory gate till delivery of the goods to the customers premises is admissible or not - Held that:- Appellant is availing insurance services in relation to transport of raw-material plant & machinery and finished goods owned by the appellant. No separate charges on account of t.....

  • 2015 (4) TMI 823 - CESTAT NEW DELHI

    M/s. Kashyap Publications Pvt Ltd Versus Commissioner of Central Excise & Service Tax, Indore

    Service Tax: Penalty u/s 70& 77 - goods transport agency services - reverse charge mechanism - Held that:- It is admitted fact that on 13.1.12 appellant took registration and paid service tax along with interest, not for the period in question but for 2006 also. This shows the appellant were under the bonafide belief that they are not liable to pay service tax under reverse charge mechanism as good transport agency service does not exceed ₹ 10 lakhs. Therefore, I hold that the show cause notice was not.....

  • 2015 (4) TMI 822 - CESTAT MUMBAI

    Butibori Cetp Pvt Ltd Versus Commissioner of Central Excise, Nagpur

    Service Tax: Business Support Services - appellant is engaged in running a plant for treatment of effluent generated in the industrial area - Held that:- Demand confirmed against the appellant under the category of 'Business Support Services' for operating the effluent treatment plant which has been established under CETP Project, is sustainable in law. We find that the Maharashtra Pollution Control Board in their website has clearly stated that the appellant has been funded by the Central Government.....

  • 2015 (4) TMI 821 - CESTAT AHMEDABAD

    Banco Products India Ltd. Versus Commissioner of Central Excise, Customs & Service Tax, Vadodara-I

    Service Tax: CENVAT Credit - Reverse Charge Mechanism - Commission to agents outside India - Held that:- Appellant failed to establish that such commission agent involved in the activity sales promotion, as explained in the decision of the Hon'ble Gujarat High Court [2013 (1) TMI 304 - GUJARAT HIGH COURT]. It is also observed that the appellant only placed the case law in relation to the services rendered, other than the services of commission paid to foreign agent. We find that the appellant in the repl.....

  • 2015 (4) TMI 783 - CESTAT NEW DELHI

    M/s EXL Service SEZ BPO Solutions Pvt Ltd. Versus Commissioner of Central Excise & ST, Noida

    Service Tax: Rejection of refund claim - Notification No. 9/09 - Bar of limitation - CHA and scientific and engineering services - Held that:- Tribunal allowed the refund claim holding that section 11 B of the Act, the appellant is entitled to claim the refund of services received in SEZ. I further find that for the subsequent period in appellant's own case refund claim was allowed holding refund claim filed within the time and the services received in SEZ is entitled to claim refund as the service tax h.....

  • 2015 (4) TMI 782 - CESTAT CHENNAI

    M/s Sesa Sterlite Ltd Versus Commissioner of Central Excise, Tirunelveli

    Service Tax: Availment of CENVAT Credit - Input Service Distributor - Availment of credit on invoices pertaining to others - Held that:- Regulatory measure of registration is one of the essential condition for input service distribution to prevent wrongful claim of Cenvat credit by a third party in respect of the invoices issued by the service provider in the name of another Unit of the appellant. Prima facie , no substantial evidence was led by appellant to demonstrate integral connection between the servic.....

  • 2015 (4) TMI 781 - CESTAT AHMEDABAD

    M/s. Essar Steel India Limited Versus Commissioner of Central Excise & ST., Surat

    Service Tax: Denial of Refund claim - Exemption claim - services availed by SEZ unit - Non fulfillment of conditions of notification - Notification No. 17/2009 ST dated 07.7.2009 as amended by Notification No. 40/2009 ST dated 30.9.2009 - held that:- Exemption is admissible to the exporters of goods with respect to specified services received and used by the appellant for export of goods. It is observed from the case records that services were received by the SEZ unit of the appellant under invoice dated 30.....

  • 2015 (4) TMI 780 - CESTAT NEW DELHI

    CCE., Bhopal Versus M/s. Hemkunt Petroleum Ltd.

    Service Tax: Levy of simultaneous penalty u/s 76 & 78 - Packing service - Held that:- With effect from 16.05.2008, penalties under Sections 76 and 78 ibid were made mutually exclusive in-as-much-as if the penalty under Section 78 was imposed, the penalty under Section 76 was made unimposable. This amendment with effect from 16.05.2008 in a way reflected the refinement of penal provisions. Indeed it has been held by Punjab and Haryana High Court in the case of CCE Vs. M/s. Pannu Property Dealers, Ludhiana [20.....

  • 2015 (4) TMI 746 - CESTAT NEW DELHI

    M/s. Agilent Technologies International Pvt Ltd Versus CST. -New Delhi-III

    Service Tax: Denial of refund claim - Refund of unutilized CENVAT Credit - nexus with the output services which have been exported - input services of landscaping in their offices - erection of IT cables - setting up of modernization and renovation of premises - Held that:- These services are having nexus to the output services provided to them - as per CBEC circular dated 19.01.2010 appellant are entitled for refund claim which was remained unutilized in their Cenvat Credit account due to export of service.....

  • 2015 (4) TMI 745 - CESTAT MUMBAI

    Commissioner of Service Tax, Mumbai Versus Atlanta Premises Co-Op Society Ltd

    Service Tax: Refund claim - service tax paid under protest under bonafide belief that service tax is chargeable - concept of mutuality - Co-operative Society - collecting amounts from their members towards maintenance charges, parking charges, NOC Charges, antenna charges, water charges and electricity charges, etc - First appellate authority has decided in favor of assessee - Revenue in appeal before the Apex Court against the decision of Hon'ble High Court of Jharkhand in the case of Ranchi Club Ltd. (.....

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  • 2015 (4) TMI 816 - SUPREME COURT

    Commissioner of Central Excise, Ahmedabad Versus M/s. Asarwa Mills And Others, M/s. Asoka Spintex Ltd And Others

    Central Excise: Valuation of goods - Captive consumption - Misdeclaration of value of goods - Non inclusion of value of administrative overheads, bonus, gratuity, interest, conversion charges and depreciation charges in the assessable value of the yarn - Held that:- While issuing the clarification as to how the Gross Profit, i.e., profit before depreciation and taxation or 'Profit before tax' or any other profit has to be arrived at, it is also clarified that for the purposes of calculation of value of .....

  • 2015 (4) TMI 815 - SUPREME COURT

    Commissioner Of Central Excise Versus M/s. Andrew Yule & Co. Ltd.

    Central Excise: Denial of benefit of Notification No.10/97 CE dated 1.3.1997 - Non fulfillment of conditions of notification - equipments supplied to research institutions or universities, etc. for research purposes as well as non commercial research purposes. - Held that:- respondents, intends to rely upon some material, which she submits has been downloaded from the web sites of the IITs, Universities, etc. to whom the goods were supplied, in order to demonstrate that the goods supplied were meant for .....

  • 2015 (4) TMI 814 - SUPREME COURT

    Union of India Versus Dharampal Satyapal Ltd And Others

    Central Excise: Withdrawal of exemption notification in the North Eastern Region from goods under Chapter 21.06 (Pan Masala) and Chapter 24 (tobacco and tobacco substitutes), including cigarettes chewing tobacco etc. - Principle of promissory estoppel - Held that:- After the filing of this appeal, certain subsequent events have taken place and as a result thereof, the issue is not even required to be adjudicated upon in the present appeal. It so happened that vide Section 154 contained in Finance Act, 2003, the.....

  • 2015 (4) TMI 813 - ANDHRA PRADESH HIGH COURT

    M/s K RAMA MOHANARAO & CO Versus UNION OF INDIA, MINISTRY OF FINANCE, NEW DELHI AND OTHERS

    Central Excise: Waiver of pre deposit - Constitutional validity of Amendment to Section 35F of the Central Excise Act, 1944 prescribing statutory pre-deposit of 7.5% / 10% and Circular No. 984/08/2014-CX - Held that:- on the date of initiation of proceedings the right to appeal also accrues on that date, as appeal is in continuation of the original proceedings. In other words, on the date of initiation of lis the aforesaid amendment was not in force. However, during the pendency of this matter the aforesaid ame.....

  • 2015 (4) TMI 812 - CESTAT NEW DELHI

    M/s. Slotco Steel Products (P) Ltd., Sh. Saurabh Khattar MD. Versus CCE. Delhi-I

    Central Excise: SSI Exemption - Clandestine removal - The appellants are engaged in manufacture and trading of excisable goods - Statements of some suppliers - Invocation Section 9D - Held that:- While the allegation of duty evasion against the appellant is based on the statements of suppliers, admittedly their cross examination has not been allowed. If the adjudicator wants to invoke clause (a) of Section 9D(1), a finding has to be given that the situations mentioned in this clause exist after hearing the appe.....

  • 2015 (4) TMI 811 - CESTAT NEW DELHI

    M/s. The India Thermit Corporation Ltd. Versus CCE, Kanpur

    Central Excise: Demand of differential duty - Classification under heading 730290 or under heading 3810 - Rate of duty - 18% or 15% - Held that:- Department s allegation that during the period from June 1998 to February 1999, the appellant while paying duty to the Department @ 15% in respect of clearances of Thermit portion had recovered from customer railways @ 18% is based only on one tender document dated 27/5/98 to M/s IRCON wherein the rate of duty applicable in respect of supplies of Thermit portion is me.....

  • 2015 (4) TMI 810 - CESTAT MUMBAI

    M/s Aquapharm Chemical Pvt Ltd Versus Commissioner Of Central Excise, Raigad

    Central Excise: 100% EOU - Concessional rate of duty - Notification No. 23/2003-CE dated 31/3/2003 - DTA Clearances - Held that:- It is clear that for the purpose of DTA sale of by-product, specific permission is not required. If LOP in respect of by-products is obtained, it is sufficient requirement for sale of by-product in DTA as envisaged in Para IV. Sale of by-products is permitted under clarification issued on 19/8/1992. On going through the LOP, we observed that the LOP was issued in respect of by-produc.....

  • 2015 (4) TMI 809 - CESTAT NEW DELHI

    Cabana Estates Pvt Ltd Versus Commissioner of Central Excise And Service Tax, Ghaziabad

    Central Excise: Waiver of pre deposit - Denial of CENVAT Credit - Non Maintenance of separate accounts - Penalty u/s 78 - Held that:- The appellant had used certain common input services in or in relation to providing of taxable and exempted service. Since they had not maintained separate accounts and inventory of the input services meant for taxable and exempted service, the department invoking Rule 6(3)(i) has demanded an amount equal to 8%/6% of the value of the exempted services i.e. 8%/6% of the rent recei.....

  • 2015 (4) TMI 775 - CESTAT NEW DELHI

    Kawatra Papers Ltd., ShriY. P. Kawatra, Himgiri Paper Enterprises, ShriJoginder Kumar Kawatra Versus CCE, Indore

    Central Excise: Clandestine removal of goods - Denial of cross examination request - principle of ejusdem genris and harmonious construction - arbitrarily rejection of the report of Institute of Paper Technology - Held that:- In this case charge of clandestine removal has been alleged against the appellants on the basis of certain records and statements of some persons relied upon were not allowed to be cross examined remained unproved. Moreover, report of the Institute of Paper Technology to determine the pr.....

  • 2015 (4) TMI 774 - CESTAT NEW DELHI

    M/s Dhanjjal Industries Versus Versus CCE, Jallandhar, CCE, Jallandhar Versus M/s Guru Nanak Crushing and vice-versa

    Central Excise: Manufacturing activity or not - Crushing of fabrics - Marketability of product - Imposition of penalty - Held that:- Process of crushing results in permanent change in the fabrics and, hence, in view of Chapter Note 4 of the Chapter 55, this process would have to be treated as amounting to manufacture, as according to the Note 4 of the Chapter 55 in relation to the products of heading 5511, 5512, 5513 and 5514 the process of bleaching, dyeing, printing, shrink briefing, stentering, heat setting,.....

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  • 2015 (4) TMI 808 - CESTAT CHENNAI

    Commissioner of Customs, Tiruchirapalli Versus M/s. Cethar Vessels

    Customs: Denial of Exemption Notification No.21/2002-Cus., dated 01.03.2002 - Whether benefit of exemption Notification would be available at the time of assessment of the goods at the port of import while filing into-bond Bill of Entry or when ex-bond Bill of Entry was filed - Held that:- Section 15 of the Customs Act, 1962 provides date for determination of rate of duty and tariff of valuation of the imported goods - Clause (b) of sub-section (1) of Section 15 provides that the rate of duty of the impo.....

  • 2015 (4) TMI 807 - CESTAT CHENNAI

    Bharat Sanchar Nigam Ltd. Versus Commissioner of Customs/Imports (Seaport), Chennai

    Customs: Challenge to assessment order - appeal made to Commissioner (Appeals) - Bar of limitation - Held that:- Following decision of REDINGTON INDIA LIMITED Versus COMMR. OF CUSTOMS (APPEALS), CHENNAI [2007 (1) TMI 190 - HIGH COURT OF JUDICATURE AT MADRAS] - appeal was filed before the Commissioner (Appeals) within the condonable period. Accordingly, we set aside the impugned orders and the matter is remanded to the Commissioner (Appeals) to decide afresh the application for condonation of delay in fil.....

  • 2015 (4) TMI 806 - CESTAT NEW DELHI

    M/s. Varbros India Pvt Ltd Versus CC, New Delhi-II

    Customs: Exemption from Customs duty under Sl. No. 56 - Notification No.25/99-CUS dated 28.02.1999 - whether specific grant of the notification can be interpreted to expand the scope of the grant when duty exemption is granted at the public cost - Held that:- If the interpretation suggested by the appellant that "degaussing coil" is" inductor" that shall defeat the spirit of the public grant and also run counter to the legislative mandate. Both goods being distinct by their character and utility and reco.....

  • 2015 (4) TMI 771 - CESTAT NEW DELHI

    CC, New Delhi Versus M/s Moradabad Charitable Trust & Health Research Centre

    Customs: Benefit of Notification No.64/88-Cus. dated 1.3.88 - medical equipment imported without payment of duty on the basis of customs duty exemption certificate issued by DGHS - The said exemption certificate was withdrawn by DGHS vide letter dated 30.8.2000 for non-fulfilment of the conditions of grant thereof - Scope of paragraph 1 and / or paragraph 2 - Held that:- For hospitals covered under paragraph 2 of the said Table if the duty exemption certificate is withdrawn by the DGHS, then on account .....

  • 2015 (4) TMI 770 - CESTAT NEW DELHI

    M/s. RPS. Clothing & Linen (P) Ltd. Versus CC. (Export), New Delhi, CC. (Export), New Delhi Versus M/s. RPS. Clothing & Linen (P) Ltd.

    Customs: Duty drawback claim - Misdeclaration of quantity and value of goods - Held that:- There was violation of provision of section 113(i) and 113(ii) of Customs Act, 1962 since there was a misdeclaration of the quantity and value of the goods with material departure to the particulars relating to quantity and value of the goods being attempted to be exported under drawback claim not corresponding in material particular with the information furnished in the export documents. Revenue s contention that .....

  • 2015 (4) TMI 769 - CESTAT KOLKATA

    RSI PVT LTD, SRI GD BHAIYA (DIRECTOR), SRI SACHIN BHAIYA (EX DIRECTOR), SRI ND BHAIYA (DIRECTOR), SRI MRIDULA BHAIYA (EX DIRECTOR), SRI ALOK KUMAR (AUTHORISED REP) AND SIGNATOR Versus COMMISSIONER OF CUSTOMS (PORT), KOLKATA

    Customs: Waiver of pre deposit - 100% EOU - Diversion of inputs to domestic market - Held that:- EOP granted to the Appellant is extended upto 31/03/2009 which is further extended to another six months. In the meantime, the company became sick and got registered with BIFR and their application for further extension of EOP is pending before the DGFT. As these facts were not before the Ld. Commissioner and the plea of the applicant/appellant that the entire fact was in the knowledge of DGFT and it is not n.....

  • 2015 (4) TMI 731 - CALCUTTA HIGH COURT

    Srikant Bagla Versus Commissioner of Customs & Ors.

    Customs: Demages for prolonged detention of goods - Delay in testing of goods - Import of hazardous goods - permission was given by the Indian authorities to the petitioner to re-export the goods - Damages in form of rent and de murrage charges - Held that:- Petitioner did not respond to the letter of the customs to store the goods under Section 49 of the customs Act, 1962. Petitioner did not even deposit the charges of the National Test House which could have tested the goods in Kolkata. Having not rece.....

  • 2015 (4) TMI 730 - CESTAT CHENNAI

    Commissioner of Customs (Exports), Chennai Versus Akbar Knitting Company

    Customs: Demand of interest - respondents admitted duty liability and contested only the interest - violation of conditions of DEEC Advance Licences - import of Polyurethane Spandex Yarn/Lykra - Notification No.204/92-Cus. dt. 19.5.92 - Held that:- Apex court in the order [2008 (3) TMI 8 - SUPREME COURT] has referred and considered the decision of Hon. Bombay High Court of Pratibha Syntex case; By virtue of above High Court and Supreme Court orders, the demand of interest for non-fulfilment of condition .....

  • 2015 (4) TMI 729 - CESTAT MUMBAI

    Nippon Leakless Talbros Pvt Ltd Versus Commissioner of Customs (Imports), Mumbai

    Customs: Denial of refund claim - whether unjust enrichment is applicable or otherwise - finalization of provisional assessment. - Held that:- The appellant seeking refund of Revenue deposit paid during provisional assessment. On finalization of bill of entry there is no variations in the custom duty which was assessed provisionally and therefore the amount of 1% Revenue deposit become refundable. On the issue whether this refund has to pass through the test of unjust enrichment, I agree with Ld. A.R., t.....

  • 2015 (4) TMI 688 - SUPREME COURT

    Mohan Lal Versus State of Rajasthan

    Customs: Conviction under Section 18 of the Narcotic Drugs and Psychotropic Substances Act 1985 - Offence punishable under Sections 457 and 380 of the Indian Penal Code - Assessee broke open the lock of the malkhana of the Court and stolen the opium - accused appellant led to discovery - Held that:- the term “possession” for the purpose of Section 18 of the NDPS Act could mean physical possession with animus, custody or dominion over the prohibited substance with animus or even exercise of dominion and c.....

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  • 2015 (4) TMI 820 - GUJARAT HIGH COURT

    WELSPUN CORP LTD THROUGH PRASHANT PANDYA PRESIDENT Versus STATE OF GUJARAT & 2

    VAT and Sales Tax: Levy of tax with retrospective effect - Held that:- petitioner that the petitioner company started its factory at Anjar in the year 2004 and even obtained the sales tax registration in the year 2004 and therefore, they are not liable to pay the tax for the period prior to 2004. However, for the aforesaid, the petitioner is required to place relevant material before the appropriate Authority and the appropriate Authority is required to be satisfied with respect to the date on which the petitioner.....

  • 2015 (4) TMI 819 - RAJASTHAN HIGH COURT

    Addl. Commissioner (Legal), Commercial Taxes, Rajasthan, Jaipur Versus M/s Taluka Tent Decorators

    VAT and Sales Tax: Whether the renting out of tents, cutlery, furnitures and carpets by a “tent house” is covered by the definition of sale in Section 2(35)(IV) of the Rajasthan Value Added Tax Act, 2003 and exigible to VAT levied under the Act of 2003 - Held that:- Even transfer of the right to use goods for any purpose (whether or not for a specified period) for cash, deferred payment or other valuable consideration; can fall within the definition of sale. It also prescribes that transfer of property and goods .....

  • 2015 (4) TMI 818 - RAJASTHAN HIGH COURT

    Assistant Commercial Taxes Officer Versus M/s Gora Mal Hari Ram Limited, Kotputali

    VAT and Sales Tax: Imposition of penalty u/s 78(5) of RVAT Act - Evasion of duty - Held that:- Penalty has rightly been imposed by the learned AO and both the lower authorities i.e. DC(A) and Tax Board were not justified in deleting the penalty, in the light of the judgment of Apex Court rendered in the case of M/s Guljag Industries (2007 (8) TMI 344 - SUPREME Court) wherein it has categorically been observed by the Hon'ble Apex Court that if there is a blank declaration Form or material particulars have been .....

  • 2015 (4) TMI 817 - KARNATAKA HIGH COURT

    M/s Wipro Enterprises Ltd (Formerly Part of M/s Wipro Ltd) Versus The State of Karnataka, Represented By The Commissioner of Commercial Taxes

    VAT and Sales Tax: Denial of input tax credit - Sale of furniture to third parties - Held that:- assessee has produced at Annexure-15, the particulars which according to the assessing authority was required to be furnished. Those particulars were not taken into consideration by the First Appellate Authority while passing the impugned order. Same mistake is committed by the Tribunal also. Both the appellate authorities proceeded on the assumption that no documents are produced, which they can take note of to consid.....

  • 2015 (4) TMI 784 - PUNJAB AND HARYANA HIGH COURT

    CHD Developers Limited, Karnal Versus The State of Haryana And Others

    VAT and Sales Tax: Inclusion of value of land for charging Value Added Tax - development and sale of apartments/flats/units - Constitutional validity of Explanation (i) to Section 2(1)(zg) of the Haryana Value Added Tax Act, 2003 and Rule 25 (2) of the Haryana Value Added Tax Rules, 2003 - Violation of Article 246 of the Constitution of India read with Schedule VII, List II, Entry 54 - Claim of refund the tax already paid in so far as it related to the value of materials sought to be charged to VAT. Held that:-.....

  • 2015 (4) TMI 779 - GUJARAT HIGH COURT

    State of Gujarat Versus Cosmos International Ltd.

    VAT and Sales Tax: Adjustment of carried forward input tax credit - Whether the learned Tribunal has committed any error in declaring and holding that an assessee/dealer is entitled to the Input Tax Credit adjustment against its output tax liability under the VAT Act under the current year under consideration and whether the learned Tribunal has committed any error in quashing and setting aside the order passed by the Assessing Officer as well as the first Appellate Authority in directing to carry forward such Inp.....

  • 2015 (4) TMI 778 - GUJARAT HIGH COURT

    SCRAP RECYCLING PRIVATE LIMITED Versus STATE OF GUJARAT & 2

    VAT and Sales Tax: Cancellation of registration - exercise of the powers under section 27 - no show cause notice had been issued - held that:- Even, section 27(5)(i) of the Act provides that before cancelling the registration certificate ab initio, an opportunity of hearing is required to be given to the concerned person whose registration certificate is sought to be cancelled ab initio. Under the circumstances, the order passed by the first authority cancelling the registration certificate ab initio can be said t.....

  • 2015 (4) TMI 777 - GUJARAT HIGH COURT

    KATARIA AUTOMOBILES PVT. LTD Versus STATE OF GUJARAT

    VAT and Sales Tax: Whether in the facts and circumstances of the case, the Appellate Tribunal erred in holding that the transaction of exchange of goods by the Appellate to the consumers during the Warranty Period amounts to sale and consequent levy of VAT under the provisions of the Gujarat Value Added Tax Act, 2003 - Held that:- Tribunal has confirmed the imposition of tax and interest on sales of parts during the warranty period of motor cars and tax element is to be deducted from the credit notes received for .....

  • 2015 (4) TMI 776 - PATNA HIGH COURT

    Tata International Ltd Versus State of Bihar Through Commissioner of Commercial Taxes And Others

    VAT and Sales Tax: Rejection of application for issuance of Form-C filed electronically - Held that:- The issuance of Form-C and Form-F is required under the provisions of the Central Sales Tax Act so that the dealer may be entitled to the benefit of the lower rate of tax with respect to sales made in the course of inter-State trade or commerce with regard to goods, which have been declared to be of special importance in the inter-State trade or commerce under the provisions of the Central Sales Tax Act. Under Sec.....

  • 2015 (4) TMI 743 - MADRAS HIGH COURT

    M/s. Sun Paper Mill Public Ltd. Versus The Commercial Tax Officer

    VAT and Sales Tax: Demand of differential duty - Violation of principle of natural justice - No show cause notice issued - Held that:- Court more pertinently points out the original reply dated 19.03.2014 and for the subsequent reply dated 18.07.2014 given by the Petitioner, addressed to the Respondent, the Respondent has not provided the detailed working sheet in respect of difference of tax of ₹ 99,14,199.01, claimed by the Department. In effect, it is candidly clear that the respondent till date had not c.....

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  • 2015 (4) TMI 805 - COMPANY LAW BOARD MUMBAI

    Life Insurance Corporation of India Ltd. Versus M/s Tata Steel Ltd. & Ors.

    Corporate Laws: Rectification of register of members u/s 59 of the Companies Act, 2013 - Bar of limitation - Held that:- The record reveals that the Respondent No. 1 Company vide its letter dated 31/03/2011 had advised the Petitioner/appellant to approach the competent forum for redressal of its grievances, and therefore, the cause of action lastly arose in the month of March 2011. From perusal of Section 111(4) of the Act, it is noted that the said provision although does not specifically provide the period o.....

  • 2015 (4) TMI 768 - COMPANY LAW BOARD NEW DELHI

    Sajal Dutta & Others Versus Ruby General Hospital Ltd. & Others

    Corporate Laws: Issue and allotment of equity shares - Charges of Oppression and mis-management u/s 397 & 398 of the Companies Act, 1956 - Held that:- Fact of the matter is Sajal moved writ after writ to stall kamal getting shares issued to the medical equipment, and he has remained successful in halting shares going to Kamal to the equipment till date from 1996. I should not now say separately when the Honorable Supreme Court itself held that Hospital was inaugurated with the equipment come from Kamal, in fact.....

  • 2015 (4) TMI 728 - CALCUTTA HIGH COURT

    VENUS CONTROLS AND SWITCH GEAR PVT. LTD. Versus GE INDIA INDUSTRIAL PVT. LTD.

    Corporate Laws: Default in repayment of outstanding amount - Winding up petition - authenticity of the e-mails - Held that:- The contemporaneous correspondence annexed to the affidavit-in-opposition are in dispute. Such dispute could not be effectively dealt with by the company in their subsequent pleadings. The learned advocate while giving reply to the statutory notice of admission did not make a mention of the e-mails. Even if we accept the authenticity of the e-mails, it would not specifically raise any co.....

  • 2015 (4) TMI 685 - RAJASTHAN HIGH COURT

    M/s. Jindal Securities Pvt. Ltd. & Ors Versus Sistema Shyam Teleservices Ltd. & Ors

    Corporate Laws: Failed to listing of shares in the stock exchanges - Breach of directions issued under scheme of arrangement approved under section 391(2) read with section 394 of the Companies Act, 1956 - Minority shareholder seeking exit option - Held that:- In the case of Babu Singh [2007 (11) TMI 589 - SUPREME COURT], the Hon’ble Apex Court has observed that even though the inherent powers of the Court are very wide their exercise must emanate logically from the underlying legal findings and the “judicial r.....

  • 2015 (4) TMI 640 - COMPANY LAW BOARD MUMBAI

    3A Capital Services Ltd. Versus HMG Industries Ltd. (R-1)

    Corporate Laws: Rejection to Registration / Transfer of Preference shares - Rectification in member's shares register - Period of limitation - Not sufficient cause for rejection - Held that:- It is a settled law that, if no limitation period is prescribed, in that case Article 137 of the Limitation Act shall be applicable. Therefore, in terms of Article 137 of the Limitation Act, 3 years period with effect from the date of cause of action would be available for an aggrieved party to approach the CLB for rel.....

  • 2015 (4) TMI 558 - SECURITIES APPELLATE TRIBUNAL MUMBAI

    Akriti Global Traders Ltd. Versus Securities and Exchange Board of India and Others.

    Corporate Laws: Penalty for violation of regulation 29(1),29(2) & 29(3) of the SEBI SAST (Substantial Acquisition of Shares and Takeovers) Regulations, 2011 - Violation of regulation 13(1),13(3) read with regulation 13(5) of the SEBI PIT (Prevention of Insider Trading) Regulations, 1992 - Delay in disclosures - Held that:- In the present case, appellant holding 4.71% shares of SRS received additional shares of SRS on account of amalgamation and it is not in dispute that on receiving those shares, the holding of.....

  • 2015 (4) TMI 517 - SECURITIES APPELLATE TRIBUNAL MUMBAI

    M/s. AG. Shares & Securities Ltd. Versus Securities and Exchange Board of India and Others.

    Corporate Laws: Recovery certificate issued by SEBI on the basis of provisional liability - Notice to NSE to adjust from the deposit of the appellant - Held that:- Basic grievance of the appellant is that the recovery certificate has been issued on the basis of provisional liability statement dated August 25, 2004 and without considering the auditors certificate furnished on April 5, 2002 and again on April 30, 2004. Since SEBI has issued fee liability statement on March 14, 2005 and April 20, 2005 subsequent t.....

  • 2015 (4) TMI 483 - SECURITIES APPELLATE TRIBUNAL MUMBAI

    Virendrakumar Jayantilal Patel Versus Securities & Exchange Board of India

    Corporate Laws: Penalty for Violation of regulation 13(3) of Securities and Exchange Board of India PIT (Prohibition of Insider Trading) Regulations, 1992 - Violation of regulation 29(2) of Securities and Exchange Board of India (Substantial Acquisition of Shares & Takeovers) Regulations, 2011 - Delay in making the relevant disclosures - Physical disability such as blindness can not be a excuse to escape from penal liability. Held that:- Penalty for delay in making disclosures under Section 15A(b) of SEBI Ac.....

  • 2015 (4) TMI 448 - ANDHRA PRADESH HIGH COURT

    In re (No. 2) : Satyam Computer Services Ltd.

    Corporate Laws: Application for approval of scheme of amalgamation and arrangement - Creditors objection regarding not complying provision of section 391 and 394 of the Companies act, Unsecured creditors meeting not held - Application for winding up - Objection by minor shareholders - Report of Regional Director & Liquidator - Held that:- I feel the failure to call a meeting of the unsecured creditors even assuming for a moment that the debts are genuine is not fatal and is no ground to refuse the scheme of ama.....

  • 2015 (4) TMI 414 - SUPREME COURT OF INDIA

    S. SATYANARAYANA Versus ENERGO MASCH POWER ENGINEERING & CONSULTING PVT. LTD. & ORS.

    Corporate Laws: Appeal against order of high court to quashed the proceedings - Power of Special Courts - Cognizance of the offences under Sections 120B and 420 of the IPC or Section 621 of the Companies Act - Multiplicity of proceedings - Held that:- AS can be seen from the complaint the allegations are that the accused conspired with each other to cheat the complainant and a series of transactions gave rise to offence under Section 120B read with Section 420 of the Indian Penal Code as also Section 628 of t.....

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  • 2015 (4) TMI 639 - KERALA HIGH COURT

    AV. Francis @ Francis Alukka Versus Assistant Director, Directorate of Enforcement, Cochin

    FEMA: Imposition of penalty - prohibition of any payment into a credit of a resident outside India except with general or special permission of the Reserve Bank of India - Held that:- Admittedly, the payment was made in India towards customs duty payable by the non-resident Indian while importing the car. The adjudicatory authority with reference to notification No.16/2000, dated 03/05/2000 held that only certain payments are allowed to be made in favour of a resident outside India during his stay in .....

  • 2015 (4) TMI 232 - MADRAS HIGH COURT

    Lalchand Versus Enforcement Directorate

    FEMA: Contravention of Section 9 (1) (b) and (d) of the Foreign Exchange Regulation Act, 1973 - Penalty u/s 50 - Criminal prosecution for Economic Offences - Economic Offences Court acquitted the appellant holding that the prosecution has not proved the guilt of the appellant beyond all reasonable doubt - Imposition of pre deposit condition for hearing appeal against imposition of penalty - Held that:- In view of the decision of the Supreme Court in Standard Chartered Bank's case (2006 (2) TMI 272.....

  • 2015 (3) TMI 687 - DELHI HIGH COURT

    Sanjay Malviya Versus RK. Rawal, CEO, Enforcement Directorate

    FEMA: Misuse of telephone line - one ISDN line was made a permanent channel at each of the above premises and thereafter by using sophisticated equipment international calls were being distributed to Delhi & nearby areas illegally through PSTN (Public Switch Telephone Network) - One ISDN line has a bandwidth of 144 Kbps and this bandwidth was misused to make about 24 voice calls in one single ISDN call, which caused loss equivalent to the charges for 22 lSD calls to the Govt. of India in terms of fore.....

  • 2015 (2) TMI 1044 - MADRAS HIGH COURT

    Lalchand Versus Enforcement Directorate

    FEMA: Contravention of Section 9 (1) (b) and (d) of the Foreign Exchange Regulation Act, 1973 - Whether in a case where an offence was punishable with a mandatory sentence of imprisonment, a company incorporated under the Companies Act, can be prosecuted, as the sentence of imprisonment cannot be imposed on the company? - Held that:- In view of the decision of the Supreme Court in Standard Chartered Bank's case (2006 (2) TMI 272 - SUPREME COURT OF INDIA), which has also been rendered under the pr.....

  • 2015 (2) TMI 460 - APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, NEW DELHI

    TRIVENI CARPETS INDUSTRIES Versus ENFORCEMENT DIRECTORATE

    FEMA: Imposition of penalty jointly and severally - failure to take reasonable steps for repatriation of export proceeds of US $ 23580.02 in respect of goods exported under 3 GRIs - Held that:- While going through the order of penalty, I have noted that there is hardly any discussion on the role of the partners that led to non-realisation of the export proceeds of the 3 GRs and the ld. adjudicating officer has not arrived at any finding to show that the partners were responsible for non-realisation of.....

  • 2015 (2) TMI 415 - APPELLATE TRIBUNAL FOR FOREIGN EXCHANGE, NEW DELHI

    SAMPATRAJ R. SETH Versus SPECIAL DIRECTOR, ENFORCEMENT DIRECTORATE

    FEMA: Contravention of the provisions of Section 9(1)(b), 9(1)(d) and Section 64(2) r/w Section 9(1)(d) of Foreign Exchange Regulation Act, 1973 - Imposition of personal penalty - violation under Section 51 of FERA, 1973 - whether the adjudicating authority has given the appellant an opportunity of cross-examining the mahazar witnesses and the person who recorded the voluntary statement of the appellant - Held that:- Sh. Kiran S. Javali, Counsel for the appellant chose not to pursue the cross-examinat.....

  • 2015 (2) TMI 374 - CALCUTTA HIGH COURT

    BIMAL KUMAR KHERIA Versus ASSITT. DIRECTOR, DIRECTORATE OF ENFORCEMENT

    FEMA: Seizure of currency - cash balance found from factory premises - Held that:- Currency notes constitute property of the petitioner within the meaning of Article 300A of the Constitution of India. No person can be deprived of his property save by authority of Law. There is no explanation at all as to the circumstances in which the property of the petitioner has been seized. - writ application is disposed of by directing the respondents-authorities to return the cash seized on February 22, 2011 alo.....

  • 2015 (2) TMI 334 - GUJARAT HIGH COURT

    SHWETA PARK CO-OPERATIVE HSG. SOCIETY LTD. & 2 Versus UNION OF INDIA & 2

    FEMA: Proceedings for forfeiture of her property under SAFEMA - Removal of superstructure of property - Forfeiture of property - Ownership of property - Society opposed request of CGOVT for entering its property in its name that a member of the Society is only the owner of the superstructure, the ownership of the land always remains with the Society, and further that in view of Section 22 of the Gujarat Cooperative Society Act, the Central Government cannot be a member of the Cooperative Society - Hel.....

  • 2015 (2) TMI 296 - ALLAHABAD HIGH COURT

    Union of India Versus Dr. Dodamgoda Rewatha Thero

    FEMA: Condonation of delay - Held that:- A perusal of the averments made in the application moved by the appellant seeking condonation of delay in filing the appeal goes to show that the averments made in the application reflects that the explanation is wholly inadequate and unsatisfactory - Under Section 35 of FEMA, appeal against the decision or order of the Appellate Tribunal may be filed in the High Court within sixty days from the date of communication of the decision or order of the Appellate Tr.....

  • 2015 (2) TMI 260 - DELHI HIGH COURT

    Pinky Sharma Versus Union of India

    FEMA: Quashment of the detention order passed under Section 3(1) (i) & 3 (1) (iii) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 against Mr. Rameshwar Sharma (detenue), the petitioner’s husband, and a direction to set at liberty the detenue from detention - Held that:- In the matter at hand, after the alleged seizure of red sanders from possession and custody of the detenue on 28/29.09.2013, and conduct of investigation, the complaint was filed under Section .....

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  • 2015 (4) TMI 692 - ALLAHABAD HIGH COURT

    Dcm Shriram Ltd. Thru. Vice President & General Attorney & Anr Versus State Of UP. Thru. Its Prin. Secy. Excise Deptt. & 5 Ors.

    Misc: Application for interim relief - Validity of Order passed by Excise authority - Violation of provisions of rules and regulations under Uttar Pradesh Sheera Niyantran Adhiniyam - Prospective effect or retrospective effect - Review of own previous judgment - Held that:- earlier reservation for 2012-13 of 20% of the product of molasses was to continue till a new policy was promulgated, which in the present case has been done on 14.8.2014. Learned Standing Counsel, on the other hand, contends that t.....

  • 2015 (4) TMI 663 - DELHI HIGH COURT

    RAJENDER SINGH Versus STATE BANK OF INDIA

    Misc: Charges of misconduct - Dismissal from service - Misbehaviour with female employee of the bank - Held that:- decision of the Tribunal cannot be faulted. In Jai Krishna Mandal (2010 (8) TMI 889 - SUPREME COURT), it was an admitted position that there was "deep enmity" between the family of prosecutrix and the appellants therein on account of a dispute over a piece of land. The prosecutrix had alleged that she had been raped by the appellants and one other person. The medical report and the eviden.....

  • 2015 (4) TMI 611 - ALLAHABAD HIGH COURT

    Dwarikesh Sugar Industries Ltd Versus State of UP & ors

    Misc: Validity of Molasses Policy 2011-12 - Maintenance of ratio of the stocks of reserved and unreserved quantities of molasses - Held that:- observation made by the Division Bench in the judgment in M/s Triveni Engineering & Industries Ltd and another vs. State of UP & another (2011 (3) TMI 1526 - ALLAHABAD HIGH COURT) relating to maintenance of ratio and reserving the percentage of molasses in favour of distilleries and for maintenance of the ratio, were out of context and were totally out of place.....

  • 2015 (4) TMI 482 - SECURITIES APPELLATE TRIBUNAL MUMBAI

    Angel Broking Private Limited Versus Securities and Exchange Board of India

    Misc: Violation of Regulation 3(a), 4(1) and 4(2)(a),(b),(e) and (g) of SEBI PFUTP (Prohibition of Fraudulent and Unfair Trade Practices Relating to Securities Market) Regulations, 2003 - Violation of Regulation 7 read with Clause A(1), A(3), A(4) and A(5) of Code of Conduct for Stock Brokers under SEBI (Stock-Brokers and Sub-Brokers) Regulations, 1992 - Self trading - Shares purchased at higher price and sold at lower price. Held that:- Regarding submissions of Appellant that price of scrip of SGW.....

  • 2015 (4) TMI 377 - COMPETITION COMMISSION OF INDIA

    Samundra Sain Versus Hyundai Co. Ltd.

    Misc: Contravention of provisions related to car maintenance and repairing services - Section 19(1)(a) of the Competition Act, 2002 - Held that:- The Commission has perused the information available on record including written submissions and heard the counsel of the Informant. The Commission notes that the matter is related to deficiency in services provided by OP 3 and OP 4 in repairing the engine of the car owned by an individual. Therefore, in the opinion of the Commission the subject matter of th.....

  • 2015 (4) TMI 343 - COMPETITION COMMISSION OF INDIA

    Dr. Biswanath Prasad Singh Versus Director General of Health Services

    Misc: Revision of package rates applicable under Central Government Health Scheme (CGHS) - Different rates of reimbursement to the private hospitals based on their accreditation with National Accreditation Board for Hospitals (NABH) - Indulging in unfair trade practice - Contravention of provisions of Section 3 and 4 of Competition Act ,2002 - Held that:- The activities performed by the above said entities cannot be covered under the definition of enterprises in terms of Section 2(h) of the Act as .....

  • 2015 (4) TMI 306 - COMPETITION COMMISSION OF INDIA

    Om Datt Sharma Versus Adidas AG

    Misc: Discriminatory conditions in franchisee agreement for sale of premium sports goods - Contravention of provisions of Section 4 of the Competition Act - Denial to collect unsold goods - Held that:- The Commission finds two fundamental flaws in the allegations made by the Informant. Firstly, 'the Agreement' which was termed as unfair and arbitrary was entered into in 2003 when the alleged dominant group had not even come into existence. Secondly, even if the submission of the Informant rega.....

  • 2015 (4) TMI 281 - RAJASTHAN HIGH COURT

    M/s Red Elan Distributors pvt. Ltd. Versus Commissioner, Excise Department and Another

    Misc: Debarring of petitioner from dealing with excise department of the State in any manner for a period of five years - business of foreign liquor - Balcklisting of petitioner - held that:- Excise Commissioner was satisfied with the fact that the petitioners have obtained the label registration on the basis of false affidavit and forged documents and accordingly debarred them from dealing with the excise department of the State of Rajasthan in any manner for a period of five years. It is on that ba.....

  • 2015 (4) TMI 272 - PUNJAB AND HARYANA HIGH COURT

    Jaswinder Singh Versus Union of India Rajinder Kumar & Hari Mohan Versus Chandigarh Administration

    Misc: Refusal of the Comptroller and Auditor General of India (CAG) to maintain the GPF accounts of the employees of the College - altering of service conditions - Held that:- the petitioners were employees of the Chandigarh Administration and as a sequitur the office of the CAG was duty-bound to maintain the accounts including the GPF accounts. The circumstances under which the College attained the status of a deemed University and thereafter its functioning was put under a registered society form a .....

  • 2015 (4) TMI 271 - COMPETITION COMMISSION OF INDIA

    TAQA India Power Ventures (P.) Ltd., In re

    Misc: Acquisition of power company - Regulation 14 of the Competition Commission of India (Procedure in regard to the transaction of business relating to combinations) Regulations, 2011 - Held that:- It is observed that as the Acquirers have only a small presence in power generation in India, the proposed acquisition of the Target SPVs by the Acquirers, is not likely to have any appreciable adverse effect on competition in India. Considering the facts on record and the details provided in the notic.....

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Jiva Seva is Shiva Seva :
Service to humanity is Service to God

May I be born again and again, and suffer thousands of miseries so that I may worship the only God that exists, the only God I believe in, the sum total of all souls—and above all, my God the wicked, my God the miserable, my God the poor of all races, of all species, is the special object of my worship.

- Swami Vivekananda, CW, 5:137
 
 
 
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