2016 (5) TMI 44 - ITAT MUMBAI
M/s Synergy Art Foundation Limited Versus Dy. Commissioner of Inccome Tax, Central Circle-44, Mumbai
Income Tax: Addition u/s 40A(2)(b) - excessive and unreasonable payments to the directors - Held that:- No cogent materials was brought on record by the AO or by the CIT(A) to prove that the payment was excessive and unreasonable to the directors of the assessee to whom the payments were made equal to 30% total advisory fee received by the assessee of ₹ 73,66,218 from Yatra Art Fund. The provision of section 40A (2) are very clear that the disallowance.....
2016 (5) TMI 43 - ITAT MUMBAI
Income tax Officer-10 (3) 2, Mumbai Versus Jinit Properties Pvt. Ltd.
Income Tax: Addition u/s 68 - subscription of share capital received during the year - Revenue contended that assessee had not produced the directors of the company, that SEBI had made enquiries in the case of RGTPL, HTCPL and YVJL, that they were found to be indulged in price rigging - Held that:- We find that the assessee had filed copies of income tax returns, directors reports, confirmations and affidavits of the directors of all the three subscribers. .....
2016 (5) TMI 42 - BOMBAY HIGH COURT
The Commissioner of Income Tax Versus M/s. DCW Ltd.
Income Tax: Depreciation on the new Turbine Generator (TG) set - Tribunal allowed claim at full rate i.e. 80% by relying on the internal minutes of the meeting between the assessee and the erectors i.e. TEIL Ltd. - Held that:- We find that the impugned order of the Tribunal has on the basis of the minutes of the meeting held on 17th November, 2006 found that the TG set is running smoothly and satisfactorily at a load of 1100KW. Further the log sheets maintai.....
2016 (5) TMI 41 - MADRAS HIGH COURT
M/s. Macro Marvel Projects Ltd. Versus Assistant Commissioner of Income Tax, Company Circle-IV (1) , Chennai
Income Tax: Amount of repayment - whether not liable to be deducted in computing the income in the year of receipt itself? - whether Tribunal is right in law in holding that only 1/5th of the amount can be claimed as deduction in each of the five years? - Held that:- As rightly pointed out by the Commissioner of Income Tax (Appeals), the buyer of a plot of land was issued with a bank guarantee, so that the cost of the plot paid by him is repaid by the bank, .....
2016 (5) TMI 40 - ITAT MUMBAI
PPG Coatings India Private Limited (Now merged with PPG Asian Paints Private Limited) Versus Dy. CIT Circle-9 (2) Mumbai
Income Tax: Transfer pricing adjustment - Held that:- The object of the TP provisions is to make adjustment if it is found that the international transactions were not at Arm’s length. The provisions were not incorporated to make adjustment at any cost and ignoring the basic facts. If the correct figure of GP margin is taken it works out to 19. 35%. The assessee’s gross margin(28. 45%) is higher than the margin of 19. 35% of the comparables. Therefore in our.....
2016 (5) TMI 39 - ITAT MUMBAI
M/s. Petrochem Middle East India Pvt. Ltd., Dy. CIT-8 (2) , Mumbai Versus Dy. CIT-8 (2) , Mumbai, M/s. Petrochem Middle East India Pvt. Ltd.
Income Tax: Addition on account of undervaluation of equity shares considered as deemed loan and interest computed thereon - Held that:- The issue stands covered in favour of the assessee by the judgment of the Hon’ble Jurisdictional High Court, delivered in the case of Vodafone India Services Pvt. Ltd. (2014 (11) TMI 881 - BOMBAY HIGH COURT ) held that the issue of shares at a premium by the petitioners to its non -resident holding company does not give ris.....
2016 (5) TMI 38 - ITAT DELHI
DDIT (E) , Inv. Circle II, New Delhi Versus Quality Council of India
Income Tax: Registration u/s 12A denied - nature of activity - profit motive - When the assessment is carried out by QCI, the assessed body is required to pay assessment fee to the assessee based on the cost incurred. - Held that:- No hesitation in holding that the Assessing Officer was wrong in coming to a conclusion that the assessee activities are in the nature of trade, business or commerce or that the assessee was rendering any service in relation to s.....
2016 (5) TMI 37 - ITAT DELHI
ACIT Central Circle-8, New Delhi Versus Zoom Communication Ltd.
Income Tax: TDS u/s 194C - payments to camera attendants engaged on 'ad-hoc' basis for a day or two or as and when required basis - Held that:- The payments to the persons engaged on 'ad-hoc' basis do not fall within the expression 'work' for the purposes of section 194C of the I.T. Act, 1961. The appellant has incurred the impugned expenditure on account of engaging some camera attendants on ad-hoc basis i.e. for a day or two or as and when required basis. .....
2016 (5) TMI 36 - ITAT HYDERABAD
Mahavir Ispat Private Ltd. Versus The Income Tax Officer, Hyderabad
Income Tax: Penalty u/s. 271(1)(c) - undisclosed share application money introduced - Held that:- As can be seen from the order of the AO as well as CIT(A) in the assessment proceedings, the entire share application money in this Private Limited company was from the Directors or from their minor children. The proceedings were also consequent to search operations conducted in that group. Still AO records that assessee has not proved the genuineness of credito.....
2016 (5) TMI 35 - ORISSA HIGH COURT
Sri Suru Bhaskar Rao Versus Commissioner of Income Tax, Orissa, Bhubaneswar and another
Income Tax: Clubbing of income of a daughter at the hands of her father - Held that:- Section 64 of the Act purportedly directs for computing income of individual where income of wife be included. Section 64A of the Act also enshrines about clubbing of income of minor child with income of father under individual category if it is not derived from his (minor) manual work or activity concerning minor’s skill, talent and likewise. So even if for argument sake i.....
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2016 (5) TMI 14 - ITAT VISAKHAPATNAM
ACIT, Circle-1 (1) , Vijayawada Versus Thatavarthi Chandrasekhara Rao
Wealth tax: Inclusion of Agricultural lands for the purpose of wealth tax - A.O. was of the opinion that though, the lands are agricultural lands, they are situated within the 8 kms. from the local limits of the municipality, therefore, liable for wealth tax - contention of the assessee that the lands are classified as agricultural lands and also used for agricultural purpose as per the revenue records of the Government - Held that:- We find force in the a.....
2016 (4) TMI 1114 - ITAT DELHI
WTO Ward-6 (4) New Delhi Versus Mid Air Properties Pvt. Ltd.
Wealth tax: Basis of valuation - determination of value of assets - Held that:- In this case, the assessee has produced all the records including the agreement between the API & that the assessee company, the confirmation as well as the affidavit categorically stated that the land was only acquired by the assessee company and the same will be given only to API & for that ₹ 20,000/- per acre will be given to the assessee company by API. This fact was n.....
2016 (4) TMI 941 - ITAT DELHI
Wealth Tax Officer, Ward-2, Fatehabad Versus Shri Kulbir Singh & Rajinder Singh, S/o Shri Mangal Singh, L/Hs of late Smt. Thakur Kaur, D/o Late Shri Ram Singh
Wealth tax: Agriculture land situated within the limits of Municipal Corporation of Amritsar - whether CWT(A) has erred in holding that the agriculture land situated within the limits of Municipal Corporation of Amritsar is not taxable thereby allowing the relief by ignoring the provisions of section 2(ea) of the Wealth-tax Act whereby w.e.f. 1.4.93, the urban land is included in the definition of “assets”? - Held that:- As per proviso to clause (b) of Secti.....
2016 (4) TMI 896 - ITAT BANGALORE
M/s. Triad Resorts & Hotels P. Ltd., M/s. Noorani Properties P. Ltd., M/s. Verde Developers P. Ltd. Versus Wealth-tax Officer, Ward 12 (2) , Bangalore
Wealth tax: Computation of net wealth of the assessee-company - whether the lands, which are undisputedly urban land within the meaning of provisions of 2(e)(a) of the Act, which are subject matter of JDA can be included in the net wealth of the assessee-company ? - Held that:- It is settled principle of law that the finding in income-tax proceedings is not relevant for the purpose of wealth-tax proceedings but the crucial facts to be noticed in this case is.....
2016 (4) TMI 848 - ITAT PUNE
The Assistant Commissioner of Wealth Tax, Circle – 1, Jalgaon (Maharashtra) Versus Shri Pradeep Dinkar Nehete
Wealth tax: Reference the matter to the DVO for proper valuation of the properties - Whether the Commissioner of Wealth Tax (Appeals) has erred in placing reliance on the valuation given by the assessee in the return based on Govt. ready reckoner by rejecting the valuation given by the Approved Valuer? - Held that:- No error has been committed by the Commissioner of Wealth Tax (Appeals) in directing the Assessing Officer to obtain the report of DVO to ascert.....
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2016 (5) TMI 13 - CESTAT NEW DELHI
Kamal Rub Plast Industries P Ltd. Versus CCE-Delhi-iii
Service Tax: Admissibility of Cenvat credit for the period April 2011 February 2012- Service tax paid on construction services - Department contended that as the services have been used for construction of building which is neither for finished goods nor output services, but the output being property, the credit is not admissible. Also from 01.04.2011 the service of construction of a building for civil structure or part thereof has been specifically excluded .....
2016 (5) TMI 12 - RAJASTHAN HIGH COURT
Commissioner Central Excise Commissionerate, Jaipur Versus National Engineering Industries Ltd.
Service Tax: Cenvat credit - Common Input services belongs to three units but the whole of the credit was availed at one unit - Assessee contended that the units may be situated at different places but are under the common management and the Cenvat Credit has rightly been claimed. - Held that:- no substantial question of law arise out of the order of the Tribunal and the Tribunal has rightly found that all the three units had a common management and no contra.....
2016 (4) TMI 1113 - PUNJAB AND HARYANA HIGH COURT
M/s Mittal Construction Co. Versus Commissioner of Central Excise, Central Excise House, Ludhiana, Punjab
Service Tax: Validity of order passed ex-parte - Violation of principles of natural justice - Demand of Service tax - Invokation of extended period of limitation - Appellant provided services of protection, pipe laying using trenching/trenchless, reinstatement of trench, OFC cable blowing including other associated works to its clients - Appellant contended that it had carried out substantial part of work prior to levy of service tax and thus, there was no qu.....
2016 (4) TMI 1079 - CESTAT NEW DELHI
M/s D.D. International Pvt. Ltd. Versus CST, Delhi
Service Tax: Waiver of pre-deposit - Violation of the provisions of Section 35F of Central Excise Act, 1944 - Appellant neither filed stay application nor made pre-deposit - Demand alongwith interest and penalty confirmed on the ground that the appellant was not eligible for the benefit of exemption Notification No. 18/2009-ST dated 7.7.2009 - Appellant contended that it satisfied all the conditions of Notification No. 18/2009 except that it did not file EXP-.....
2016 (4) TMI 1078 - DELHI HIGH COURT
Ebiz. Com Pvt. Ltd. Versus Union Of India & Anr.
Service Tax: Seeking declaration that the search conducted and summons issued to be illegal and ultra vires to the provisions of the Finance Act, 1994 - Wrong availment of exemption under Notification No. 26/2012-ST dated 20th June, 2012 from payment of Service tax on some of the services provided by claiming to be a “tour operator” - evasion of payment of service tax.
Held that:- it is not clear whether the DGCEI was conscious of the pending proceedings a.....
2016 (4) TMI 1077 - CESTAT NEW DELHI
Escorts Ltd. Versus CCE, Jaipur And Vice-Versa
Service Tax: Demand of Service tax - Consulting Engineering Services - Availed services of foreign consulting firm and paid technical know-how fee to the said service provider, which was a lump sum amount as also royalty paid for the licence to manufacturer the goods, which was based on the price of the final products - Held that:- on examination of the agreement entered into between the appellant and foreign service provider, we fail to note any clause in th.....
2016 (4) TMI 1037 - CESTAT AHMEDABAD
M/s Neel Tours & Travels Versus Commissioner, C. Ex. & S. Tax,, Vadodara
Service Tax: Period of limitation - Demand for recovery of short paid Service tax - Rent-a-cab services provided under contract upon pro-rata kilometer basis - Held that:- the issue is no more res integra in view of the recent judgment of Hon'ble Gujarat High Court in the case of Commissioner of Service Tax Vs Vijay Travels [2015 (1) TMI 809 - GUJARAT HIGH COURT]. In the present case, the extended period of limitation is rightly invoked and confirmed against .....
2016 (4) TMI 1036 - MADRAS HIGH COURT
N. Bala Baskar Versus Union of India and Others
Service Tax: Validity of circular of the Central Board dated 10.2.2012 - Liability of Service tax - Agreement for development entered into between the petitioner and his siblings with the fifth respondent - Held that:- the agreement that the petitioner had, cannot be separated into two portions. The agreement gave rise to a bouquet of rights for the fifth respondent builder. One was to put up a construction of an area, a part of which could be sold by them t.....
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2016 (5) TMI 11 - GUJARAT HIGH COURT
THE COMMISSIONER OF CENTRAL EXCISE, CUSTOMS AND SERVICE TAX, BHARUCH Versus SHREE KRISHNA INDUSTRIES
Central Excise: Maintainability of appeal before the High Court - Question relating to availability of exemption notification versus question relating to Determination of rate of duty of excise or the value of goods for assessment - SSI Exemption - Held that:- Section 35G of the Act expressly excludes orders passed by the Appellate Tribunal relating, among other things, to the determination of any question having a relation to the rate of duty of excise or to th.....
2016 (5) TMI 10 - GUJARAT HIGH COURT
COMMISSIONER OF CENTRAL EXCISE AND CUSTOMS Versus MARIGOLD COATINGS PVT. LTD
Central Excise: Cenvat credit on the inputs on the basis of documents endorsed by the consignee - Duty paying document - Availing modvat credit on duty paid inputs under Rule 57A of the Central Excise Rules, 1944 - Held that:- in exercise of powers under Rule 57G of the Central Excise Rules, 1944, the Central Government under notification dated 30.3.1994 prescribed invoices issued by a manufacturer from his factory or depot or wholesale distributor or dealer of .....
2016 (5) TMI 9 - BOMBAY HIGH COURT
Tien Yuan India Pvt Ltd Versus The Union of India, through the Secretary & Others
Central Excise: Seeking direction for grant of interest - Deposited voluntarily till the date of actual payment under Section 11B of the Central Excise Act, 1944 - Appellant submitted that interest is due and payable from the date of the application seeking refund till the date of payment. Also once there is an order of refund of duty and which is traceable under sub-section (2) of Section 11B, then to the Applicant to whom this amount is not refunded within thr.....
2016 (5) TMI 8 - BOMBAY HIGH COURT
A.N. Impex Versus The Commissioner of Service Tax, Thane-I
Central Excise: 100% EOU - Violation of Notification No. 53/97 and 1/95 - Manufacture of plastic bags but have to manufacture the garbage bags of plastic, plastic Rolls and recycled granules of plastic - Held that:- if the Letter of Permission dated 19 November 1997, under which permission to set up 100% export oriented unit for manufacture and export of garbage bags of plastic, enables the Appellant/Assessee to import plastic waste/scrap without payment of duty.....
2016 (5) TMI 7 - PUNJAB AND HARYANA HIGH COURT
M/s NVR Forgings Versus Union of India and others
Central Excise: Export of goods - Failure to furnish ARE 1 and proof of export of goods as required under Rule 19 of the Rules - Manufacture and export of hand tools through merchant exporter who applied Form H - Availed benefit of Small Scale Industries Exemption notification dated 1.3.2003 - Held that:- the impugned order was passed by the Joint Secretary to Government of India who was also Commissioner of Central Excise and Customs. Thus, the order in appeal .....
2016 (5) TMI 6 - MADRAS HIGH COURT
M/s. Sesa Sterlite Limited Versus Union of India And Others
Central Excise: Cenvat Credit - Classification of 'anode slime' and its unconditional exemption under serial no. 195 of Notification No. 12/2012-CE dated17.03.2012. - Held that:- in view of the Clarification issued by the Central Board of Excise & Customs, in Circular No.F.No. 871/4/2012/CX.1, dated 14.07.2015, we are not inclined to accept the contention of the Revenue. Hence, the impugned order in Original, are set aside. - Decided in favour of appellant
2016 (4) TMI 1112 - CALCUTTA HIGH COURT
Wonder Decor Pvt. LTD. Versus Commissioner Of Customs & Another
Central Excise: Levy of Special Additional Duty (SAD) as per Circular dated 27th June, 2002 - on goods chargeable to duty under Additional Duties of Excise (Goods of Special Importance) Act, 1957 - Appellant submitted that the Supreme Court in one case had said that if there were circulars issued by the Central Board of Excise and Customs which place a different interpretation upon the said phrase interpreted in the judgment, such interpretation would be binding.....
2016 (4) TMI 1111 - CHHATTISGARH HIGH COURT
Commissioner Central Excise & Customs Raipur Versus M/s Aarti Sponge & Power Ltd.
Central Excise: Appellant submitted that by inadvertence, the matter could not be contested properly before the Tribunal - Held that:- whether it was inadvertence or not is itself a question of fact requiring inquiry and fixation of responsibility. It would have been appropriate for the Appellant to have first fixed responsibility for those who did not act in the best interest of the Revenue, taken administrative action against them and then have filed this appe.....
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2016 (4) TMI 1106 - DELHI HIGH COURT
Amit Sirohi & Others Versus Directorate of Revenue Intelligence, New Delhi
Customs: Whether in the light of the statutory power of CCESC to exclusively exercise the jurisdiction of the officer of Customs, the impugned Corrigendum could have been issued on a date subsequent to the CCESC deciding to proceed with the applications filed before it - Respondent submitted that the order passed by the CCESC deciding to proceed with the application under Section 127C of the Act was passed without hearing the DRI.
Held that:- the Court.....
2016 (4) TMI 1105 - ALLAHABAD HIGH COURT
M/s Radha Krishana Commodities Trade And Another Versus Superintendent (Prevention) , Customs And Another
Customs: Seeking release of goods apprehended from the vehicles - Demand of 40% of value of goods - Deposited the tax demanded by Commercial Tax Tribunal for release of goods - Appellant submitted that truck contained some goods of Indian origin and some goods of foreign origin and, therefore, the goods of Indian origin could not have been the subject matter of proceedings before the Customs Department so, the goods of Indian origin have to be released pu.....
2016 (4) TMI 1104 - DELHI HIGH COURT
Lifelong India Private Limited Versus Union Of India & Anr.
Customs: Demand of a sum equivalent to the bank guarantee amount as Customs Duty/Additional Duty of Customs together with interest - Failure to fulfil the export obligations - Licenses permitted the petitioner to import raw materials at 'Nil' rate of Customs duty and NIL rate of Additional Duty of Customs subject to the petitioner fulfilling its export obligations and producing Export Obligation Discharge Certificate (EODC).
Held that:- considering tha.....
2016 (4) TMI 1065 - ALLAHABAD HIGH COURT
M/s Radha Krishna Commodities Trade And Another Versus Superintendent (Prevention) , Customs And Another
Customs: Seeking release of goods - Tax already deposited - Samples were not taken in the presence of the petitioners and that it is without jurisdiction - Truck contained some goods of Indian origin and some goods of foreign origin - Held that:- it will be appropriate that the petitioners may file a representation before the Superintendent (Prevention), Customs Department, Lucknow Division, Lucknow raising all grievances. The petitioners can also apprise.....
2016 (4) TMI 1064 - BOMBAY HIGH COURT
Khaja Mustafa Kamal Versus Union of India & 2 Others
Customs: Seeking direction for release of bank accounts - Export of imitation jewellery - Petitioner indulged in fraudulent exports by inflating the Prevailing Market value and Free On Board value in order to claim duty drawback and other benefits - Held that:- We are not denying to the Revenue an opportunity of investigating or unearthing huge fraud. We are also not denying them their powers, but surely if drastic powers have to be exercised by public bo.....
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2016 (5) TMI 5 - SUPREME COURT
Anand Cements Versus State of Telengana And Others
VAT and Sales Tax: Waiver of pre-deposit under APGST Act - Revision petition - High Court dismissed the petition on the ground that though the appeal before ADC did not seek stay of collection of the tax either in the appeal or by filing a separate application as required under Section 19(2A) of APGST Act, 1957, the question of passing an order by the ADC for stay of collection of tax does not arise and when no such order was passed under Section 19(2A) ibid, no re.....
2016 (5) TMI 4 - PUNJAB AND HARYANA HIGH COURT
M/s Super Multicolor Printers Pvt. Ltd., UT, Chandigarh Versus Union Territory, Chandigarh and another
VAT and Sales Tax: Validity of assessment order - No opportunity of personal order granted - finalized ex-parte by creating additional demand - Held that:- A Division Bench of this Court on M/s Olam Agro India Ltd's case [2015 (8) TMI 823 - HIGH COURT OF PUNJAB AND HARYANA] had held that Rule 86 of the Rules does not envisage service of a general notice or by publication on the website of the department. It was further held that the service of an individual notice .....
2016 (5) TMI 3 - GUJARAT HIGH COURT
STATE OF GUJARAT Versus GANESH SALES CORPORATION
VAT and Sales Tax: Refund of un-utilized input tax credit - Review and Revision u/s 75 of the GVAT Act - writ petition - remedy of appeal under section 73 of the GVAT Act - earlier the court had vacated the order to withheld the refund u/s 39 - revenue contended that direction to disburse the refund adversely affects the State Government - Held that:- apart from the fact that this is a submission on the merits of the main petition, it is a matter of record that in.....
2016 (4) TMI 1103 - MADRAS HIGH COURT
M/s Viom Networks Ltd. Versus The Asst. Commissioner (CT) (FAC) And Others
VAT and Sales Tax: Validity of impugned order - Violation of principles of natural justice - No opportunity of personal hearing provided before passing the order - Held that:- the petitioner was not given an opportunity of personal hearing by the 2nd respondent, which is violative of principles of natural justice, the impugned orders dated 27.01.2016 passed by the 2nd respondent are liable to be set aside and accordingly the same are set aside. The matters are rem.....
2016 (4) TMI 1102 - MADRAS HIGH COURT
Clariant Chemicals (India) Ltd. Versus The Assistant Commissioner (CT) And Others
VAT and Sales Tax: Leviability of tax - as per Entry 69 of the Part C of the First Schedule to the TNVAT Act 2006 - Petitioner's claim of exemption as per the Entry 17A of the Fourth Schedule was rejected by the first respondent, by stating that it is not applicable for industrial preservative, sold under the name "Nipacides" - Held that:- in the interest of justice, the petitioner can be given an opportunity to putforth their case by producing necessary documents.....
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2016 (5) TMI 2 - GUJARAT HIGH COURT
IN RE : KANVEL FINANCE PRIVATE LIMITED
Corporate Laws: Scheme of Arrangement in the nature of Amalgamation - Held that:- Taking into account all the contentions raised by the affidavits and counteraffidavits, as well as the submissions advanced during the course of hearing, this Court is satisfied that the observations made by the Regional Director, Ministry of Corporate Affairs, have been satisfactorily redressed. It appears to this Court that the present Scheme of Arrangement would be in the intere.....
2016 (4) TMI 1101 - KARNATAKA HIGH COURT
PREMAJIBHAI PATEL AND OTHERS Versus M/s. RAJLAXMI SOLVEX PRIVATE LIMITED AND OTHERS
Corporate Laws: Restoration of names in the register of the members of the company - Held that:- CLB has considered the matter in detail with regard to the relief sought by the appellants herein insofar as restoration of their names in the register of the members of the company is concerned as per shareholding pattern as on 31/3/2005. As already noted, the appellants have no grievance with regard to that aspect of the matter. But in the latter portion of the imp.....
2016 (4) TMI 1058 - DELHI HIGH COURT
Commissioner, Commercial Tax, Govt of Madhya Pradesh Versus The Official Liquidator & Others
Corporate Laws: Claim of secured creditor denied - Held that:- In the present case, the State of M.P. has not been able to show that the assent received from the President either in 1958-59 or in 1995 or before the introduction of Section 33-C in 1976 had received such a particular assent. In other words, Presidential assent to this law which seeks to override or recreate first charge or charge which alone can rank the State’s dues along with those of secured cr.....
2016 (4) TMI 1017 - GUJARAT HIGH COURT
IN RE : TRANSGLOBE INDUSTRIES PRIVATE LIMITED
Corporate Laws: Scheme of Arrangement in the nature of Amalgamation - Held that:- This Court considers that the observations made by the Regional Director, Ministry of Corporate Affairs, have been redressed satisfactorily. It appears that the present Scheme of Arrangement is in the interest of the shareholders and creditors of all the companies as well as in the public interest, therefore, the same deserves to be sanctioned. The modification sought regarding the.....
2016 (4) TMI 1016 - GUJARAT HIGH COURT
IN RE : RAJSHA CHEMICALS PRIVATE LIMITED
Corporate Laws: Scheme of Arrangement - Held that:- The queries of the Regional Director have been met with by the petitioner. It is, therefore, ordered that, the Scheme, at Exhibit “C" to the petition, is sanctioned and the prayers as prayed at paragraph12 (a) in the petition are granted. This order of sanction is subject to any order that shall be made by the High Court of Kolkata in the proceedings taken out by the Transferor Company.
The petitioner is dir.....
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2016 (4) TMI 782 - KERALA HIGH COURT
K.M. MOHAMMED SHAFI AND OTHERS Versus UNION OF INDIA
FEMA: Aggrieved person - Whether the 4th respondent, Assistant Director, Directorate of Enforcement can be said to be an “aggrieved person” from the order dated 3.7.2013 of the Adjudicating Authority, the Assistant Director, Directorate of Enforcement so as to file an appeal under Section 17(2) of 1999 FEMA Act - Held that:- Section 19 of the 1999 Act provides appeal to the Appellate Tribunal against an order; (i) passed by the Adjudicating Authority .....
2016 (4) TMI 759 - BOMBAY HIGH COURT
Union of India Versus Dimple D. Sheth
FEMA: Default to file a private paper book - Held that:- The delay has been continuing over last eight years. Even after this Court had permitted the applicant/appellant to file a private paper book, still the default has continued. It is not known why the applicant/appellant has not been able to trace the record. The explanation therefore, does not inspire much confidence.
The Director of Enforcement cannot go on giving instructions to seek time or.....
2016 (4) TMI 715 - MADRAS HIGH COURT
Mohammed Yusuff Sahib Versus Special Director, Enforcement Directorate, New Delhi.
FEMA: Proceedings under Section 51 of the Foreign Exchange Regulation Act, 1973 - Currency seized from the premises of assessee should be confiscated to the Central Government in terms of Section 63 of the Foreign Exchange Regulation Act, 1973 - maintainability of the appeal filed by the respondents before the Tribunal - Held that:- A careful comparison of the provisions of the Foreign Exchange Regulation Act, 1973 and the Foreign Exchange Management A.....
2016 (4) TMI 677 - GUJARAT HIGH COURT
Bipinchandra G. Chockshi And 1 Versus State of Gujarat And 2
FEMA: Order of detention - Held that:- There are previous decisions of Division Bench of this High Court that detaining authority is under obligation to comply with the requirements by formulating grounds for detention and on factual aspect also, there is no reason to detain such person and therefore, as recorded herein above, the Division Bench has gone to the extent of saying that "a grosser case than this is yet to be seen.
Thus the impugned orde.....
2016 (4) TMI 615 - CALCUTTA HIGH COURT
Sajal Dutta Versus Reserve Bank of India & Others
FEMA: Issue of grant or revocation of grant of licence - Held that:- The licence to import was vitally connected with the shareholding of Kamal Kr. Datta and the percentage shareholding of his brother Sajal Datta. If the number of shares issued to Kamal increased on the basis of importation of those items, the percentage shareholding of Sajal was likely to fall. Therefore, both the company and its principal shareholders Kamal and Sajal had an interest .....
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2016 (5) TMI 1 - MADRAS HIGH COURT
Hotel Golden Palace Versus The Commissioner of Prohibition and Excise And Others
Allied Laws: Seeking refund of excess privilege amount collected from the petitioner from the 2005-2006 to till date and collect the privilege fee applicable non-star status hotels in respect of the license - Petitioner had paid the privilege fee of ₹ 2,00,000/- for the year 2004-05 on 23.02.2005 - Held that:- when the petitioner had established that they paid the privilege fee till the date of expiry of the three star license, on 07.03.2005, they are n.....
2016 (4) TMI 1015 - CENTRAL INFORMATION COMMISSION
R.K. Jain Versus Central Public Information Officer/ Assistant Commissioner, Commissioner of Central Excise
Allied Laws: Exemption under Section 8(1)(h) of the RTI Act - Held that:- The Commission observes that the CPIO has wrongfully claimed exemption under Section 8(1)(h) of the RTI Act as the same would not be applicable since no inquiry was pending and hence, the question of investigation on inquiry does not arise. The Commission further observes that though the CPIO has provided misleading and incorrect information to the appellant there was no malafide intent.....
2016 (4) TMI 964 - KARNATAKA HIGH COURT
M/s. Deepak Apparels Pvt. Ltd. and Others Versus City Union Bank Ltd. and Others
Allied Laws: Maintainability of writ petition against an order passed by the Debts Recovery Tribunal disposing of an appeal filed under S.17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Held that:- When extraordinary writ remedy is invoked, despite the availability of an alternative remedy, the Court should at the threshold, examine, whether the petition can be entertained having regard to the.....
2016 (4) TMI 918 - SUPREME COURT
M/s. Shinhan Apex Corporation Versus M/s. Euro Apex B.V.
Allied Laws: Arbitrial award - direction to the appellant to execute the deed of transfer and assignment - Held that:- Direction contained in paragraph 7 of the PFA of the Arbitral Tribunal was duly carried out by the appellant based on the first request of the respondent themselves as made on 19.1.2012 and as per the modified request dated 3.4.2012. If that was the real fact situation in regard to the execution of the transfer deed, which was completely omit.....
2016 (4) TMI 917 - SUPREME COURT
Axis Bank Versus SBS Organics Private Limited And Another
Allied Laws: Eligibility of appeal under Section 18 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Held that:- The Central Excise Act, 1944, The Consumer Protection Act, 1986, The Motor Vehicles Act, 1988, etc. However, unlike those statutes, the purpose of the SARFAESI Act is different, it is meant only for speedy recovery of the dues, and the scheme under Section 13(4) of the Act, permits the se.....
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