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Case Laws
Showing 81 to 100 of 304 Records
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1993 (3) TMI 306 - SUPREME COURT
Whether the exemption granted under the notification exempting the produce of a factory manufacturing newsprint from the State sales tax for a period of two years from the date of commencement of production in the factory can be called an exemption from tax generally?
Held that:- Appeal allowed. Following the decision in Pine Chemicals [1992 (1) TMI 305 - SUPREME COURT OF INDIA] which deals with an almost similar exemption notification held that the circumstances or conditions contemplated by the Explanation to sub-section must be the circumstances and conditions attaching to the sale and not to the dealer.
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1993 (3) TMI 304 - SUPREME COURT
Revision filed by the assessee allowed by High Court - Held that:- Appeal allowed. Unable to see any relevance of the mala fides in this case. Section 8(1) does not say that the non-payment should be mala fide. This is also not a case where the rate of tax applicable was in dispute or disputed by the dealer. This is simply a case where the dealer calculated the tax at an inapplicable rate. He did not and could not plead ignorance of the change in rate of tax effected two years earlier. In the circumstances, the concept of mala fides was not relevant in the context.
That the learned single Judge was not justified in deleting the interest levied by the authorities. The appeal is accordingly allowed and the order of the learned single Judge is set aside.
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1993 (3) TMI 303 - SUPREME COURT
Whether the disputed turnovers for the relevant periods were the turnovers of export sales and as such were not liable to sales tax under the Tamil Nadu General Sales Tax Act, 1959?
Held that:- Appeal dismissed. The sales in question must be held to be liable to sales tax, because it must be deemed that there was a local sale by the appellants to the exporting houses in order to enable the exporting houses to effect a sale in their own right in favour of the foreign buyers.
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1993 (3) TMI 289 - HIGH COURT OF BOMBAY
Company when deemed unable to pay its debts ... ... ... ... ..... esent proceedings. If they have any genuine claim against the petitioner, they are at liberty to file appropriate suits against the petitioner within six months from today. Regard being had to the claim which is in fact arrears of rent in respect of three premises, I do not think that this court should relegate the petitioner to any suit. The respondent-company is directed to deposit the amount claimed in the petitions on or before April 30, 1993, and upon such a deposit, the petitions to stand accordingly disposed of. In the event, the company does not deposit the amount on or before April 30, 1993, the petitions to stand admitted and advertisement to follow. Upon deposit of the money in this court, the registry is directed to pay the same to the petitioner requiring him to execute a simple bond as provided in the Code of Civil Procedure, 1908. The bond shall stand discharged in the event suits are not filed within a period of six months as directed above. Order accordingly.
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1993 (3) TMI 288 - HIGH COURT OF RAJASTHAN
Company when deemed unable to pay its debts, Admission of petition and directions as to advertisement
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1993 (3) TMI 287 - HIGH COURT OF PUNJAB AND HARYANA
Company when deemed unable to pay its debts ... ... ... ... ..... tor Co. Ltd. v. V.P.I. Electronics and Engineerings Ltd. 1991 71 Comp Cas 589 (Delhi) to contend that only where the debt is disputed on substantial grounds, the winding up petition should be dismissed and inasmuch as there was no substantial ground projected in the present case, the appellant should not have been asked to knock at the door of the civil court. There is no dispute with the proposition of law that is enunciated in the two judgments aforesaid nor in fact does the respondent-company wish to canvass a different view than the one reflected therein but the main question is as to whether the dispute in the present case is substantial or frivolous and a flimsy one simply with a view to raise a dispute. The pleadings of the parties have been noticed above and the same would demonstrate a bona fide and substantial dispute which can be settled only by adducing evidence before the civil court. Finding no merit in this appeal, we dismiss the same with no order as to costs.
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1993 (3) TMI 272 - CEGAT, NEW DELHI
Special excise duty - Computation of ... ... ... ... ..... , the authorities concerned issued a show cause notice to the appellants alleging that the appellants have incorrectly paid special duty of excise on the goods cleared during the period from 25-7-82 to 28-2-1983. The appellants, however, defended and submitted that on a true and correct interpretation of clause 50 of the Finance Act, 1982, a notification granting exemption by set-off were to be availed of first and that a special duty of excise was to be calculated thereafter. However, this contention was not accepted by the Assistant Collector and also by the Collector (Appeals) on the appeal being filed before him by the appellants. In the teeth of the above admitted facts and applying the ratio of the said decision we agree with the contention raised by the learned appellants as aforesaid. Consequently we set-aside the impugned orders passed by the authorities below. 4. emsp In the result, the appeal is allowed with consequential relief to the appellants, according to law.
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1993 (3) TMI 264 - GUJARAT STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Consumer - Meaning of - Complainant purchased shares through opposite party, a broker, and then sold them and handed over share certificates and signed transfer deeds to opposite party for delivery in market - Their sale price was received by cheques which ultimately bounced - Complainant had also purchased certain other shares through him but neither allotment letter nor share certificates were given to him in this regard, with consequence that bonus shares issued by company were denied to the broker - Complainant, therefore, prayed for direction to opposite party to make payment of all moneys due and damages - Whether relationship between complainant, and share broker was the relationship providing service for consideration by charging commission, and, therefore complainant was a consumer within a meaning of section 2(1)(d) - Held, yes - Whether opponent having failed to render services or give account of shares sold by him and his cheques having been dishonoured, complainant had been duped and was thus entitled to damages from opponent - Held, yes
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1993 (3) TMI 263 - HIGH COURT OF BOMBAY
Payment for exported goods ... ... ... ... ..... he instructions that under the said bill of lading the cargo of Allana Sons was to be delivered to the order of the Bank of Sadarat Iran, Iranshahr, Snomali branch and the party to be notified was Meka Trading Co. shows that the exporters had taken all necessary precautions for realising the foreign exchange in the value of the goods through banking channels. It is only because of the action of the third parties which have immobilised them from proceeding further in recovering the foreign exchange directly that they have been constrained to file civil suit for damages against the BFDC and the Shipping Corporation of India. In the result, therefore, the impugned judgment of the Appellate Board and that of the adjudicating authority will have to be quashed and set aside. Proceedings on the show-cause notice will have to be dropped and are ordered accordingly. Appeals allowed. There shall be no order as to costs. Penalty amount, if paid, be refunded to the respective appellants.
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1993 (3) TMI 251 - SUPREME COURT
Whether on the materials produced on behalf of the prosecution it is established that the appellants had issued the prospectus inviting applications in respect of shares of the company aforesaid with a dishonest intention, or having received the moneys from the applicants they had dishonestly retained or misappropriated the same?
Held that:- Appeal dismissed. That exercise cannot be performed either by the High Court or by this court. If accepting the allegations made and charges levelled on their face value, the court had come to the conclusion that no offence under the Indian Penal Code was disclosed the matter would have been different. This court has repeatedly pointed out that the High Court should not while exercising power under section 482 of the Code usurp the jurisdiction of the trial court. The power under section 482 of the Code has been vested in the High Court to quash a prosecution which amounts to abuse of the process of the court. But that power cannot be exercised by the High Court to hold a parallel trial, only on the basis of the statements and documents collected during investigation or enquiry, for purpose of expressing an opinion whether the accused concerned is likely to be punished if the trial is allowed to proceed.
The trial court should proceed with the case in accordance with law. We make it clear that we have not expressed any opinion on the merits of the charges levelled against the appellants.
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1993 (3) TMI 243 - CEGAT, BOMBAY
Modvat credit ... ... ... ... ..... nput in or in relation to the final product. In this particular case what is brought in is defective and rejected forgings and they have to be melted and converted into forgings, which is the final product. Hence, the input brought in, in so far as the respondents are concerned, is only to be treated as scrap to be used in the manufacture. Hence, the Board rsquo s instruction would be applicable in this case adopting the test laid down by this Bench. Moreover, when the Board have given instruction to the Department to allow modvat scheme to be operative in respect of defective metallic products returned for remanufacture and the assessee has followed it in good faith, it would not be just and proper to deny the benefit, especially when such returned defective metallic products are to be construed as scrap and a process of remanufacture is involved. Hence, I find no reason to interfere with the orders of the Collector (Appeals). Both the appeals from the Revenue are dismissed.
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1993 (3) TMI 242 - CEGAT, BOMBAY
Confiscation and Redemption fine ... ... ... ... ..... ermitted the appellants to re-export the goods, as was alternatively pleaded by them. The appellants now plead that they are interested in clearing the goods for home consumption. With the allegation of over-valuation as a ground of misdeclaration having not been sustained, there appears no reason not to permit the appellants to clear the consignment for home consumption. The said prayer is therefore granted. 12. emsp In the result, the appeal is partly allowed, and while the allegation of over-valuation is not sustained, the order of confiscation vide Section 111(m) of the Customs Act is confirmed in relation to misdeclaration as to weight. However, considering the circumstances, the fine in lieu of confiscation is reduced to Rs. 5000/- (Rupees Five Thousand only) and the appellants are permitted to clear the consignment for home consumption. As there is no mala fide on the part of the appellants established, personal penalty imposed is set aside. Prounced in the open court.
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1993 (3) TMI 241 - CEGAT, BOMBAY
Baggage Gold - Confiscation and Redemption Fine ... ... ... ... ..... foreign currency might have been given by Mr. Kutty, a declaration is called for only in respect of dutiable and prohibited items contained in the baggage. When there is no legal requirements in respect of foreign currency upto 10000 US , it cannot be held that non-declaration of these foreign currency would render the currency liable to confiscation under Section 111(d) of the Customs Act. In this view of the matter, we order release of the foreign currency seized, to both the appellants. 7. emsp As regards the penalty imposed on both the appellants, we are going by the initial statements given by both the appellants, it appears that they are only the carriers of the gold, who have carried the gold for monetary consideration which has to be cleared on payment of duty, penalties would therefore call for substantial reduction. We therefore reduce the personal penalty to Rs. 5000/- (Rupees Five thousand only) in each case. 8. Both the appeals are disposed of in the above terms.
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1993 (3) TMI 240 - CEGAT, NEW DELHI
Import of second-hand machinery permissible under OGL to Actual Users ... ... ... ... ..... urnment. Since the adjudicating authority was of the view that the adjournment request was not based on valid grounds, he proceeded to adjudicate the case on the basis of the available records. We are, therefore satisfied that sufficient opportunity was afforded to the appellants which was, however, not availed of by them. 12. The last contention of the learned Counsel that the order imposing penalty is bad in law for non-mention of specific sub-section of Section 112, also does not have any force. This Tribunal has held that as long as a reading of the order makes it clear as to which sub-clause of Section 112 is relied upon for the purpose of imposition of penalty, specific non-mention will not be fatal to the case of the Department. 13. emsp In the light of the above discussion, we uphold the findings regarding non-existence of the appellants and unauthorised import of machinery and consequent confiscation and penalty. The impugned order is upheld and the appeal dismissed.
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1993 (3) TMI 239 - CEGAT, NEW DELHI
Valuation - Contract price ... ... ... ... ..... aptive consumption in that case did not even reach the fixed figures. Hence, they held that the same was not admissible under Section 4 of the Act. 60. emsp The facts in the case before us are different from those before the Government of India in the above case. Here, the discounted net prices have been billed in the invoices. Such discounted prices were firm. The net price is by way of contract price and the price lists were submitted and approved in Part II of the price list proforma. This decision of the Government of India is prior to the decision of the Hon rsquo ble Supreme Court in the case - Union of India v. Bombay Tyre International (supra). Hence, we do not consider it relevant for arriving at the decision in this case. 61. emsp In the light of the above discussions, we set aside the Order-in-Appeal No. 163-165/Cal. II/RA/89, dated 27th July, 1989 passed by the Collector of Central Excise (Appeals), Calcutta and allow the appeals with consequential relief, if any.
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1993 (3) TMI 238 - CEGAT, MADRAS
Value of clearances ... ... ... ... ..... me. There was no need for M/s. Kathiravan Motors and Pumps for paying any rental charges if the goods being manufactured on those machines by and on behalf of M/s. Kathiravan Industries. Inasmuch as a licensed unit has to be considered as a single entity any machinery installed and the goods manufactured therein have to be taken to be belonging to that particular unit. In the facts of this case it has to be held that all the motors had been manufactured at the premises of M/s. Kathiravan Motors and Pumps and, therefore, the duty has to be demanded as if all the goods were cleared from the premises of M/s. Kathiravan Motors and Pumps. We, therefore, direct the learned lower adjudicating authority to pass appropriate orders in the light of the above, after giving M/s. Kathiravan Motors and Pumps an opportunity regarding the quantum of the duty demandable taking into consideration the quantum of goods manufactured by them. The appeal of the Revenue is allowed in the above terms.
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1993 (3) TMI 237 - CEGAT, NEW DELHI
Refund - Differential duty and interest ... ... ... ... ..... not ordered the party to deposit the disputed amount of Central Excise duty and the interest. They had ordered for a Bank Guarantee. On their own the party deposited not only the amount of differential duty but also the amount of interest calculated on their own. There was no provision under Central Excise law for collection of such an interest. 24. In the circumstances, there is no authority of law for keeping this amount by the Central Excise department. 25. emsp It will not be in the interest of justice to ask the party to go to the Hon rsquo ble High Court for the refund of this amount when the facts and circumstances of the case clearly establish that the Department had no authority to keep this amount. 26. Therefore, in the interest of justice, I order that the amount of Rs. 17,158.92 deposited by the party on 12-3-1985 towards the interest 15 per annum should be paid back to them forthwith. 27. The appeal is, thus, allowed, with consequential relief to the appellants.
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1993 (3) TMI 236 - CEGAT, NEW DELHI
Appeal - Evidence ... ... ... ... ..... when the matter deposed to is not based on personal knowledge the sources of information should be clearly disclosed. rdquo Emphasis Supplied. The same view was reiterated by the Apex Court in the case of Smt. Savitramma v. Cicil Naronha, AIR 1988 SC 1987. 12. emsp The same reasons apply to the other affidavits, that is to say, affidavit of Mrs. Bharti Mange, Mrs. Parul Vakil, and Mrs. Jaya Ramachandran. The appellants have also not filed the affidavits of these ladies, instead they have filed the photo copies of the affidavits which almost are identically worded having no verification at all. Admittedly, they are obtained by the appellants after the passing of the impugned Orders. 13. emsp In view of the above, it would not be safe to allow the appellants to place on record these affidavits by way of additional evidence. Consequently, we reject the application. CONCLUSION 14. In the result, Application No. E/158/92-C is allowed whereas Application No. E/733/92-C is rejected.
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1993 (3) TMI 235 - CEGAT, NEW DELHI
Classification ... ... ... ... ..... L.T. 75. But those were cases which dealt with laminated sheets produced by pressing together several layers of impregnated layers of paper, which, we have found, is not the case with the goods with which we are presently concerned. Further, in order to classify the goods under Heading 39.12, the Department should show that the imported goods are residuary type of cellulose and its chemical derivatives in primary form as spelt out in Chapter Note 6 of Chapter 39 CTA which term applied only to liquids and pastes including dispersions and solutions blocks of irregular shape, lumps, powders, granule flakes and similar bulk forms. Here, admittedly, the imported goods do not answer to the above primary forms. In the result, it is held that the paste coated paper/film laminate has been correctly assessed to duty under Chapter 48 CTA and in this view of the matter, there is no reason to interfere with the impugned order of the Collector (Appeals). The appeal is, therefore, rejected.
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1993 (3) TMI 234 - CEGAT, CALCUTTA
Seizure - Reasonable belief - Confiscation ... ... ... ... ..... she approached the department along with the driver. The driver also admitted that she was not in the knowledge of these activities. Therefore, she has shown her clear bona fides and the department itself released the truck. These circumstances are sufficient to hold that a lenient action will meet the ends of justice. In the result, we hereby order that the confiscation of the lorry in question is in order and we uphold the same. But the department is directed to appropriate a sum of Rs. 20,000/- only as fine in lieu of confiscation, out of the said sum of Rs. 60,000/-, which was already deposited by the appellant while she took delivery of the lorry. The balance amount of Rs. 40,000/- shall be returned to the appellant forthwith. The direction in the order that the appellant should ensure the deposit of penalty imposed on Shri Benod Rai, driver of the appellant, is hereby set aside as the same is not in accordance with the law. The appeal is disposed of in the above terms.
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