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Case Laws
Showing 61 to 80 of 288 Records
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1990 (10) TMI 298 - CEGAT, NEW DELHI
Demand - Limitation ... ... ... ... ..... ndents are not present before us. Shri S. Chakraborti, DR, reiterates the grounds put forth in the memo of appeal. 3. emsp We have considered the DR rsquo s submissions and perused the record. It is clear from the statement of facts that the assessment returns were assessed by the central excise officers. In the normal course, they could have come to know in November, 1980 when clearances exceeded the stipulated limit of Rs. 15 lakhs. The ground put forth that the respondents were required to file a fresh classification list on their crossing the exemption limit is not supported by any authority. A fresh classification list is required to be filed in the event of change of law or other relevant circumstances. Assessment returns were before the departmental authorities from which they could have known the fact of exceeding the exemption limit. In the circumstances, we do not see any infirmity in the impugned order, which is consequently upheld. 4. emsp The appeal is dismissed.
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1990 (10) TMI 289 - HIGH COURT OF DELHI
Winding up – Company when deemed unable to pay its debts, Application for ... ... ... ... ..... firm. It does not add any fresh claim. It does not introduce any new cause of action. The court has to adopt a liberal and not a very technical and narrow approach while considering amendment applications. The court is required to do substantial justice between the parties. The rules of procedure are not meant to defeat substantial justice. They are meant to promote the ends of justice. Kalra has said in the affidavit though not in the petition, that he is a partner in the firm. The objections raised by the company are untenable and are also hypertechnical in nature. For the reasons stated above, the applicant is allowed to amend the petition on payment of Rs. 500 as costs. The amended petition be filed and costs paid within two weeks. Reply to the amended petition be filed within three weeks thereafter and rejoinder within two weeks after that. C.A. No. 4158 of 1989 is disposed of in the above terms. C.P. No. 138 of 1988. List it for further proceedings on January 30, 1991.
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1990 (10) TMI 288 - HIGH COURT OF KARNATAKA
Compromise and arrangement, Amalgamation ... ... ... ... ..... e. The scheme has been passed by a statutory majority of both the companies. In the facts and circumstances of the case, I have no hesitation to accord my sanction to the said scheme. In the result, I make both the company petitions, viz., Company Petitions Nos. 9 and 10 and 1990, absolute in terms of the prayers thereof. I direct that the orders passed in the said petitions be communicated by the petitioners to the Registrar of Companies, Karnataka, within thirty days from the date of receipt of the order. I direct that the transferor-company stand dissolved on sanction of the order of amalgamation. The aforesaid scheme shall take effect from April 1, 1989. The Registrar of Companies, on receipt of the order, do place all documents relating to the said transferor-company and register with him on the file kept by him in-relation to the transferee-company and the files relating to the said transferee-company be consolidated accordingly. Parties to bear and pay their own costs.
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1990 (10) TMI 287 - HIGH COURT OF MADRAS
Winding up - Dissolution of company ... ... ... ... ..... t in law to foreclose the right of the statutory authority exercising quasi-judicial powers under a taxing enactment to fix the market vlaue of the property in accordance with the powers conferred under the taxing enactment. There could be no legal or valid objection also to the reasons assigned by the Tribunal for refusing to act upon the valuation, in exhibit A-3 which is only in the nature of a suggestion or offer. Exercising jurisdiction under article 226 of the Constitution of India, I am not inclined to interfere with the factual findings of the authorities below, particularly when the petitioner has not chosen to substantiate his valuation by any or sufficient material to the satisfaction of the competent authorities under the Act. The fixation of the value by the authorities below cannot be said to be either arbitrary or perverse. For all the reasons stated above, this writ petition fails and is dismissed. But, in the circumstances, there will be no order as to costs.
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1990 (10) TMI 286 - HIGH COURT OF MADRAS
Company – Incorporation of ... ... ... ... ..... ding recorded already by the learned trial judge, in view of the further opportunity that the parties would get to adduce evidence and contest afresh, it shall be open to the parties to traverse afresh into the question of limitation and the issue of dividends as well. In view of the errors noticed by us above in the impugned judgment, we are of the opinion that this is a fit case for remand to the learned trial judge for framing appropriate issues, giving opportunity to the parties to lead further evidence and for disposal in accordance with law. In the result, this appeal is allowed. The judgment and decree of the learned trial judge in C. S. No. 265 of 1975 dated July 31, 1979, is set aside. But as the case is remitted to the learned trial judge for rehearing in the light of the above observations there will be no order as to costs. ------------------------- This decision is cited in Sree Aravindh Steel P. Ltd. v. Trichy Steel Rolling Mills Ltd. 1992 73 Comp Cas 607 (Mad).
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1990 (10) TMI 285 - HIGH COURT OF KERALA
Winding up - Company when deemed unable to pay its debts ... ... ... ... ..... rom the company and that if it is not furnished, orders regarding advertisement of the company petition will be issued. The delay in furnishing security was condoned by the company court. But in view of the appeal, M. F. A. No. 87 of 1990, no suit has been filed. We have already set aside the order of the learned single judge. Since no suit was filed, the security seems to have been withdrawn. Now, since we are setting aside the judgment for a fresh disposal of the application, we feel that it is necessary to direct the respondent-company to furnish security for Rs. 50,000 as ordered by the learned single judge within a month. In case no security is furnished, the direction for a fresh enquiry on the petition will stand cancelled and proceedings for winding up shall be taken by the company court. M.F.A. No. 173 of 1990 In view of the judgment in M. F. A. No. 87 of 1990, no orders are necessary in this appeal. This appeal has practically become infructuous and it is dismissed.
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1990 (10) TMI 262 - HIGH COURT OF KERALA
Managing director - Approval of Government for appointment ... ... ... ... ..... Companies Act. No such proceedings, however, have so far been initiated either against the company or the subsidiary company, is the submission of learned counsel for the petitioner. If that be so, the finding based on such irregularities is liable to be vacated, counsel submits. It is relevant, in this context, to note that these matters are being agitated in the proceedings now pending before the Supreme Court, namely, SLP Nos. 7634, 7635 and 7636 of 1983. On going through the records, I am of the opinion that learned counsel is well-founded in this argument. In the light of the above discussion, there will be a declaration that the petitioner in O.P. No. 112 of 1986 has validly been appointed as the managing director of the company and hence he is entitled to draw his salary for the period in dispute. The original petitions for the reasons stated above are allowed to the extent indicated above. Accordingly, exhibits P-3 and P-5 (in both the original petitions) are quashed.
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1990 (10) TMI 261 - HIGH COURT OF DELHI
Circumstances in which a company may be wound up ... ... ... ... ..... and the value of plant and machinery offered as a primary security, in my opinion, the value should be determined by an approved valuer to be appointed by the bank. Accordingly, I direct the State Bank of India, South Patel Nagar Branch, New Delhi, to have the value of the sheds and plant and machinery determined by an approved valuer the applicant, namely, Mr. Mehtani is also entitled to get the value determined an approved valuer, and the valuation report shall be submitted to the bank. After the valuation reports are received then, in that event, the bank is directed to decide the matter keeping in view the totality of circumstances, the observations made above and guidelines of the Reserve Bank of India. In case the bank comes to the conclusion that the securities are not adequate, then, it shall give its reasons and forward the report to this court. This exercise shall be completed within a period of two months. To be listed before the company judge on January 15, 1991.
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1990 (10) TMI 260 - HIGH COURT OF KARNATAKA
Circumstances in which a company may be wound up ... ... ... ... ..... e bank is entitled to succeed in this petition and for a winding up order by this court. Accordingly, respondent No. 1 company shall be wound up and the provisional liquidator shall be the liquidator of the company. In the result, this court directs that the petitioner do advertise the winding up order in the Deccan Herald within 14 days from today. The petitioner do serve a certified copy of this order on the Registrar of Companies not later than one month from this date. Respondents Nos. 3 to 6 do file statement of affairs with the official liquidator as required under section 454 of the Act. The official liquidator shall take all steps to recover the debts and other amounts due to the company and shall exercise all the powers under the Act and rules thereunder to discharge his duties as official liquidator. The official liquidator shall also cause a sealed copy of this order to be served on the company or its directors by prepaid registered post. It is accordingly ordered.
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1990 (10) TMI 259 - HIGH COURT OF DELHI
Annual return - General, Powers of court to grant relief in certain cases ... ... ... ... ..... the company with regard to the voting were suspended. Thus, there is force in the arguments of the petitioner that the question of holding an annual general meeting of the company did not arise, as the shareholders had been divested of their rights. Similarly, for this reason, the balance-sheets and profit and loss accounts could not be laid before the annual general meeting. Taking into consideration the totality of the circumstances, I am of the view that the petitioner has been able to establish that he is entitled to be relieved of the alleged liabilities and defaults for which the prosecutions have been launched against him under sections 159, 210 and 220 of the Act. Under the facts and circumstances of the case, the petitioner is hereby relieved from the aforesaid liabilities/defaults for which the complaints have been filed under the aforesaid provisions and also from the consequences of the said defaults. C.A. No. 827 of 1987 stands disposed of. No order as to costs.
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1990 (10) TMI 235 - CEGAT, NEW DELHI
Valuation - Demand - Misdeclaration of width of fabric ... ... ... ... ..... he provisions of Law. The Collector rsquo s finding that this question is (also) ldquo absolutely irrelevant rdquo (para 6 of Collector rsquo s order) cannot be sustained. 9. emsp We therefore, order as follows (i) The Collector rsquo s finding regarding wrong declaration of width of the fabrics is upheld (ii) His finding regarding valuation is set aside. He should pass fresh orders about the correct value and consequent liability to duty keeping in mind (i) the ratio of the Supreme Court rsquo s judgment in Bata Shoe Company (supra) and (ii) such arguments as the appellants may advance in this regard. They should be heard in person. Thereafter, duty liability should be determined afresh (iii) The penalty is set aside. After arriving at a legal finding on the point of value, the Collector should examine if still a penalty is warranted, and if so how much. He may then impose it. The appellants should be heard on this point also. 10. emsp The appeal is disposed of, accordingly.
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1990 (10) TMI 228 - CEGAT, NEW DELHI
Re-Adjudication ... ... ... ... ..... that the appellants represented to the department that they were manufacturing paints, varnishes etc. in the manufacture of which the solvents manufactured by them would be used. Apart from these considerations, it appears to me that the notification is very broadly worded. For example, one of the intended uses is in painting. It does not require any argument to appreciate that it will be next to impossible to show by evidence that the solvent or diluent or thinner manufactured by an L-6 licensee has been used in painting which work may be undertaken in innumerable places spread over a wide area. It could have not been the intention of the notification issuing authority to provide that proof of use of solvent etc. in painting to be produced. We have, therefore, to take a practical view of the matter. As stated earlier, there does not seem to be any significant difference between the two notifications. 20. emsp For the above reasons, I agree that the appeal should be allowed.
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1990 (10) TMI 227 - CEGAT, NEW DELHI
Adjudication Proceedings - Show Cause Notice - Res Judicata ... ... ... ... ..... m, label etc., which is used in relation to such goods for the purpose of indicating a connection in the course of trade between the goods and some person using such name or mark with or without any indication of the identity of that person. The above definition has wide scope covering any Logo or symbol or monogram which is used by another person and in this wide sense, the use of the same Logo P/B by the appellants when it was also being used by the P and B Laboratories who are ineligible for the exemption can, therefore, be a valid ground for denying the exemption to the appellants in terms of para 7 of Notification 175/86. The Collector rsquo s order in this regard is, therefore, up-held. However, having regard to the circumstances of the case and the duty involved, some relief in the matter of personal penalty can reasonably be given which is, accordingly, reduced to Rs. 15 lakh. The appeal is disposed of in the above terms. The Misc. applications also stand disposed of.
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1990 (10) TMI 226 - CEGAT, BOMBAY
Adjudication - Natural justice ... ... ... ... ..... en them proper time for re-conciliation, resulting in passing the impugned order. We are also satisfied that the reply to the second show cause notice as well as the earlier show cause notice have been filed requesting for offering such an opportunity. In the circumstances, we would deem it proper to set aside the order passed by the Addl. Collector only on the ground of violation of principles of natural justice and we remand the case back to him for de novo consideration. While doing so, we deem it appropriate to direct the appellants to furnish the detailed reply explaining the discrepancy and submitting their defence within a period of eight weeks from the date of communication of this order, which should be duly considered by the Addl. Collector and if personal hearing is requested for, it should also be extended and order passed in accordance with law. 6. Since the appeal itself is disposed of on the short ground, the stay application does not survive for consideration.
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1990 (10) TMI 225 - CEGAT, NEW DELHI
Appeal to Appellate Tribunal ... ... ... ... ..... at there was any provisional assessment. 2. For these reasons we find that the impugned order cannot be sustained. Shri Agarwal submitted that all available case law support the view that any demand raised without show cause notice cannot be sustained. Prima facie his submission appears to be correct, but in the circumstances of this matter we do not want to take a decision against the demands made on the RT 12s when the first Appellate Authority, as detailed above, did not at all go into the facts and merits of the matter. 3. The impugned order is, quite obviously for the reasons mentioned above, unsustainable. We set it aside and remand the matter to the Collector (Appeals) with the direction that a fresh order should be passed on the appeal after hearing the appellants and verifying the facts. These assessments relate to the year 1981 and the Collector should proceed with the appeal without insisting on multiple appeals being filed. 4. The appeal is thus allowed by remand.
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1990 (10) TMI 224 - CEGAT, NEW DELHI
Valuation of goods on depot sale price ... ... ... ... ..... ore us, that no deductions were allowed from the gross sale price at Calcutta. This is also evident from the fact that the thinner Block Board of 15 mm, which should normally be cheaper than the thicker Block Board, was assessed at a higher value. 6. The law is now well-settled that when price is not ascertainable at the factory gate, the normal price should be arrived at from the price at which goods are sold at the sales depots after deducting admissible items like transport, insurance etc. from such a price. This has not been done in this case, as ordered by the Asstt. Collr. or by the Appellate Collr. For this reason and in the light of our discussions in earlier paragraphs, we set aside the impugned order and remand the matter to the Asstt. Collr. to consider the pleas of the appellants and to fix the normal price in accordance with the law after hearing the appellants and after allowing such deductions as are sanctioned by law. 7. The appeal is, thus, allowed by remand.
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1990 (10) TMI 223 - CEGAT, NEW DELHI
... ...
... ... ..... y and as Rule 10 covers cases of mis-statement regarding value it is Rule 10 that should be applicable and not Rule 10A. We find accordingly. 9. In so far as the refund is concerned, the appellants stated that they sent a protest letter on 25-11-1976. The Department would verify the receipt of the protest and if necessary, they should give an opportunity to the appellants to prove that the protest letter was filed. As at the relevant time there was no rule prescribing the method of protest, this letter, if received by the Department would constitute a protest. The refund claim should be dealt with accordingly. 10. Therefore, we dismiss the appeal on merits in so far as parts other than fuel tank are concerned. We further direct that the demand should be re-calculated under Rule 10 CE Rules. We also direct that the refund if due grant after verifying the receipt of the letter dated 25-11-1976 which we hold amounts to a protest. 11. Both the appeals are disposed of accordingly.
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1990 (10) TMI 222 - CEGAT, BOMBAY
Reference to High Court ... ... ... ... ..... ightly pointed out by Shri Ajit Yadav, the Ld. Company Secretary on behalf of M/s. Hindustan Lever Ltd., was whether Appendix 21 permits imports of Capital goods by the units in the Free Trade Zone irrespective of whether these goods are figuring in Appendix 2 or not and this was the question posed before this Bench and the Bench has given the finding on that issue. The avenue of Reference Application should not be looked upon as an instrument for making good the omissions in the adjudication order or for bringing new legal arguments, which were either not dealt with by the adjudicating officer nor even argued at the time of hearing the appeal. Even the Supreme Court has clearly held that when a point of law has not been agitated before the Tribunal and no finding has been given on that point of law, it cannot be brought by way of Reference Application. In view of this clear position, we do not find any merits in the Reference Applications and accordingly we dismiss the same.
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1990 (10) TMI 221 - CEGAT, NEW DELHI
Dutiability ... ... ... ... ..... both these cases. On perusal of the two orders of the Tribunal, we find that the Tribunal has considered the excisability or otherwise of the same product as is involved in these two appeals and the Tribunal had followed the ratio of Supreme Court judgment in the case of Bhor Industries v. C.C.E. 1989 (40) E.L.T. 280 and had held that the department having not established the excisability of the product with reference to the marketability of the goods, it cannot be held that the goods are excisable in terms of the ratio of the Supreme Court judgment in the Bhor Industries case because the Supreme Court clearly held that marketability is an essential ingredient for determining excisability of product. In its Order No. 655/90-C in the case of Milton Plastics, we also find that the Tribunal had followed the ratio of the decision in the Eagle Flask case. The same ratio is applicable to the facts of the present case and accordingly, following that ratio, these appeals are allowed.
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1990 (10) TMI 220 - CEGAT, CALCUTTA
Import licence ... ... ... ... ..... e imposition of the penalty on the firm of the appellants and its partner Shri Gurcharan Singh under Section 112(a) of the Customs Act, 1962 is not legal. Accordingly, we set aside the order of penalty imposed on the appellants i.e. M/s. Overseas Cycle Company and on its proprietor Shri Gurcharan Singh. Point No. (iii) is decided accordingly. 37. In the result, this appeal is allowed and the order of confiscation of the imported goods and the assessment made on the same and the imposition of penalty on the appellant company and its proprietor are all set aside. The appellants are entitled for the consequential reliefs, if any. The appeal is allowed. 38. The request for early hearing of the present appeal made by the applicants/appellants herein in the form of a Miscellaneous Application viz. M.A. No. 130/90 stands disposed of in terms of our above orders in paragraphs 1 to 37, disposing of the appeal by allowing it, inasmuch as the appeal was taken up for hearing out of turn.
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