|
Advanced Search Options
Case Laws
Showing 21 to 40 of 189 Records
-
1986 (10) TMI 311 - ALLAHABAD HIGH COURT
... ...
... ... ..... which occasioned the movement of the goods was between the Madras party and the Ghaziabad party and even the builty was also prepared in the name of the Ghaziabad party. The Ghaziabad party did make the sale and also realised sales tax from the assessee-opposite party. Under the circumstances, the mere fact that the builty in the name of the Ghaziabad party was transferred to the assessee-opposite party will not make the assessee-opposite party importer as defined under the provision of the U.P. Sales Tax Act. In my opinion, the contention raised on behalf of the Commissioner of Sales Tax has no force. This view of mine also finds support from the decision of the Madhya Pradesh High Court in the case of Kaluram Ganesh Ram v. State of Madhya Pradesh, Miscellaneous Petition No. 232 of 1979 decided on 2nd July, 1982, wherein the facts were, more or less similar to the facts of the present case. In the result, this revision fails and is dismissed with costs. petition dismissed.
-
1986 (10) TMI 310 - KERALA HIGH COURT
... ...
... ... ..... against the unambiguous statements in the application filed by the first defendant himself before the statutory authorities and the enquiry and finding by such authorities thereon. They are exhibits C-1 and C-2. In the light of exhibits C-1 and C-2, the payment of Rs. 5,000 each to the plaintiff and to the second defendant (exhibits B-1 to B-7) are insignificant. 10.. In the result, we hold that the court below was justified in finding that the plaintiff and defendants 1 and 2 are partners of the firm PLASTO and that they are entitled to 1/3 share in the capital as well as in the profits of the business. The judgment and decree of the court below are confirmed. No interference is called for. 11.. This appeal is without force. It is dismissed. There shall, however, be no order as to costs in this appeal. 12.. We direct the court below to expedite the final decree proceedings and pass the final decree within six weeks from the date of receipt of the records. Appeal dismissed.
-
1986 (10) TMI 309 - ALLAHABAD HIGH COURT
... ...
... ... ..... icer, Kanpur 1981 UPTC 396 which took the view that the proceedings under section 21 of the Act cannot be initiated for the purposes of verification of the information available with the sales tax authorities, has after following the said authorities, held that the initiation of proceedings under section 21 of the Act was without jurisdiction. I have heard the learned counsel for the parties. The learned Standing Counsel has vehemently urged that the Sales Tax Tribunal was not justified in taking the view which it did. However, the learned Standing Counsel has not been able to satisfy me that in view of the findings recorded by the Tribunal and the settled position of law as to how the judgment of the Tribunal is vitiated or there is an error of law. In my opinion, the Tribunal was perfectly justified on the findings recorded by it in taking the view that it took. Under the circumstances, this revision has no force and is accordingly dismissed with costs. Petition dismissed.
-
1986 (10) TMI 308 - CEGAT, NEW DELHI
Demand - Show cause notice - Waiver of - Iron and steel products ... ... ... ... ..... urloins, roof-trusses, etc., in residential, commercial and industrial structures. They act as load carrying members, while at the same time providing useful surfaces like floor panels and roof decks installed without shoring or buttressing. They have versatile application by reason of their high strength to weight ratio and with a little cutting and drilling can fit almost any structural application. They seldom require any adaptation other than simply drilling and sizing to fit the part into the allotted place. It is not possible to agree that these are articles of iron and steel. They are nothing but iron and steel products, namely, strips which have been cold formed into various profiles to suit various applications. We accordingly rule that the goods are not assessable under item 68, especially in view of the fact that they have better and more appropriate headings in item 26AA(ia) and item 25(11). We also rule that there has been no fraud or suppression or misstatement.
-
1986 (10) TMI 307 - SUPREME COURT
Whether the section 29-A, as it stood at the material time in the form in which it was introduced by section 17 of the U.P. Taxation Laws Amendment Act, 1969, was within the legislative competence of the State Legislature?
Held that:- Appeal dismissed. The decision in R.S. Joshi's case [1977 (8) TMI 140 - SUPREME COURT OF INDIA]must, therefore, be regarded as laying down the correct law on the subject and if that be so, it is obvious that section 29-A must be held to fall within the legislative competence of the State Legislature and its constitutional validity must be upheld.
-
1986 (10) TMI 300 - HIGH COURT OF KARNATAKA
Power of company to purchase its own securities ... ... ... ... ..... invalid. The mortgage transaction in question in so far as it included Rs. 12,000 as part of the consideration which was adjusted towards the share capital of the company, was invalid. Having regard to the fact that the amount claimed in the suit under the suit-mortgage admittedly represented the sum of Rs. 12,000 adjusted towards the share capital of the company and the interest thereon, and as it is held that it was invalid, the plaintiff-corporation is not entitled to recover the same. Hence, the ultimate conclusion reached by the learned appellate Judge that the suit has to be dismissed, is correct and it is accord-ingly affirmed. Consequently, the appeal has to fail. For the reasons stated above, the appeal is dismissed. However, there will be no order as to costs. At the end, we consider it necessary to clarify that the dismissal of the suit does not come in the way of the United Karnataka Insurance Co. Ltd., Dharwad, calling upon the defendants to surrender the shares.
-
1986 (10) TMI 291 - HIGH COURT OF PUNJAB AND HARYANA
Winding up - Company when deemed unable to pay its debts ... ... ... ... ..... ney claimed in the plaint from the judgment-debtor. It was observed therein that the provision for the payment of the amount claimed by the decree-holder in the plaint, if there was default in the payment of any one of the instalments payable under the consent decree, was clearly in the nature of a penalty and the executing court had power to relieve the judgment-debtor of it. I am in respectful agreement with the view expressed in both the cases. Consequently, I am of the view that the petitioner was entitled to recover only Rs. 1,47,072 from the judgment debtor and not Rs. 3,20,138.67 as mentioned in the compromise decree in case of default. The amount of Rs. 1,47,072 has been paid by the respondent to the petitioner. Consequently, I do not find any merit in the petition and dismiss the same. However, I am of the view that the respondent is liable to pay the costs of the petition to the petitioner as the respondent paid the agreed amount during the pendency of the petition.
-
1986 (10) TMI 290 - HIGH COURT OF BOMBAY
Officer who is in default - Meaning of, Divident Unpaid Dividend to be Transferred to Special Dividend Account
-
1986 (10) TMI 289 - HIGH COURT OF MADRAS
Compromise and arrangement ... ... ... ... ..... the official liquidator. Till the execution of the sale deed, the lessee has to pay the lease amount. For the payment of the balance of consideration, there will be a first charge on the mill and the appellant shall execute such documents as are needed by the official liquidator creating that charge. The appeals are accordingly allowed on the above terms. The appellant will bear his costs. The official liquidator will be entitled to costs which will come from the estate. Counsel s fee for the official liquidator is fixed at Rs. 5,000. C.M.P. No. 13000 of 1985 mdash This petition has been filed by the applicant in Company Application No. 56 of 1985 for impleading himself as a party-respondent in O.S.A. No. 120 of 1985. Since we have dismissed the application and since the interest of the company is looked after by the official liquidator and no particular reason could be assigned by the petitioner for impleading himself as a party, we dismiss this petition, but without costs.
-
1986 (10) TMI 288 - HIGH COURT OF MADHYA PRADESH
Winding up - Company when deemed unable to pay its debts ... ... ... ... ..... . That apart, now, undisputedly, as the respondent company has engaged a large number of employees and is running at a profit, it would not be just and equitable to admit these petitions for winding up the respondent company, as has been held in the decision reported in National Textile Workers Union v. P.R. Ramakrishnan 1983 53 Comp. Cas. 184 (SC) according to which, the interest of the workers has also to be taken into consideration. The authorities cited by learned counsel for the petitioners, being distinguishable on facts, cannot be applied to the facts of the present cases. I am, therefore, unable to agree with the submission made by learned counsel for the petitioners that the respondent company is commercially insolvent or that it had neglected to pay the alleged dues, being unable to pay its debts (see 1985 IJL 382). In the result, for the above reasons, I do not see any valid ground to admit these petitions which are consequently dismissed with no order as to costs.
-
1986 (10) TMI 263 - HIGH COURT OF RAJASTHAN
Company when deemed unable to pay its debts ... ... ... ... ..... and, for that purpose, it has filed the reply also. Notices were served upon the company in the prescribed manner and there is no irregularity or illegality in the service of the notice to the company and, in view of the facts narrated above, I am of the opinion that no notice is required to be served upon Shri P. N. Malpani and his associates. There is no merit in the petition filed by Shri Malpani and his associates. Shri Shiv Kumar Mansinghka and his other seven associates who have filed the reply are competent to represent the Jaipur Stock Exchange Ltd. and the dispute can be effectually and completely adjudicated upon without the presence of Shri P.N. Malpani and others. However, in case they are interested in contesting the winding-up petition, they may extend their support to Shri Mansinghka and his other associates who are contesting the petition. The petition filed by Shri P.N. Malpani and his associates has, thus, no merit and is dismissed with no order as to costs.
-
1986 (10) TMI 254 - CEGAT, NEW DELHI
Dimethyl Sulphate ... ... ... ... ..... urt in para 4 of its decision also referred to a decision of the Tribunal in Trichem Laboratories, Bombay v. Collector of Customs, Bombay -1984 (17) E.L.T. 185 (Tribunal). The Tribunal in that decision held that there is no such thing as a drug intermediate because all substances having such uses find many more different uses. It was further held that the claim that drug intermediate is a penultimate substance from which a drug is obtained by simple process is too narrow an interpretation for a term carrying wide description. 5. While the respondents have placed on record certificate which shows that the product would appear to be drug intermediate in respect of certain drugs, the appellant rsquo s only argument is that because the product is a methylating agent and is not found in the end-product it would not merit treatment as drug intermediate. In view of the precedents referred to above, we feel that such a contention is not acceptable. We, therefore, dismiss this appeal.
-
1986 (10) TMI 252 - CEGAT, NEW DELHI
Clasification ... ... ... ... ..... tricity but by use of flames produced by gases used in the firing gun. The Tribunal itself, following the Bombay High Court judgment supra, held in Poonam Trading Co., Calcutta v. Collector of Central Excise, Calcutta (1983 E.L.T. 2455), that submerged arc welding wires are not classifiable as Electrode wires under T.I. 50 CET. No doubt it was mentioned by the D.R. that the decision of the Bombay High Court has been stayed on appeal. But that would not mean that the ratio of that decision could not be followed in other cases until that decision is upset on appeal. In view of the said decisions (which we respectfully follow) we hold that the order of the Appellate Collector setting aside the classification under T.I. 50 CET requires no interference. 4. emsp In this view the other contentions, such as bar of limitation in issuing the notice under Section 36, are not necessary to be considered. 5. The appeal is, therefore, dismissed and the notice dated 12-11-1981 is discharged.
-
1986 (10) TMI 249 - DELHI HIGH COURT
Import - Canalised item ... ... ... ... ..... respondents shall supply the quotas for the July - September, 1984, October - December 1984 and for all the four quarters in 1985 to the petitioners at the prices at which these were supplied to the actual users during the relevant quarters. The quotas must be offered in reasonable quantity to enable the petitioners to arrange the funds and lift the same and the offer for lifting the quota must provide a reasonable margin of time. We further direct that the respondents shall not charge any carrying charges from the petitioners. 21. Since respondent No. 6 has taken a clear stand that it is no more importing the split palm stearin fatty acid, Mr. D.D. Thakur, Senior Counsel representing the petitioners has frankly conceded that they are prepared to accept a substitute i.e. palm fatty acid and crude palm stearin in lieu of the quota of split palm stearin fatty acid to which the entitlement of the petitioners had accrued. 22. With these observations, the petition is disposed of.
-
1986 (10) TMI 246 - CEGAT, NEW DELHI
Value of clearance of “all excisable goods” ... ... ... ... ..... tal clearances of the excisable goods for the year 1980-81 is correct in law and the levy of duty as demanded and held by lower authority is maintainable in law. We, therefore, reject the appeal. 7. emsp Order per S.D. Jha . - Though I do not subscribe to the observations and reasoning of Brother Gulati in para 3 of his order with reference to the Supreme Court judgment in State of Tamil Nadu v. V.K. Kandaswamy and Madhya Pradesh High Court judgment in Tata Exports Ltd. v. Union of India, I agree with the main conclusion that excisable goods do not become non-excisable merely by reason of exemption given under a notification. The reason for doing so is that besides Delhi High Court in Vishal Andhra Industries v. Union of India (1983 E.L.T. 2265) other High Courts have also taken this view and these decisions are referred to in the Karnataka High Court judgment in Karnataka Cement Pipe Factory rsquo s case 1986 .(23) E.L.T. 313. With these observations I concur with the order.
-
1986 (10) TMI 245 - CEGAT, NEW DELHI
Export - Amendment to Shipping Bill ... ... ... ... ..... ove is applied for, it is open to the authorities either to grant the amendment or direct that the original shipping bill may be withdrawn and a fresh shipping bill (with the name of the vessel through which the export is to take place) be presented. If the authorities had directed the respondents to file a fresh shipping bill with the name of M.V. President Wilson, the same would have been presented on 19-6-1981. That would be subsequent to the date of entry outwards for that vessel (10-6-1981) and therefore Under section 16 the rate of duty would have been as on 19-6-1981 i.e. nil rate of duty. The fact that the authorities did not insist on this procedure, but permitted an amendment to take place, should not lead to any different conclusion as to the applicability of section 16 to the amended shipping bill. 4. ensp In the above view we hold that the order of the Appellate Collector directing refund as applied for is correct. Upholding the said order we dismiss this appeal.
-
1986 (10) TMI 238 - CEGAT, MADRAS
Customs - Transfer of Residence ... ... ... ... ..... ause she was in advanced stage of pregnancy, and, due to certain sentimental reasons of being in the company of her mother at that time, as was submitted. The reason therefore is not one connected with the termination of work or vacation preceding such termination. Apparently at the time she returned to India her husband continued abroad. In this context therefore the finding of the Additional Collector that the reason for short-fall does not come within the ambit of rule 6 and that therefore the appellant had failed to satisfy the condition under Rule 2(a) of the Transfer of Residence Rules has to be accepted. In this view of the matter the further question of condonation of the short visits does not arise for consideration, as it envisages and follows the fulfilment of the condition of 2 years minimum period of stay abroad. In this view of the matter there is no reason to interfere with the order passed by the Additional Collector of Customs, Madras. The appeal is rejected.
-
1986 (10) TMI 237 - CEGAT, NEW DELHI
Import of goods beyond description in licence ... ... ... ... ..... olations, if any, were of a technical nature and hence the quantum of fine as well as the quantum of penalty is excessive in each case. He cited several decisions to point out that Courts have held that in cases of technical breaches the penalty as well as the fine should be nominal. But in the present case it has been seen that the appellants had deliberately misdescribed, in the correspondence leading to the grant of the advance licence, and in seeking for the duty exemption certificate, the nature of the goods to be imported, with full knowledge that the description given by them would not be in conformity with the goods that were to be actually imported. Taking into consideration the said circumstance I hold that the violations complained of were not merely technical. Taking into consideration the value of the goods imported I hold that the quantum of fine, as well as the penalty, in each of the two appeals requires no interference. Accordingly both appeals are dismissed.
-
1986 (10) TMI 236 - CEGAT, NEW DELHI
Seizure and confiscation ... ... ... ... ..... d details in confessional statement about the manner of the commission of the crime in question leads to an inescapable conclusion that the statement was voluntary and subsequent retraction has no effect. After carefully examining the confession and the surrounding circumstances and the probabilities of the case, we find that the confession has a probable catalogue of events and naturally fits in with the rest of the evidence. Under these circumstances, we are satisfied that the confession made by the appellant Kishan Chand though retracted unerringly prove the charges levelled against him. 18. emsp In the result while maintaining the findings of the Adjudicating Authority, we also reduce the amount of penalty to Rs. 25,000/- under the Customs Act, 1962 and also to Rs. 25,000/- under the Gold (Control) Act, 1968 for the reasons stated above while dealing with the appeals of the other appellants. CONCLUSION 19. In the result, all the appeals are partly allowed as stated above.
-
1986 (10) TMI 235 - CEGAT, CALCUTTA
Remand - Appellate or higher Judicial authority may remand a case with his observations and directions
........
|
