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Case Laws
Showing 21 to 40 of 479 Records
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1998 (11) TMI 682 - SUPREME COURT
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... ... ..... contended, is not "admission" but a prayer in the alternative which can be legally made. 33. The averment contained in the application may not, in the strict sense, be treated as "admission" of the appellants, but their pleadings do exhibit a hesitant mind in as much as Mangat Ram, to their knowledge, was in possession over the land since 1964 and continued to remain in possession uninterruptedly as a tenant, but they circumventively, as artificers, say in their application mat IF possession was found with Mangat Ram, the same may be restored to them. The use of the word "IF' is a deliberate contrivance so as to make the admission conditional. Even if this is excluded from consideration, the findings on the question of possession can still be sustained on the basis of other evidence on record. 34. No other plea was raised before us. For the reasons stated above, we find no merits in the appeal which is dismissed but without any order as to costs.
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1998 (11) TMI 681 - SUPREME COURT
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... ... ..... Section 103 of the Act. But that, in our opinion, is not the end of the matter. The High court had still powers under Article 227 of the Constitution of India to quash the orders passed by the tribunals if the findings of fact had been arrived at by non-consideration of the relevant and material documents the consideration of which could have led to an opposite conclusion. This power of the High court under the Constitution of India is always in addition to the powers of revision under Section 103 of the Act. In that view of the matter the High Court rightly set aside the orders of the tribunals. We do not, therefore, interfere under Article 136 of the constitution of India. The appeals fail and are dismissed. No costs. may within such time as may be prescribed, prefer a petition to the High Court against the order on the ground that the appellate authority or the Land Board, or the Taluk Land Board, as the erroneously, or failed to decide, any question of law." Learned
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1998 (11) TMI 680 - GUJARAT HIGH COURT
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... ... ..... ng the amount to the workers, we direct that the amount equal to that which is directed to be disbursed to the workers shall be paid to the secured creditors on rateable basis for which necessary information will be furnished to the Official Liquidator by the secured creditors. We may also clarify before parting with HC-NIC Page 12 of 13 Created On Wed Jan 17 17 47 57 IST 2018 this case that payment to the workers shall also be subject to the Official Liquidator satisfying himself about the genuineness of their claim as on the date of winding up which would entail inquiry into the question whether the person in whose name the claim is made was the worker of the company and whether the amount claimed was due and payable by the company to the claimant and that the claimant is the same person to whom the amount is to be paid, or a person claiming through him. 19. With the aforesaid directions, the appeals stand disposed of as partly allowed. There shall be no order as to costs.
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1998 (11) TMI 679 - COMPANY LAW BOARD, CHENNAI
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... ... ..... petitioner, the company had taken enormous precaution in the matter of registration of transfer of the shares and whatever the company did was with the knowledge and consent of the petitioner as has been elaborated earlier. The petitioner having acquiesced is now estopped from questioning the registration of transfer. If he is aggrieved that either he was coerced into entering into an agreement before withdrawal of the suit or the terms of the agreement had not been complied with, it is for him to agitate the same elsewhere and not before the Company Law Board under Section 111 as the company was not a party to any such agreement and the company being a listed public company is bound in law to register the transfer of shares when necessary documents are lodged with the company. 15. In view of the foregoing, we find that there is no scope for the grant of the reliefs as sought for by the petitioner and as such we dismiss this petition, however, without any order as to costs.
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1998 (11) TMI 678 - CALCUTTA HIGH COURT
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... ... ..... the amount ordered therein they will subject themselves to execution proceedings in regard to the first Court' decree including the area allowed to be possessed by the landlord in that Court. Although costs were not allowed in the Court below, we are of the opinion that there being about 18 days of hearing in the Court below and 13 before us, it would be most unfair if costs were not to follow the result. The plaintiff-respondent will be entitled to such costs as might assessed by the Taxing Department, both in the Court below and before us. ( 66. ) Copy of the judgment delivered today containing the decree and the order for adjustment be made available by way of authenticated photocopies to the parties subject to their undertaking to have the appellate decree and order duly perfected hereafter. Parties, the departments including the Taxing Department and all others concerned to act on such authenticated photocopies until certified copies are available.Order accordingly.
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1998 (11) TMI 677 - SUPREME COURT
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... ... ..... e till satisfaction of the decree. As that was within the realm of the discretionary jurisdiction of the trial court it could not have been set aside by the High Court in appeal. The cross-appeal will stand allowed to this extent by modifying the judgment and order of the High Court by substituting 15.5 per cent interest instead of 6 per cent interest per annum from the date of the decree till payment. Consequently, Civil Appeal No. 7643 of 1995 is dismissed and the Civil Appeal arising out of Special Leave Petition (Civil) No. 6307 of 1995 is allowed to the aforesaid limited extent. In the net result, the impugned judgment of the High Court is modified to the extent indicated and the order of the trial court will stand wholly confirmed. In the facts and circumstances of the present case, there will be no order as to cost. Interim orders will stand vacated. The security furnished by the respondent-contractor in compliance with the earlier interim order will stand discharged.
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1998 (11) TMI 676 - ITAT MUMBAI
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... ... ..... ew of the CIT(A). The Supreme Court in the case of Central Provinces Manganese Ore Co. Ltd. v. CIT 1986 160 ITR 961/ 27 Taxman 275, held that where the jurisdictional fact attracting the levy cannot be disputed, it will be a question merely of satisfying the relevant authority that there are circum- stances calling for a reduction or waiver of the interest. In the instant case, the advance tax paid is less than the assessed tax as provided in section 215(1) and hence the jurisdictional fact attracting the levy cannot be disputed. The CIT(A) was, therefore, not justified in cancelling the interest on grounds of unforeseen additions or disallowances. Accordingly, we restore the levy of interest. The assessee, may, however, if so advised, approach the Assessing Officer for reduction or waiver of interest under section 215(4). If the assessee so chooses, the Assessing Officer may decide the issue in accordance with law. 29. In the result, the appeal of the department is allowed.
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1998 (11) TMI 675 - BOMBAY HIGH COURT
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... ... ..... Such penalty, if section 68 is extended would be leviable against each person so indicted. And this will create a serious anomaly. Mr. Chandrachud tried to urge, even if section 68 ipso facto is not applicable to the penalty proceedings, principle therein can be extended being a procedural. We are unable to agree. 45. Even if notices so issued purported to be under section 68 for the purposes of penalty under section 50 and 51, the proceedings do hot become bad or illegal. The authorities shall have a due regard to the provisions under section 50 and 51 while imposing penalty against the company, being the only person contravening the Act. 46. In view of this, we do not find any merit or substance in these petitions. Hence they are hereby dismissed. Rule is discharged. P.C. On the oral prayer of the learned Counsel for the petitioners, the interim relief, as granted earlier, to continue for a period of four weeks from today. Certified copy expedited. 47. Petitions dismissed.
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1998 (11) TMI 674 - SUPREME COURT
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... ... ..... ice cannot be imported in the matter of ’legislative action. If the Legislature, in exercise of its plenary power under Article 245 of the Constitution, proceeds to enact a law, those who would be affected by that law cannot legally raise a grievance that before the law was made, they should have been given an opportunity of hearing. This principle may, in limited cases, be invoked in the case of sub-ordinate legislation Specially where the ’main legislation itself lays down that before the sub-ordinate legislation is made, a public notice shall be given and objections shall be invited as is usually the case, for example, in the making of municipal bye laws. But the Principle Of Natural Justice,’ including right of hearing, cannot be invoked in the making of law either by the Parliament or by the State Legislature. No other point was pressed before us. We, consequently, find no merit in this appeal which "is dismissed but without any order as to costs.
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1998 (11) TMI 673 - SUPREME COURT
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... ... ..... determine what is really at issue between parties, and to prevent deviations from the course which litigation on particular causes of action must take." sufficient notice to the other side that he was putting forth a case that first respondent was inducted into the premises by the tenant and such induction is unlawful. Appellant could not made a further elaboration as to who is the legal heir of the original tenant and Nance appellant adopted the cautious approach without committing themselves as to who, among the rival claimants to the legal heir-ship of Ms. Shanta Sabnis is responsible for such unlawful act. We are, therefore, of the clear view that learned single judge ought not have disturbed the concurrent findings on such an erroneous consideration. High Court has thus erred as it exceeded its jurisdiction. Hence we allow this appeal and set aside the impugned judgment of the High Court and restore the order of the trial court as confirmed by the appellate court.
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1998 (11) TMI 672 - AUTHORITY FOR ADVANCE RULINGS
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... ... ..... value of any benefit or amenity provided at a concessional rate. The next question is whether there should be a deduction of tax at source by the American company in respect of the income arising on account of stock option. The gain made by an employee after exercise of the stock option may be taxable as salary. The American company has taken upon itself the responsibility of paying this salary. The provision of section 192 of the Income-tax Act will be clearly attracted. It will have to deduct tax at source before payment of any salary to the employees of the subsidiary company. By devising the stock option scheme, the American company has taken upon itself the responsibility for paying, what must be regarded as “salary” to the employees of the Indian company. They are under obligation under section 192 to deduct income-tax at source on the amount payable to the employees. We, therefore, answer both the questions in the affirmative and in favour of the Revenue.
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1998 (11) TMI 671 - CESTAT CHENNAI
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... ... ..... borne in mind by the ld. Lower Authority while levying the penalty, in the remand proceedings. 114. In this view of the matter, since it is held by the majority decision that the appellants are not entitled to the benefit of Notification and since it has also been held that the decision of the learned lower authority for the increase in the value of the goods imported from US 150 to 240 Per MT (imported acrylic scraps) has been rightly arrived at, therefore, the duty of ₹ 72,47,895/- as per the work sheet at Annexure II to Clause (f) of the impugned order is hereby confirmed. 115. In view of the majority decision that the acrylic scrap was used in the exported garbage bags, the licence in question is valid. 116. In the result, the impugned order is partly set aside and partly confirmed in terms of the above observation. 117. The appeals are disposed of in the above terms. Sd/- (V.K. Ashtana) Member (T) Sd/- (T.P. Nambiar) Member (J) Dated 27-2-1998
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1998 (11) TMI 670 - SC ORDER
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... ... ..... aik, JJ. ORDER Appeal dismissed.
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1998 (11) TMI 669 - ITAT MUMBAI
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... ... ..... tax or income-tax." In this connection, the Hon’ble Supreme Court confirmed the Allahabad High Court decision in the case of CIT v. Vikram Cotton Mills Ltd. 1977 106 ITR 829. Therefore, I have no hesitation in mind to hold (1)The warehouses constructed by the assessee-company are commercial assets. (2)The intention while constructing the warehouses is only to exploit them and carry on business with those warehouses. (3)In fact there is ample evidence on record that they began using the warehouses for letting out to various parties, charging rent for warehousing their products and thus the assessee-company intended to derive profit from business conducted by it. Therefore, the rent receipt derived by the assessee-company, in the light of the above decisions, is clearly to be held as ‘business income’ and not as ‘income from house property’. 6. In view of the above, the orders of the authorities below are set aside and the appeal is allowed.
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1998 (11) TMI 668 - SUPREME COURT
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... ... ..... e High Court was plainly incorrect. Whatever may be the powers of the appellate authority, the Disciplinary Authority will have to be satisfied with the procedure adopted by the Enquiry Officer before passing an order. It does not stand the logic that in a given case the appellate authority could order a fresh enquiry and not the Disciplinary Authority at whose instance the enquiry began and which is not satisfied with the enquiry held for some vital defects in the procedure adopted. Therefore the order made by the High Court cannot be sustained. The same stands set aside and we allow the appeal and dismiss the writ petition filed by the respondent. ( 5. ) CONSIDERING the fact that this matter has been pending before the authorities for a long time, we direct the appellant to complete the enquiry as expeditiously as possible but within three months from today and take an appropriate decision. The appeal is allowed in the aforesaid terms. No order as to costs. Appeal allowed.
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1998 (11) TMI 667 - AUTHORITY FOR ADVANCE RULINGS
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... ... ..... applicant does not have a permanent establishment in India. The interest amount in dispute has not arisen out of any business operation in India. It is statutory interest granted on delayed refund under the provisions of section 244/243 of the Income-tax Act. There cannot be any dispute that the interest has been paid on delayed refund. Refund due and payable to the assessee is debt owing and payable. For delayed payment of this debt, interest will have to be paid by virtue of the provisions of section 243/244 of the Income-tax Act. The debt claim is not connected in any way with any activity of a permanent establishment or base in India. The right to get interest arose because of the delay in making refund of excessive collection of the tax. This is clearly a case falling under paragraph 2 of article 12 of the DTAA. On the facts as stated by the applicant the application must succeed. Both the questions raised are answered in the affirmative and in favour of the applicant.
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1998 (11) TMI 666 - ITAT MUMBAI
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... ... ..... Income-tax Act. 22. The learned counsel for the assessee explained that the assessee is a diabetic patient and is suffering from number of diseases. The job of direction and organisation of shows abroad is strenuous and, therefore, the assessee cannot carry on alone in foreign land without his wife and children looking after him. Therefore, children accompany the assessee on some shows not for pleasure trip, but a matter of necessity. At any rate, the question whether provision of section 28(iv) is applicable to expenditure incurred on assessee’s wife and children could not be considered in proceedings to determine undisclosed income. 23. We find force in above submission advanced by the learned counsel for the assessee and hold that income could not be added in these proceedings. Accordingly, we see no justification for addition in question as "undisclosed income" and direct that the same be deleted. 24. In the result, the assessee’s appeal is allowed.
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1998 (11) TMI 665 - SUPREME COURT
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... ... ..... er and assistant. He should at all times pay deferential respect to the Judge, and scrupulously observe the decorum of the court room." (Wervelle's Legal Ethics at p.182) Of course, it is not a unilateral affair. There is a reciprocal duty for the court also to be courteous to the members of the Bar and to make every endeavour for maintaining and protecting the respect which members of the Bar are entitled to have from their clients as well as from the litigant public. Both the Bench and the Bar are the two inextricable wings of the judicial forum and therefore the aforesaid mutual respect is sine qua non for the efficient functioning of the solemn work carried on in courts of law. But that does not mean that any advocate or group of them can boycott the courts or any particular court and ask the court to desist from discharging judicial functions. At any rate, no advocate can ask the court to avoid a case on the ground that he does not want to appear in that court.
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1998 (11) TMI 664 - SC ORDER
Manufacture — Crushing of stones into stones of smaller size amounts to manufacture attracting duty under Heading 25.05
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1998 (11) TMI 663 - AUTHORITY FOR ADVANCE RULINGS
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... ... ..... icant would attract article 16 of the DTAA. In the light of the aforesaid position, the conclusions of the authority with respect to the questions posed by the applicant are as under A. Whether professional fees receivable by the applicant Mr. Von Der Mark are taxable in India, in view of article 14 of the Agreement for Avoidance of Double Taxation dated April 14, 1994, between India and the Federal Republic of Ger many, having regard to the fact that no services are rendered in India. B. Whether income-tax is deducti ble at source under section 195 of the Income-tax Act, 1961, by Penn walt India Ltd. at the time of remit tance of the said professional fees by Pennwalt India Limited to Mr. Von Der Mark. No. However, the fee received by the applicant for sittings of the board of direc tors and similar payments, if any, would be liable to be taxed under article 16 of the DTAA between India and the Federal Republic of Germany and in this regard, the tax at source is deductible.
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