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Case Laws
Showing 41 to 60 of 363 Records
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2000 (6) TMI 764 - HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Winding up - Circumstances in which a company may be wound up ... ... ... ... ..... r connection, etc., the petitioner rsquo s case that the admitted amount of Rs. 3,30,260 is towards those heads, cannot stand. 5. Apart from the fact that the cheque which was issued by the respondent is in the name of Kejriwal and Sons (P.) Ltd. and not in the name of director Mr. M.L. Kejriwal. Prima facie, it appears that the respondent rsquo s defence that by the cheque issued in favour of the petitioner, the amount of loan was repaid, is correct, it would be for the petitioner to establish that the cheque is not towards the payment of loan amount but towards the directors rsquo fee, petrol expenses, telephone connection, power connection, etc. These are disputed questions of fact which cannot be gone into in the company petition. The respondent has, prima facie, a bona fide defence that the amount of loan was repaid. 6. For the reasons stated above, the company petition filed for winding up of the respondent-company is dismissed with costs which I assess to be Rs. 3,000.
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2000 (6) TMI 761 - CEGAT, KOLKATA
Appeal - Retention of ... ... ... ... ..... issued by CEGAT, New Delhi. It is brought to our notice that the applicants have their Registered Office in Orissa which falls within the jurisdiction of East Regional Bench. In support of the above submission, a Certificate issued by the Registrar of Joint Stock Companies, Orissa has been placed on record. 2. emsp In view of what has been stated above, we allow the Miscellaneous Application.
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2000 (6) TMI 759 - CEGAT, KOLKATA
Stay - Detained goods ... ... ... ... ..... enue should be restrained from sale of the goods till the Order of the Tribunal on their earlier appeal is passed and the adjudication is complete by the Commissioner. 3. emsp Shri R.K. Roy, learned J.D.R. for the Revenue submits that the goods being of perishable nature, Revenue is well within its right to sell the same even before the adjudication of the case by the Commissioner, inasmuch as huge amount of revenue is involved. 4. emsp After hearing both sides, we find force in the arguments of learned Advocate. Accordingly, we direct the Customs Authorities to defer with their action of sale of the goods and adjudication of the case till the appeal filed by the applicants against the Order of extension of period for issuance of show cause notice is disposed of and Order of the Tribunal becomes available, as we find that this action would be appropriate and proper in the interest of justice to the applicants. Miscellaneous Application is disposed of accordingly. Order dasti.
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2000 (6) TMI 745 - CEGAT, NEW DELHI
Modvat/Cenvat - Modvat, CVD credit - Manufacture-in-bond ... ... ... ... ..... ideration of the rival submissions and perusal of record, we find that inasmuch as the respondents had obtained steel sheets on payment of CVD duty and they had also cleared waste and scrap on payment of appropriate Central Excise duty, it was immaterial whether the duty was paid in two stages or in one stage. There is no dispute on the basic facts that the availment of Modvat credit of duty was on the total quantity of steel sheets imported by them. The said quantity had also been used in the manufacture of body panels. Waste and scrap which arose during the manufacturing process was cleared to dealers/customers on payment of appropriate duty. The fact that the process was carried out during into Ex-Bond Bill of Entry or that the duty was paid in two stages or one stage, will not make any difference. We are, therefore in agreement with the reasoning given by the Commissioner in para (i) of his findings. 7. emsp As a result we find no merit in this Appeal and reject the same.
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2000 (6) TMI 737 - HIGH COURT OF GUJARAT
Winding up - Exercise and control of liquidator’s powers ... ... ... ... ..... eing disposed of the machinery would be in working condition and reasonable amount can be fetched if put to auction. Even the buildings may fetch better price if offered within a reasonable period from closer, but after passage of few years, the machinery as well as buildings will lose its appreciation in terms of value, and in several cases, may be totally useless. The reasons for that may be several. 11. With these directions to the Official Liquidator to make an application with regard to appointment of a Receiver and for appointment of special or additional staff and also to the respondent No. 1 to appoint adequate staff in the office of the Official Liquidator so that the orders of the Court in liquidation proceedings can be complied with and the creditors including labourers may not suffer, we dispose of this petition with a hope that no further action will be required to be taken up by this Court in this regard. 12. Rule made absolute accordingly. No order as to costs.
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2000 (6) TMI 736 - HIGH COURT OF GUJARAT
Winding up - Appointment and powers of provisional liquidator ... ... ... ... ..... l aspect can be taken care of by the learned Company Judge before whom the matter is pending. 10. The matter is pending only at a notice stage before the learned Company Judge and only ad interim relief has been granted. All the contentions which have been raised here could have been raised by the appellant before the learned Single Judge and it was not necessary for the appellant to rush to this Court particularly when the notice was made returnable on 18-5-2000. However, the learned counsel for the appellant insisted that the contentions which he is raising should be decided and that is why we have rendered this order. 11. For the reasons given above, the appeal is summarily dismissed. It is made clear that nothing said in this order in connection with the ad interim relief and appointment of provisional liquidator should be taken to be conclusive by the learned Single Judge while deciding the matter on merits in light of the contentions that may be raised by the appellant.
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2000 (6) TMI 735 - HIGH COURT OF ANDHRA PRADESH
Offences - Production and inspection of books where offence suspected, Search warrants - Issue of, Fundamental rights
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2000 (6) TMI 734 - HIGH COURT OF KERALA
Offences - Penalty for false evidence, Winding up - Suits stayed on winding up order ... ... ... ... ..... t may record the finding that it is expedient in the interest of justice to hold an inquiry into the offence alleged to have been committed by the managing director of the company under section 193 read with sections 191, 199 and 51 of the Indian Penal Code and also to direct an officer of this Court to make a complaint under section 340 Cr. P.C. Since this Court is not in a position to take cognizance of the offence alleged to have been committed by the managing director of the company under section 629 the petition has to be dismissed without prejudice to the right of the petitioner herein to file a separate petition alleging Commission of offence in respect of which inquiry can be conducted for filing a complaint under section 340. The application is, accordingly, dismissed without prejudice to the right of the petitioner herein to file a separate petition alleging commission of offence in respect of which inquiry can be conducted for filing a com plaint under section 340.
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2000 (6) TMI 733 - HIGH COURT OF CALCUTTA
Winding up - Circumstances in which a company may be wound up ... ... ... ... ..... that the execution was not for valuable consideration received but it was for and by way of a collateral security. This judgment can thus be distinguished on the simple ground that in our case the appellant has categorically denied the execution of the promissory notes. In the face of such a denial, therefore, the winding up Court cannot be in a position to resolve the disputed questions of non- execution of the promissory notes or as to whether any consideration had passed or not. The parties are, therefore, best left by being relegated to a suit. 8. For the aforesaid reasons, therefore, the appeal succeeds and the judgment under appeal is set aside. The parties are relegated to a suit. 9. The application and the appeal, being treated as on day rsquo s list, are disposed of accordingly. All undertakings in that behalf stand discharged. There will be no order as to costs. 10. All parties concerned to act on a signed xerox copy of this dictated order on the usual undertaking.
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2000 (6) TMI 731 - HIGH COURT OF RAJASTHAN
Courts - Jurisdiction of, Offences - To be cognizable only on complaint by Registrar, shareholder or Government
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2000 (6) TMI 710 - CEGAT, MUMBAI
Adjudication vis-à-vis valuation - Power - Monetary jurisdiction ... ... ... ... ..... following monetary limits for adjudication of Central Excise cases other than the cases relating to approval of classification and price lists. rdquo The limit for the Asst. Collector where duty was involved was Rs. 50,000/-. There is no dispute that the duty involved in each show cause notice exceeds this amount. The Asst. Collector rsquo s order records that the separate prices for dealers situated up to 1200 km and those beyond 1200 km in the price list filed by the assessee were not accepted. It goes on to say that the Superintendent issued three show cause notices for recovery of duty. It is thus clear that the notices which were issued for recovery of duty were in consequence of the disapproval by the Asst. Collector of the claim in the price list by the assessee to have two sets of prices. Such a case therefore is not a case relating to approval of price list. We therefore do not find any infirmity in the Commissioner (Appeals) rsquo s order. 3. emsp Appeal dismissed.
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2000 (6) TMI 703 - CEGAT, MUMBAI
Stay/Dispensation of pre-deposit - Clandestine manufacture ... ... ... ... ..... xty lakhs) as pre-condition to hearing of their appeals. We also in addition direct them to deposit a further sum of Rs. 5 lakhs (Rupees Five lakhs) towards penalty. On such deposits being made, the need to deposit the remainder of the duty as also the penalty shall stand waived and its recovery stayed. 12. emsp As far as the traders are concerned, the statements admit to their having been received goods without payment of duty. A number of traders also made deposits towards the duty evaded. The Commissioner appears to have imposed penalties as of certain proportion to duty evaded. We, therefore, direct each of the traders on whom penalties have been imposed to deposit 20 thereof as precondition to hearing of their appeals. On such deposits being made, the need for depositing the remainder shall stand waived and its recovery stayed. 13. emsp All applicants are given a period of ten weeks to make the payment. The period is to be computed from the date of receipt of this order.
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2000 (6) TMI 696 - ITAT AMRITSAR
Business disallowanc ... ... ... ... ..... ity whatsoever in the order passed by the learned CIT(A). Consequently, the appeal filed by the revenue is dismissed. It is relevant to point out that in the instant case, the Assessing Officer considered that the assessee allegedly made the purchase from M/s. Munna Lal Sat Parkash of Shahpur, Muzaffar Nagar (U.P.) i.e., the same party, which was also involved in the case of M/s. Pawan Kumar Sham Lal, Bhikhi (supra). Considering the totality of the facts and the circumstances of the case, we are of the view that the Assessing Officer was not justified in making the addition in the hands of the assessee in view of the findings given by this Bench of the Tribunal vide its order dated 11-8-2000 in the case of ITO v. M/s. Pawan Kumar Sham Lal, Bhikhi (supra). So respectfully following the aforesaid order we set aside the order of the CIT(A) and allow the claim of the assessee. 8. In the result, the appeal of the Department is dismissed while the appeal of the assessee is allowed.
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2000 (6) TMI 688 - CEGAT, MUMBAI
Valuation - Distributors vis-a-vis stockists ... ... ... ... ..... e denied to the distributors too. This ground which is contained in the notice, has already been dealt with by the Asstt. Collector who finds a difference in the function of the distributor and the stockist and accepted the contention made before him that discount was given to the distributors to recompense for the expenses incurred by them in carrying out their function as distributors, which the stockists were not required to do. This reasoning is not questioned in the appeal. 3. emsp Accordingly we find no reason to interfere and dismiss the appeal.
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2000 (6) TMI 687 - CEGAT, MUMBAI
Customs House Agent’s licence - Suspension of ... ... ... ... ..... r because we felt certain irregularities seem to have been committed. In exercising the discretion vested in us as a quasi judicial authority we were not guided by our private opinion. We think we should follow the logic. We granted time to the jurisdictional Commissioner, taking note of the institution of the Custom House clearing agents whose services are required importantly in the working of the Custom House. We sought the factual position but the report filed by the jurisdictional Commissionerate proves that the matter is played like a football from one Commissionerate to another Commissionerate without making any progress in the case. The rightful avocation of carrying on the business should not be unnecessarily hampered by the executive. This is a case where the Custom House has not taken proper care, devotion and attention which the case deserves. We therefore allow the appeal and set aside the impugned order. In view thereof the stay petition also stands disposed of.
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2000 (6) TMI 673 - CEGAT, KOLKATA
Penalty - Smuggling - Evidence ... ... ... ... ..... emsp As regards the Riyasad Ali, I find that his name appears in the statement of Hasan Ali, which is to the effect that he was directed by the said person to contact Shri Umesh Kumar at Motihari for transporting the smuggled ball bearings. Shri Riyasad Ali has denied that he had given any such directions to Shri Hasan Ali. Shri Das has contended that imposition of personal penalty upon the appellant based upon the uncorroborated statement of the driver is not warranted. He also relies upon the Tribunal rsquo s decision in the case of Rajendra Prasad v. CC, Patna - 2001 (136) E.L.T. 925 (T) 2000 (39) RLT 573, wherein penalty imposed upon the appellant in that case based upon the uncorroborated statement of the co-accused was set aside. I find the ratio of the decision is fully applicable to the fact of the instant case. 5. emsp In view of the foregoing discussions I allow both the appeals and modify the order to the extent indicated above. Stay petitions also get disposed of.
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2000 (6) TMI 669 - CEGAT, MUMBAI
Stay/Dispensation of pre-deposit - Demand - Limitation ... ... ... ... ..... ges from the argument advanced before us that in the process undertaken by the applicant in its factory, the ammonia cannot be converted into ammonia nitrate phosphate without necessarily being converted initially into nitric acid. This would therefore hold good both for the ammonia manufactured in the factory as well as the ammonia procured from outside. The fact of clearance of nitric acid by it on payment of duty from the factory would have been known from the RT 12 returns showing payment of duty on the nitric acid. Since common storage was permitted, common use of ammonia manufactured by it in the factory, and brought into it would have been known to the department. Therefore, it is difficult to resist the prima facie conclusion that the department would have been aware of the facts. 7. emsp The notice therefore would be prima facie barred by limitation. Accordingly, we waive deposit of the duty and penalty imposed on the assessee and its manager and stay their recovery.
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2000 (6) TMI 655 - CEGAT, CHENNAI
Adjudication - Waiver of show cause ... ... ... ... ..... e-laws noted above. As the goods have already been cleared out of customs charge in compliance of Hon rsquo ble High Court rsquo s Order, it only follows that appellants shall keep the Bond as well as the Bank Guarantee alive till the conclusion of these de novo proceedings. Ordered accordingly. rdquo 4. emsp In this case also, it is not disputed that Custom House have based their conclusions on the technical opinion of TNEB officials. Therefore, the ratio of final order noted above is squarely applicable to the facts of this case. Respectfully, following the ratio of Division Bench rsquo s decision in the cited final order, I set aside the Order-in-Appeal impugned and the attendant Order-in-Original and remand the case to the original authority for de novo adjudication after supplying the copy of TNEB officials rsquo technical opinion and also copy of the Bill of Entry relied upon for enhancing the assessable value. 5. emsp The appeal is allowed by way of remand accordingly.
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2000 (6) TMI 654 - CEGAT, KOLKATA
Penalty on employees of company reducible when penalty also imposed on company - Clandestine removal
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2000 (6) TMI 651 - CEGAT, MUMBAI
Rectification of mistake - Scope ... ... ... ... ..... rder-in-Appeal in the present case is M/s. Bombay Plastic Udyog, New Delhi Order-in-Appeal No. 626/95 BCH, dated 7-9-1995. For the aforesaid 2reasons the applicant prays that this Hon rsquo ble Tribunal may be pleased to permit the department to attach the correct statement of facts and grounds of appeal pertaining to the Order-in-Appeal No. 626/95 BCH, dated 7-9-1995 and the Order-in-Original No. S/10-25/93-B2, dated 3-9-1993. rdquo 3. emsp The subject provision empowers the appellate Tribunal to amend any orders passed by them in the presence of an error apparent on the face of the record. We find that the ld. Commissioner has continued to omit applying his mind in making this application also. He has not understood that this provision is not for rectification of his mistake. 4. emsp Finding no merits in the application we dismiss the same. 5. emsp A copy of this order be sent to the Member in-charge of Customs in the Central Board of Excise and Customs for his information.
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