Chennai Court February 2007 Judgments

Frontier Offshore Exploration Vs. the Dy. Cit

Court: Income Tax Appellate Tribunal ITAT Chennai

1. In this appeal by the assessee the following grounds have been raised: (1) The Learned CIT(A) grossly erred in confirming the addition of Rs. 45.4().61.871 Under Section 40(a)(i) of the Income-tax Act. 1961. (2) He failed to appreciate that appellant was under an obligation to deduct tax at source Under Section 195 of the Act from the income changeable under the Act and not from the gross payments made to the non residents. (3) He grossly erred in ignoring the provisions of Section 44BB of the Income-tax Act. 1961 to arrive at the income of the non residents to whom payments were made by the appellant company.2. The brief facts of the case are that during the year the assessee had made certain payments in foreign currency in pursuance of an agreement with ONGC and Hardy Exploration and Production (India) Inc.("HEPII" for short) to drill oil wells in Indian waters off the coast of India. For execution of these contracts, the assessee company had taken two drilling units. which were ...

B.D. Kaitan and Co., Rep. by Commercial Manager Bimal Modi Vs. A. Rama ...

Court: Chennai

Reported in: II(2007)BC292

A.C. Arumugaperumal Adityan, J.1. This appeal has been preferred against the judgment in C.C. No. 74 of 1995 on the file of the Court of First Additional District Judge-cum-Chief Judicial Magistrate, Coimbatore.2. The complainant has preferred a private complaint under Section 200 Cr.P.C. for an offence punishable under Section 138 of the Negotiable Instruments Act, 1881 against the accused.3. The averments in the complaint in brief relevant for the purpose of deciding this appeal are as follows:The complainant is the Commercial Manager of M/s B.D.Khaitan & Co., The accused is the proprietor of M/s Murugan Agencies , door No. 28, Anna Street, Sengutta, Katpadi ,who is the customer under the complainant's company. On many occasions, the complainant Company had supplied the goods to the accused, on the basis of the orders placed by the accused to the complainant's company. The accused did not pay the entire amount of goods supplied by the complainant, after taking delivery of the same. A...

Raghubir Prasad Garg, Proprietor, Bhagwati Steel Trading Co. Vs. Prahi ...

Court: Chennai

Reported in: II(2007)BC387

A.C. Arumugaperumal Adityan, J.1. These appeals have been preferred against Judgment in C.C. No. 5088 & 5094 of 1997 respectively on the file of the Court of VII Metropolitan Magistrate, George Town, Madras.2. In Crl.A. No. 495/1999:2(a) The complainant in C.C. No. 5088/1997 is the appellant herein. A private complaint was preferred under Section 200 of Cr.P.C for the offence under Section 138 of the Negotiable Instrument Act. The private complaint reads as follows:The accused owes Rs. 40,999/- to the complainant in connection with the purchase of steel from complainant's company. In discharge of the said amount the accused had drawn four cheques each for Rs. 10,000/- on 25.6.1997 and another cheque for Rs. 2,985.65 on 25.6.1997. When those five cheques were presented in the bank on 26.6.1997 they were dishonoured on the ground that there was no sufficient funds in the account of the accused. When the above cheques were presented on 16.7.1997 at the request of the accused in the Bank, ...

Commissioner of Income Tax Vs. Sun T.V. Ltd.

Court: Chennai

Reported in: (2007)211CTR(Mad)108; [2008]296ITR274(Mad)

P.D. Dinakaran, J.1. This appeal is directed against the order of the Income Tax Appellate Tribunal dated 3.8.2006 made in ITA. No. 125/Mds/2002 for the assessment year 1998-99, raising the following substantial question of law:Whether in the facts and circumstances of the case, the Tribunal was right in treating the right to telecast the programme in foreign countries, as a sale of goods or merchandise eligible for the purpose of deduction under Section 80HHC? 2.1. Only a woodcut reference to the facts of the case is suffice. The assessee company is engaged in the business of telecasting Tamil Programmes through satellite. The assessee company entered into agreements with four parties, viz., (i) MTV Channel P. Ltd., Colombo, (ii) Radio Asia, South Africa, (iii) Singapore Cable Vision, Singapore; and (iv) Singapore Television Twelve P. Ltd., Singapore giving them rights to telecast programmes produced by the appellant, and for having given the rights to the above parties, the appellant...

United India Insurance Co. Ltd. Vs. Jabeen and ors.

Court: Chennai

Reported in: (2007)3MLJ58

ORDERR. Banumathi, J.1. As against the award passed by the Motor Accidents Claims Tribunal, 'Whether claimants can enter into terms with the Insurance Company in full and final settlement and if so, can the claimants resile from such compounding terms', are the points falling for consideration in this revision.2. Backgrounds facts in nutshell are as follows:2.1. Claiming compensation for death of one Syed Nasser, Respondents/claimants filed O.S. No. 1478/1996, claiming compensation of Rs. 6,00,000/-. Tribunal has awarded compensation of Rs. 5,03,470/- on 22.01.1999. According to the Insurance Company, the then counsel Mr. Udayakumar gave a proposal dated 08.04.1999, accepting the amount 30% lesser than the awarded amount in full and final settlement of the award passed. Respondents 1 to 5 have executed an undertaking that they would accept a sum of Rs. 5,00,000/- in full and final settlement of the award amount including interest and cost. Claimants filed memo for Full satisfaction of ...

Tvl. Aruna Malai College of Education, Run by the Indira Gandhi Educat ...

Court: Chennai

Reported in: (2007)4MLJ129

ORDERPrabha Sridevan, J.1. The petitioners, educational institutions, after having admitted the students before they were granted affiliation by the second respondent/University, are now before this Court pleading the plight of the students.2. The facts in W.P. No. 45461 of 2006 are stated hereunder:The petitioner/Trust was started in the year 1996. It was granted recognition by the National Council for Teacher Education ('NCTE' in short) for running a Teachers' Training Institute. It applied to the third respondent/NCTE for recognition for conducting the B.Ed. Degree Course. The third respondent was satisfied that the petitioner had complied with the norms prescribed under the National Council for Teacher Education Act, 1993 ('NCTE Act' in short) and granted recognition for the academic year 2005-2006 vide its order dated 9.3.2006. The order was also communicated immediately to respondents 1 and 2. The petitioner thereafter approached the second respondent/University for grant of affi...

Pushpanjali Silk Private Ltd., Represented by Its Director Sanjiv Kuma ...

Court: Chennai

Reported in: 2007(118)ECC260; 2007LC260(Madras)

ORDERK. Raviraja Pandian, J.W.P. No. 4956 of 20071. By consent the main writ petition itself is taken up for disposal. 2. The writ petition is filed for issuance of writ of mandamus directing the respondents to permit release of Mulberry raw silk imported under Bill of Entry No. 356906 dated 14.12.2006 on a provisional assessment basis at the declared value of USD 13.40 on furnishing a personal bond.3. The necessary facts for the disposal of the writ petition are as follows : The petitioner is a company and importer of raw silk through Chennai port. The petitioner, in the course of its business, imported 8840.60 kgs of raw silk from Uzbekistan under the bill of entry No. 356906 dated 14.12.2006 declaring the value of the goods on the basis of the unit price at USD 13.40/kg. CIF as declared in the invoice of the foreign supplier. On a querry made by the respondents as to the country of origin, the petitioner filed a certificate issued by the Dubai Chamber of Commerce and Industries cert...

The Commissioner of Customs and Central Excise Vs. the Official Liquid ...

Court: Chennai

Reported in: [2007]139CompCas591(Mad); (2008)1CompLJ181(Mad)

ORDERK. Raviraja Pandian, J.1. The above writ petition is filed for issuance of writ of certiorarified mandamus to call for the records relating to the Sale Notice dated 18.10.2006 published by the first respondent in Daily Newspaper dated 29.10.2006 and quash the same and forbear the first respondent from in any way permitting the removal of the goods in private banded warehouse (i.e.) plant and machinery etc., without settlement of the Customs Duty, Central Excise duty and interest payable by the second respondent. 2. Learned Counsel for the petitioner relied on the Division Bench judgment of the Andhra Pradesh High Court in the case of Union of India v. Ugam Agro Tech Limited made in W.P. No. 23601 of 2006 dated 23.11.2006. 3. The case of the petitioner is that the second respondent a Company in liquidation imported capital goods by availing duty exemption granted in favour of 100% export oriented unit under the scheme without payment of any customs duty by bonding the goods to the ...

Ramasamy and Selvaraj Vs. Kamalammal,

Court: Chennai

Reported in: 2007(4)CTC81

P. Jyothimani, J.1. The defendants in the Trial Court are the appellants. The first respondent has filed the suit on the promissory note stated to have been executed by the defendants on 05.01.1989 for an amount of Rs. 10,000/- agreeing to repay the said amount along with 12% interest. The defendants have denied the receipt of the said amount. However, it was the specific case of the defendants that they have received Rs. 8000/- from the plaintiff in 1981 but the plaintiff has obtained a promissory note from the defendants for Rs. 10000/- on 09.11.1981. It was at that time, according to the defendants, the plaintiff has obtained signatures of the defendants in a blank stamp paper. The defendants have returned the amount received by the plaintiff in 1981 and thereafter, there was no transaction between the defendants and the plaintiffs and at the insistence of the brother of the first defendant one Marimuthu, the suit promissory note was created in the blank paper. The promissory note w...

S.V. Shankar Vs. Settlement Commission (it and Wt) and anr.

Court: Chennai

Reported in: [2007]292ITR633(Mad)

Chitra Venkataraman, J.1. The petitioner seeks the issue of a certiorarified mandamus to quash the order dated 5-8-2002, passed by the first respondent herein, namely, the Settlement Commission, and to direct the first respondent to rehear the case after considering the evidence and materials.2. The petitioner herein filed an income-tax settlement application for settlement of his liability relating to the assessment years 1988-89 to 1994-95. By order dated 5-9-2002, the first respondent passed an order and determined the estimated income. The Commission noted that the basic problem in the case was in estimating the net profit income. Since the seized documents did not relate to all the years for consideration, the Commission adopted an average of two rates of profit as disclosed in the seized records of Lakshmi Agency and Kumaran Agency. It fixed the percentage at 0.75 per cent, of the turnover relating to the assessment years 1990-91 to 1993-94 and allocated to different assessment y...