Chennai Court April 2010 Judgments
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K. Sakthivel Vs. Additional Director General of Prison,
Court: Chennai
Decided on: Apr-26-2010
ORDERT. Raja, J.1. The petitioner, K. Sakthivel, who was appointed as Secondary Grade Teacher on 21.05.1990 at Salem Central Prison, joined the jail service. Subsequently, he was transferred to Kovai Central Prison in the year 1994. While he was serving at Kovai Central Prison, on 19.05.2003, at about 16.50 hours, at the time of returning from duty he was searched by the Jailer at his office and the following contraband articles were recovered by him.1. Cash Rest. 65/- 2. Green colour pocket diary having so many addresses and Telephone numbers 3. Nila Xerox Bills 3 Nose 4. Nila Xerox Bills 1 No 5. Salem Telephone Receipt 1 6. Telephone Receipt 3 7. Chit Written as CA. No. 768/2000 L. Rajan Soundarapandian 8. Sudhakar Advocate visiting card 9. TPDA Nagaraj - Radhakrishnan chit 10. Elango phone no 11. Chit written with phone number Rest. 500/- and to Kaliappan addressed to Arumugam 12. M.O. Receipt for Rest. 400/- sent by one Parvathy with a request to handover it to the concerned prison...
Dr. Indiran Nanchil Vs. the President, Dhakshina Barath Hindi Prachar ...
Court: Chennai
Decided on: Apr-26-2010
ORDERT. Raja, J.1. The writ petition has been filed seeking issuance of a writ of certiorarified mandamus to call for the records relating the Dhakshina Barath Hindi Prachar Sabha (hereinafter referred to as the 'Sabha'), to reconstitute the Sabha as per the Dhakshina Barath Hindi Prachar Sabha Act, 1964 (Act 14 of 1964).2. The petitioner, Dr. Indran Nanchil, who claims to be a life member of the Sabha and also President of All India Annai Sonia Tamil Valarchi Peravai and also claims to be the leader of a Trade Union and former student of the Sabha, has filed the petition on the ground that so many complaints alleged to have been made by the public to All India Annai Sonia Tamil Valarchi Peravai against the Sabha. In view of the complaints received from the general public, the Executive Committee of the All India Annai Sonia Tamil Valarchi Peravai appointed a 5 member expert committee headed by the petitioner to observe the activities of the organisation and to submit report before the...
M/S. Rane Trw Steering Systems Pvt. Ltd. Vs. Cce, Trichy
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Apr-26-2010
The credit of Rs.3,30,486/- taken on service tax paid on house keeping and garden maintenance service has been denied on the ground that these are not used in or in relation to the manufacture of the final products of the assessee. In addition, a penalty of Rs.2,000/- has been imposed in terms of Rule 15 of the CENVAT Credit Rules, 2004. 2. I have heard both sides. I find that the definition of input service is wide enough to take in the services in question as they can certainly put the activities relating to the business. My view finds support from the decision of the Tribunal in ISMT Ltd. Vs. CCE, Aurangabad - 2010-TIOL-27 holding that garden maintenance services are input services and credit on such service is admissible. Following the ratio of the above decision, which in turn relies upon other decisions of the Tribunal including that in Millipore India Ltd. Vs. CCE, Bangalore - 2009-TIOL-490, I set aside the impugned order and allow the appeal....
Cce, Chennai Vs. M/S. Sundaram Fasteners Ltd.
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Apr-26-2010
The Revenue is aggrieved by the finding of the Commissioner (Appeals) that credit of service tax paid on house keeping and van hiring charges for bringing employees to the factory is admissible. 2. I have heard both sides and find that this is not a fit case for admission as the issue regarding credit of tax paid on van hiring charges stands decided against the Revenue in more than one decision of the Tribunal. House keeping services have also been held to be input service in the case of Rane TRW Steering Systems Pvt. Ltd. Vs. CCE, Trichy [Appeal No. ST/638/2009] and therefore, I hold that it is not a fit case for admission and accordingly dismiss the appeal as not admitted....
M/S. Shardlow India Limited Vs. Cce, Chennai
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Apr-26-2010
The brief facts of the case are that during the period 14.9.2004 to 30.9.2005, the appellants herein who are manufacturers of steel forgings, axle shafts and dies received furnace oil from M/s. Indian Oil Corporation Ltd., Tondiarpet Terminal, under the cover of invoices and took CENVAT credit based on such invoices. The credit availed was found to be in excess inasmuch as M/s. IOC had passed on excess credit by not adopting duty paid by CPCL (from whom M/s. IOCL had received furnace oil) and also such invoices are not a valid document as they do not satisfy Rule 9(a) of CENVAT Credit Rules, 2004. Hence a show-cause notice dated 13.6.2007 was issued for recovery of Rs.2,45,140/- being the excess credit availed. The demand was confirmed together with interest and a penalty was also imposed. The Commissioner (Appeals) upheld the adjudication order; hence this appeal. 2. I have heard both sides. I find that the appellants are correct in their submission that the demand cannot be sustained...
Cce, Madurai Vs. State Bank of India, Virudhunagar
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Apr-26-2010
The above appeal is dismissed for want of COD clearance, with liberty to the Revenue to apply for restoration as and when the clearance is granted....
M/S. Chola Business Services Ltd. Vs. Commissioner of Service Tax, Che ...
Court: Customs Excise and Service Tax Appellate Tribunal CESTAT Chennai
Decided on: Apr-26-2010
Penalty of Rs.2,46,271/- imposed on the assessees herein for delayed payment of service tax during the period February to October 2007, is challenged by the assessees, on the ground that they had reasonable cause for delay namely, (i) non-availability of funds on due dates; (ii) shortage of funds due to TDS and (iii) change of staff dealing with service tax . 2. I have heard both sides. I find that none of the reasons put forth by the assessees for delay in payment of service tax has reasonable cause so as to extend to them the shelter under Section 80 of the Finance Act, 1994. The Commissioner has given detailed finding in para 7.3 of the impugned order for rejecting the submission of the assessee that they had reasonable cause for the delay in paying the tax. Para 7.3 is reproduced herein below:- “I, therefore, proceed to consider the request of the assessee to drop penal proposal in terms of Section 80. The reasons given for the delay in payment of Service tax are (i) Non-avai...
Manivel Selvaraj Versus the Defence Secretary and Others
Court: Armed forces Tribunal AFT Regional Bench Chennai
Decided on: Apr-26-2010
(Order of the Tribunal made by Justice ACA Adityan) 1. The petitioner has approached the Honourable Madurai Bench of Madras High Court by way of filing W.P.No.3970 of 2006 challenging the impugned order of the second respondent in Ref.No.1040634/SP/PG(PPO) dated 16.02.2006 and consequently, claimed pension after taking into consideration the past boy service rendered by him. After the constitution of the Armed Force Tribunal, Regional Bench at Chennai, after the enactment of the Armed Forces Tribunal Act 2007, the said Writ Petition was transferred to this Tribunal and renumbered as T.A.No.08 of 2010. 2. According to the petitioner, he had put in 12 years of army service from 1964 and had also served in Boys Service in Indian Army from 30.05.1964. On 15.06.1966, the petitioner was posted to Indian Army and during 1971 Indo-Pakistan war, the petitioner participated in the same and he was honoured with Presidential Award for his meritorious services. The petitioner was discharged from A...
Prabavathy Vs. the State of Tamil Nadu Rep. by Its Secretary to Govern ...
Court: Chennai
Decided on: Apr-23-2010
ORDERK. Chandru, J.1. The petitioner has filed the present writ petition seeking for a direction to the respondents to pay compensation of Rs. 5 Lakhs to the petitioner for the death of her husband E. Nanjappan in the judicial custody.2. When the matter came up on 25.7.2008, this Court directed the learned Additional Government Pleader to take notice and subsequently, when the matter came up on 24.10.2008, this Court directed production of the case files in Crime Nos. 12 of 2008, 903 of 2007 and 1316 of 2007 as well as the post mortem report conducted on the body of the petitioner's husband and the report of the Revenue Divisional Officer, Trichy. Thereafter, after several adjournments, the documents directed to be produced were furnished to this Court.3.1. The case of the petitioner was that her husband was a retired Fire Officer hailing from Krishnagiri District. On 4.1.2008, the second respondent arrested him on suspicion and he was taken to the police station along with motorcycle....
N. Murugan Vs. the Secretary to Government, Revenue Department,
Court: Chennai
Decided on: Apr-23-2010
ORDERR.S. Ramanathan, J.1. The petitioner's father died in harness on 07.02.1989, while he was working as Tahsildar and he had two daughters and 2 sons. His elder son was appointed as office assistant in the office of the Agricultural department on 13.01.1986 and on 24.03.1989, he got married and went away from the family. He is not looking after the family members after the death of his father and therefore, the wife of late government servant, approached the authorities to give employment on compassionate ground and that was rejected by 2nd respondent and the same was taken up to the government and the government confirmed the rejection order passed by the 2nd respondent vide its letter dated 17.08.1992.2. Subsequently, the government passed G.O.Ms. 155 Labour and Employment department dated 16.07.1993 and relaxed the condition for appointment of compassionate ground and have stated that even if there is already any earning member in the family of the late government servant, who die...
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